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  

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) .