Section 128K — Bankruptcy Act 1966 (Cth)

(1) If the Court is satisfied that the trustee of an eligible superannuation plan has breached, or is proposing to breach, a superannuation account‑freezing notice, the Court may, on application of the trustee of the relevant bankrupt’s estate, make any or all of the following orders:

(a) an order directing the trustee of the plan to comply with that notice;

(b) an order directing the trustee of the plan to pay to the trustee of the relevant bankrupt’s estate an amount not exceeding the money, or the value of the property, received as a result of the transaction referred to in paragraph 128E(1)(a);

(c) any other order that the Court thinks appropriate.

(2) The Court may discharge or vary an order granted under this section.

(3) An order by the Court under paragraph (1)(b) is enforceable as if it were an order for the payment of money made by the Court when exercising jurisdiction otherwise than under this Act.

Related sections

• s 128G — Copy of superannuation account‑freezing notice to be given to trustee etc.
• s 128H — Consent of Official Receiver to the cashing etc. of a superannuation interest
• s 128J — Power of Court to set aside superannuation account‑freezing notice
• s 128L — Protection of trustee of eligible superannuation plan
• s 128M — References to a member of an eligible superannuation plan
• s 128N — Definitions

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