Document ID: chunk:federal_register_of_legislation:C2025C00167:section:116:p2
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 116 (pt 2/5)
Character Range: 307516–310120

whose aggregate value does not exceed the amount prescribed by the regulations or, if before the trustee realises the last‑mentioned property the creditors determine by resolution a greater amount in relation to that property, that greater amount;
 (d) subject to sections 128B, 128C and 139ZU:
 (i) policies of life assurance or endowment assurance in respect of the life of the bankrupt or the spouse or de facto partner of the bankrupt;
 (ii) the proceeds of such policies received on or after the date of the bankruptcy;
 (iii) the interest of the bankrupt in:
 (A) a regulated superannuation fund (within the meaning of the Superannuation Industry (Supervision) Act 1993); or
 (B) an approved deposit fund (within the meaning of that Act); or
 (C) an exempt public sector superannuation scheme (within the meaning of that Act);
 (iv) a payment to the bankrupt from such a fund received on or after the date of the bankruptcy, if the payment is not a pension within the meaning of the Superannuation Industry (Supervision) Act 1993;
 (iva) a payment to the bankrupt under a payment split under Part VIIIB or VIIIC of the Family Law Act 1975 where:
 (A) the eligible superannuation plan involved is a fund or scheme covered by subparagraph (iii); and
 (B) the splittable payment involved is not a pension within the meaning of the Superannuation Industry (Supervision) Act 1993;
 (v) the amount of money a bankrupt holds in an RSA;
 (vi) a payment to a bankrupt from an RSA received on or after the date of the bankruptcy, if the payment is not a pension or annuity within the meaning of the Retirement Savings Accounts Act 1997;
 (vii) a payment to the bankrupt under a payment split under Part VIIIB or VIIIC of the Family Law Act 1975 where:
 (A) the eligible superannuation plan involved is an RSA; and
 (B) the splittable payment involved is not a pension or annuity within the meaning of the Retirement Savings Accounts Act 1997;
 (g) any right of the bankrupt to recover damages or compensation:
 (i) for personal injury or wrong done to the bankrupt, the spouse or de facto partner of the bankrupt or a member of the family of the bankrupt; or
 (ii) in respect of the death of the spouse or de facto partner of the bankrupt or a member of the family of the bankrupt;
  and any damages or compensation recovered by the bankrupt (whether before or after he or she became a bankrupt) in respect of such an injury or wrong or the death of such a person;
Note: See also subsection 5(6).
 (ga) a payment under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 to the bankrupt