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StatuteBankruptcy Act 1966

Section 128J — Bankruptcy Act 1966: Power of Court to set aside superannuation account-freezing notice

Text of the provision Official document

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

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.