Commonwealth Consolidated Acts Commonwealth Consolidated Acts( 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.