BANKRUPTCY ACT 1966

PART VI - ADMINISTRATION OF PROPERTY  

Division 3 - Property available for payment of debts  

Subdivision B - Superannuation contributions  

SECTION 128H   CONSENT OF OFFICIAL RECEIVER TO THE CASHING ETC. OF A SUPERANNUATION INTEREST  

128H(1)   Scope.  

This section applies if a superannuation account-freezing notice is in force in relation to a member ' s superannuation interest.

128H(2)   Consent.  

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)   [ Consent by written notice]  

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)   [ Conditions of consent]  

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)   [ Copy of consent to be given to member]  

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.

128H(6)   Consultation.  

Before giving a consent under subsection (3), the Official Receiver must consult the trustee of the bankrupt ' s estate.

128H(7)   Review of decisions.  

Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Official Receiver refusing to give a consent under subsection (3).

128H(8)   [ Trustee may apply for review]  

The trustee of the bankrupt ' s estate may apply to the Administrative Appeals Tribunal for review of a decision of the Official Receiver giving a consent under subsection (3).




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