Bankruptcy Act 1966
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Hide history noteThis 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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