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StatuteBankruptcy Act 1966

Section 128L — Bankruptcy Act 1966: Protection of trustee of eligible superannuation plan

Text of the provision Official document

(1) 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. (2) 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. (3) 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.

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.