58Prerequisite for discretionary revocation or variation of declaration of person as representative for defunct non‑government institution

#### 58 Prerequisite for discretionary revocation or variation of declaration of person as representative for defunct non‑government institution (1) This section is for the purposes of subsection 120(3) of the Act. Prerequisite for revocation (2) If the Minister proposes to revoke under subsection 120(1) of the Act a declaration that a person is the representative for a defunct non‑government institution, the Minister: (a) must give the person written notice of the proposal, inviting the person to give the Minister within 10 business days written advice why the declaration should not be revoked; and (b) must not revoke the declaration until after: (i) the Minister has considered written advice received in response to the invitation within 10 business days of the notice being given; or (ii) if written advice is not received by the Minister in response to the invitation within that period—that period has passed. Prerequisite for variation (3) Subsection (4) applies if the Minister proposes to vary under subsection 120(1) of the Act a declaration that a person (the old representative) is the representative for a defunct non‑government institution so that: (a) the old representative will no longer be declared to be the representative for the defunct institution; and (b) another person will be declared to be the representative for the defunct institution instead of the old representative. (4) The Minister: (a) must give the old representative written notice of the proposal, inviting the old representative to give the Minister within 10 business days written advice why the declaration should not be varied so that the old representative will no longer be declared to be the representative for the defunct institution; and (b) must not vary the declaration until after: (i) the Minister has considered written advice received in response to the invitation within 10 business days of the notice being given; or (ii) if written advice is not received by the Minister in response to the invitation within that period—that period has passed. When subsections (2) and (4) do not apply (5) Subsections (2) and (4) do not apply if: (a) the representative or old representative has died, ceased to exist or is insolvent; or (b) subsection 120(2) of the Act applies (about revocation on request by the representative).