BANKRUPTCY ACT 1966

PART VI - ADMINISTRATION OF PROPERTY  

Division 3 - Property available for payment of debts  

Subdivision B - Superannuation contributions  

SECTION 128L   PROTECTION OF TRUSTEE OF ELIGIBLE SUPERANNUATION PLAN  

128L(1)   [ Protection of trustee in superannuation plan]  

No criminal or civil proceedings lie against the trustee of an eligible superannuation plan because of anything done (or not done) by the trustee in good faith:


(a) in compliance with a superannuation account-freezing notice; or


(b) in connection with, or incidental to, the trustee ' s compliance with a superannuation account-freezing notice; or


(c) in compliance with a section 139ZQ notice; or


(d) in connection with, or incidental to, the trustee ' s compliance with a section 139ZQ notice; or


(e) in compliance with a section 139ZU order; or


(f) in connection with, or incidental to, the trustee ' s compliance with a section 139ZU order; or


(g) in compliance with a subsection 139ZT(2) order; or


(h) in connection with, or incidental to, the trustee ' s compliance with a subsection 139ZT(2) order; or


(i) in compliance with a paragraph 128K(1)(b) order; or


(j) in connection with, or incidental to, the trustee ' s compliance with a paragraph 128K(1)(b) order.

128L(2)   [ Protection of trustee of regulated super fund or deposit fund]  

Anything done (or not done) by the trustee of a regulated superannuation fund, or the trustee of an approved deposit fund, in good faith:


(a) in compliance with a superannuation account-freezing notice; or


(b) in connection with, or incidental to, the trustee ' s compliance with a superannuation account-freezing notice; or


(c) in compliance with a section 139ZQ notice; or


(d) in connection with, or incidental to, the trustee ' s compliance with a section 139ZQ notice; or


(e) in compliance with a section 139ZU order; or


(f) in connection with, or incidental to, the trustee ' s compliance with a section 139ZU order; or


(g) in compliance with a subsection 139ZT(2) order; or


(h) in connection with, or incidental to, the trustee ' s compliance with a subsection 139ZT(2) order; or


(i) in compliance with a paragraph 128K(1)(b) order; or


(j) in connection with, or incidental to, the trustee ' s compliance with a paragraph 128K(1)(b) order;

is taken not to be in breach of:


(k) the Superannuation Industry (Supervision) Act 1993 ; or


(l) any standards prescribed under that Act.

128L(3)   [ Protection of RSA provider]  

Anything done (or not done) by an RSA provider in good faith:


(a) in compliance with a superannuation account-freezing notice; or


(b) in connection with, or incidental to, the RSA provider ' s compliance with a superannuation account-freezing notice; or


(c) in compliance with a section 139ZQ notice; or


(d) in connection with, or incidental to, the RSA provider ' s compliance with a section 139ZQ notice; or


(e) in compliance with a section 139ZU order; or


(f) in connection with, or incidental to, the trustee ' s compliance with a section 139ZU order; or


(g) in compliance with a subsection 139ZT(2) order; or


(h) in connection with, or incidental to, the trustee ' s compliance with a subsection 139ZT(2) order; or


(i) in compliance with a paragraph 128K(1)(b) order; or


(j) in connection with, or incidental to, the trustee ' s compliance with a paragraph 128K(1)(b) order;

is taken not to be in breach of:


(k) the Retirement Savings Accounts Act 1997 ; or


(l) any standards prescribed under that Act.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.