PART 3

NOMINATED PERSON

Duties in relation to nominated person

Determining who is nominated person
85
1
Where a person (“D”) is determining for any purpose of this Act whether another person (“P”) has a nominated person or who P’s nominated person is, then unless D has reason to believe that an action mentioned in subsection (2) has been taken, D may assume that that action has not been taken.
2
The actions referred to in subsection (1) are—
a
the appointment of a person as P’s nominated person;
b
the revocation of such an appointment;
c
a declaration by P that a particular person is not to be P’s default nominated person;
d
any other action under Part 3 which would affect whether P has a nominated person or who P’s nominated person is.
3
For the purposes of this Act it is “practicable to establish” whether a person has a nominated person, or who a person’s nominated person is, if it is practicable to form a reasonable belief about that matter (having regard to subsection (1)).