4BHSuspension or withdrawal of approval of nominee

4BH Suspension or withdrawal of approval of nominee

(1) By notice in writing to the licensee and to the nominee, the Secretary may suspend or withdraw the approval of a nominee or alternative nominee for a licence if there is reason to believe that: (a) the nominee or alternative nominee has failed to comply with a licence condition or a condition of approval of the nomination; or (b) the nominee or alternative nominee is not a fit and proper person to act as a nominee or alternative nominee; or (c) the nominee or alternative nominee is not reasonably able to discharge the responsibilities of the licensee under the licence. (2) Before making a decision about suspending or withdrawing the approval of a nominee or alternative nominee, the Secretary must give to the nominee or alternative nominee: (a) notice in writing of the grounds on which the Secretary proposes to suspend or withdraw the approval; and (b) a reasonable opportunity to make representations about the proposed suspension or withdrawal of approval. (3) A notice of suspension or withdrawal of approval must give reasons for the suspension or withdrawal. (4) The Secretary, in a notice of suspension of approval, may impose a condition that the licensee must comply with for the suspension to cease under subregulation (5). (5) The suspension of approval of a nominee or alternative nominee ceases: (a) if a condition is imposed under subregulation (4)—when the Secretary notifies the licensee in writing that the condition has been complied with; and (b) in any other case—at the end of the later of: (i) the period of 14 days beginning on the day on which the suspension is notified; and (ii) the period (if any) specified in the notice.

Note: An application may be made to the Administrative Review Tribunal for a review of a decision by the Secretary under this regulation—see regulation 4CN.