Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies if a person or trustee is nominated to have operational control over a facility under subsection 11B(2) or 11C(2) of the Act.
(2) The nomination must be accompanied by the following information:
(a) the day on which the nomination is to come into force;
(b) the day on which the nomination is to end;
(c) a statement about whether the nomination replaces an existing nomination;
(d) the identifying information for the nominee;
(e) whether the nominee is nominated for section 11B or 11C of the Act;
(f) a statement about whether the nominee is:
(i) a Chapter 5 body corporate; or
(ii) insolvent under administration;
(g) the identifying information for the facility.
(3) If the nomination is made under subsection 11B(2) of the Act, the nomination must also be accompanied by the following information:
(a) a statement from each of the other persons who satisfies paragraph 11(1)(a) of the Act in relation to the facility for the relevant period that the person consents to the nomination of the nominee;
(b) for each of the persons mentioned in paragraph (a)--the following:
(i) if the identifying information for the person has not previously been given to the Regulator--that identifying information;
(ii) if the identifying information for the person has previously been given to the Regulator--the following:
(A) the person's name, postal address and identifying details (if any);
(B) the name, position, telephone number, email address and postal address of a contact person for the person;
(c) if the nominee is a foreign person--a statement that all of the persons mentioned in paragraph (a) are also foreign persons;
(d) a statement that the facility passes the eligible nomination test in subsection 11B(1) of the Act, because:
(i) each of the persons that made the nomination could satisfy paragraph 11(1)(a) of the Act in relation to the facility; and
(ii) no particular person has the greatest authority to introduce and implement the policies mentioned in paragraph 11(1)(a) of the Act; and
(iii) no declaration under section 55 or 55A of the Act applies in relation to the facility.
(4) If the nomination is made under subsection 11C(2) of the Act, the nomination must also be accompanied by the following information:
(a) a statement that each of the other trustees in relation to the facility for the relevant period consents to the nomination of the nominee;
(b) for each of the trustees mentioned in paragraph (a)--the following:
(i) the trustee's name, postal address and identifying details (if any);
(ii) the name, position, telephone number, email address and postal address of a contact person for the trustee;
(c) if the nominee is a foreign person--a statement that all of the trustees mentioned in paragraph (a) are also foreign persons;
(d) a statement that the facility passes the eligible nomination test in subsection 11C(1) of the Act, because:
(i) a trust has operational control of the facility; and
(ii) there are 2 or more trustees of the trust; and
(iii) no declaration under section 55 or 55A of the Act applies in relation to the facility.