Commonwealth Consolidated Acts

BANKRUPTCY ACT 1966 - SECT 128H

Scope

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

Consent

  (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.

  (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.

  (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.

  (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

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

Review of decisions

  (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).

  (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).