Document ID: chunk:federal_register_of_legislation:C2025C00167:section:128j
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 128J
Character Range: 377607–378602

128J  Power of Court to set aside superannuation account‑freezing notice
 (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.