Bankruptcy Act 1966
PART VI
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ADMINISTRATION OF PROPERTY
Division 3
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Property available for payment of debts
Subdivision B
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Superannuation contributions
SECTION 128H
CONSENT OF OFFICIAL RECEIVER TO THE CASHING ETC. OF A SUPERANNUATION INTEREST
Scope
128H(1)
This section applies if a superannuation account-freezing notice is in force in relation to a member ' s superannuation interest.
Consent
128H(2)
The member may apply in writing to the Official Receiver for the Official Receiver to consent to the cashing, debiting, roll-over, transfer or forfeiture, in whole or in part, of the member ' s superannuation interest.
128H(3)
If an application is made under subsection (2) , the Official Receiver may, by written notice given to the trustee of the eligible superannuation plan concerned, consent to the cashing, debiting, roll-over, transfer or forfeiture, in whole or in part, of the member ' s superannuation interest.
128H(4)
A consent under subsection (3) may be: (a) unconditional; or (b) subject to such conditions (if any) as are specified in the notice of consent.
128H(5)
If the Official Receiver gives a consent under subsection (3) in relation to a member ' s superannuation interest, the Official Receiver must give a copy of the consent to the member.
Consultation
128H(6)
Before giving a consent under subsection (3) , the Official Receiver must consult the trustee of the bankrupt ' s estate.
Review of decisions
128H(7)
Applications may be made to the Administrative Review Tribunal for review of a decision of the Official Receiver refusing to give a consent under subsection (3) .
128H(8)
The trustee of the bankrupt ' s estate may apply to the Administrative Review Tribunal for review of a decision of the Official Receiver giving a consent under subsection (3) .
View history note
Hide history noteScope
128H(1)
This section applies if a superannuation account-freezing notice is in force in relation to a member ' s superannuation interest.
Consent
128H(2)
The member may apply in writing to the Official Receiver for the Official Receiver to consent to the cashing, debiting, roll-over, transfer or forfeiture, in whole or in part, of the member ' s superannuation interest.
128H(3)
If an application is made under subsection (2) , the Official Receiver may, by written notice given to the trustee of the eligible superannuation plan concerned, consent to the cashing, debiting, roll-over, transfer or forfeiture, in whole or in part, of the member ' s superannuation interest.
128H(4)
A consent under subsection (3) may be: (a) unconditional; or (b) subject to such conditions (if any) as are specified in the notice of consent.
128H(5)
If the Official Receiver gives a consent under subsection (3) in relation to a member ' s superannuation interest, the Official Receiver must give a copy of the consent to the member.
Consultation
128H(6)
Before giving a consent under subsection (3) , the Official Receiver must consult the trustee of the bankrupt ' s estate.
Review of decisions
128H(7)
Applications may be made to the Administrative Review Tribunal for review of a decision of the Official Receiver refusing to give a consent under subsection (3) .
128H(8)
The trustee of the bankrupt ' s estate may apply to the Administrative Review Tribunal for review of a decision of the Official Receiver giving a consent under subsection (3) .