Section 128D — Bankruptcy Act 1966 (Cth)

(1) An action under section 128B or 128C with respect to a transaction may be commenced by the trustee of a bankrupt’s estate at any time.

(2) A section 139ZQ notice in relation to a transaction that, under section 128B or 128C, is void against the trustee of a bankrupt’s estate must not be given before the commencement of Part 2 of Schedule 1 to the Bankruptcy Legislation Amendment (Superannuation Contributions) Act 2007.

(3) A section 139ZQ notice in relation to a transaction that, under section 128B or 128C, is void against the trustee of a bankrupt’s estate may be given even if the transaction occurred before the commencement of Part 2 of Schedule 1 to the Bankruptcy Legislation Amendment (Superannuation Contributions) Act 2007.

Related sections

• s 128A — Simplified outline
• s 128B — Superannuation contributions made to defeat creditors—contributor is a person who later becomes a bankrupt
• s 128C — Superannuation contributions made to defeat creditors—contributor is a third party
• s 128E — Superannuation account‑freezing notice
• s 128F — Revocation of superannuation account‑freezing notice
• s 128G — Copy of superannuation account‑freezing notice to be given to trustee etc.

Research how courts apply s 128D

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