123KNotification by nominee of matters affecting ability to act as nominee

123K  Notification by nominee of matters affecting ability to act as nominee  (1) The Secretary may give a nominee of a benefit recipient a notice that requires the nominee to inform the Department if:  (i) an event or change of circumstances occurs; or  (ii) the nominee becomes aware that an event or change of circumstances is likely to occur; and  (b) the event or change of circumstances is likely to affect:  (i) the ability of the nominee to act as the payment nominee or correspondence nominee of the benefit recipient, as the case may be; or  (ii) the ability of the Secretary to give notices to the nominee under this Act; or  (iii) the ability of the nominee to comply with notices given to the nominee by the Secretary under this Act.  (2) Subject to subsection (3), a notice under subsection (1):  (a) must be in writing; and  (b) may be given personally or by post or by any other means approved by the Secretary; and  (c) must specify how the nominee is to give the information to the Department; and  (d) must specify the period within which the nominee is to give the information to the Department.  (3) A notice under subsection (1) is not ineffective merely because it fails to comply with paragraph (2)(c).  (4) Subject to subsection (5), the period specified under paragraph (2)(d) must not end earlier than 14 days after:  (a) the day on which the event or change of circumstances occurs; or  (b) the day on which the nominee becomes aware that the event or change of circumstances is likely to occur.  (5) If a notice requires the nominee to inform the Department of any proposal by the nominee to leave Australia, subsection (4) does not apply to that requirement.  (6) This section extends to:  (b) all persons, irrespective of their nationality or citizenship.