51Provisions relating to appointments

51 Provisions relating to appointments

(1) The Secretary must not appoint a person as a nominee of a participant under section 50 except: (a) with the written consent of the appointee; and (b) after taking into consideration the preferences (if any) of the participant regarding the making of the appointment. (2) In appointing a person as a nominee of a participant under section 50, the Secretary must consider whether the person is able to comply with section 46. (3) In appointing a nominee of a participant under section 50, the Secretary must have regard to whether there is a person who, under a law of the Commonwealth, a State or a Territory: (a) has guardianship of the person; or (b) is a person appointed by a court, tribunal, board or panel (however described) who has power to make decisions for the participant and whose responsibilities in relation to the participant are relevant to the duties of a nominee. (4) The Secretary must cause a copy of an appointment under section 50 to be given to: (a) the nominee; and (b) the participant. (5) The rules may prescribe: (a) persons who must not be appointed as nominees; and (b) criteria the Secretary is to apply or matters to which the Secretary is to have regard in considering the appointment of a nominee.