Document ID: chunk:federal_register_of_legislation:C2007A00057:clause:1_128f:p2
Version: federal_register_of_legislation:C2007A00057
Segment Type: clause
Provision Reference: sch 1 cl 128F (pt 2/2)
Character Range: 24845–26554

If:
 (a) subparagraph 128E(1)(b)(ii) applied in relation to a superannuation account‑freezing notice given in relation to a member of an eligible superannuation plan; and
 (b) during the 180‑day period after the superannuation account‑freezing notice comes into force:
 (i) the Court dismisses an application for a section 139ZU order in relation to the transaction referred to in paragraph 128E(1)(a) and in relation to the member's superannuation interest; or
 (ii) an application for a section 139ZU order in relation to the transaction referred to in paragraph 128E(1)(a) and in relation to the member's superannuation interest is withdrawn;
the superannuation account‑freezing notice is revoked.

Revocation of freezing notice if no section 139ZU order made after 180 days

 (7) If subparagraph 128E(1)(b)(ii) applied in relation to a superannuation account‑freezing notice given in relation to a member of an eligible superannuation plan, the superannuation account‑freezing notice is revoked if:
 (a) 180 days pass after the notice comes into force; and
 (b) no section 139ZU order has been made in relation to the transaction referred to in paragraph 128E(1)(a) and in relation to the member's superannuation interest.

Extension of 180‑day period

 (8) The Court may, on application by the Official Receiver, extend, or further extend, the 180‑day period referred to in subsection (5), (6) or (7).

 (9) The Official Receiver may make an application under subsection (8):
 (a) if the Official Trustee is the trustee of the bankrupt's estate—on the initiative of the Official Receiver; or
 (b) if a registered trustee is the trustee of the bankrupt's estate—on application by the registered trustee.