BANKRUPTCY ACT 1966

PART VI - ADMINISTRATION OF PROPERTY  

Division 3 - Property available for payment of debts  

Subdivision B - Superannuation contributions  

SECTION 128J   POWER OF COURT TO SET ASIDE SUPERANNUATION ACCOUNT-FREEZING NOTICE  

128J(1)   [ Court may order setting aside of notice]  

If the Court, on application by:


(a) a person to whom a superannuation account-freezing notice has been given; or


(b) the member whose superannuation interest is affected by a superannuation account-freezing notice; or


(c) any other interested person;

is satisfied that the Official Receiver did not have reasonable grounds to believe that:


(d) the relevant transaction is void against the trustee of a bankrupt ' s estate under section 128B or 128C ; and


(e) either:


(i) the whole or a part of the relevant member ' s superannuation interest is attributable to the transaction; or

(ii) the trustee of the bankrupt ' s estate has made an application for a section 139ZU order that relates to the transaction and the relevant member ' s superannuation interest;

the Court may make an order setting aside the notice.

128J(2)   [ Notice taken not to have been given]  

A superannuation account-freezing notice that has been set aside is taken not to have been given.




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