128ESuperannuation account‑freezing notice

128E  Superannuation account‑freezing notice  (1) This section applies in relation to a member of an eligible superannuation plan if the Official Receiver has reasonable grounds to believe that:  (a) a transaction is void against the trustee of a bankrupt’s estate under section 128B or 128C; and  (i) the whole or a part of the 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 member’s superannuation interest. Giving of freezing notice  (2) The Official Receiver may, by written notice (a superannuation account‑freezing notice) given to the trustee of the eligible superannuation plan, direct the trustee of the plan not to:  (a) cash or debit; or  (b) permit the cashing, debiting, roll‑over, transfer or forfeiture of; the whole or any part of the superannuation interest except:  (c) for the purposes of complying with a notice under section 139ZQ; or  (d) for the purposes of complying with an order under section 139ZU; or  (e) for the purposes of charging costs against, or debiting costs from, the superannuation interest; or  (f) for the purposes of giving effect to a family law payment split; or  (g) in accordance with the written consent of the Official Receiver given under section 128H; or  (h) for the purposes of complying with an order under paragraph 128K(1)(b); or  (i) for the purposes of complying with an order under subsection 139ZT(2); or  (j) in such circumstances (if any) as are specified in the regulations.  (3) The superannuation account‑freezing notice must set out the facts and circumstances because of which the Official Receiver considers that the Official Receiver has reasonable grounds to believe that:  (a) the transaction is void against the trustee of the bankrupt’s estate under section 128B or 128C; and  (i) the whole or a part of the 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 member’s superannuation interest. When Official Receiver may give freezing notice  (4) The Official Receiver may give the superannuation account‑freezing notice:  (b) if a registered trustee is the trustee of the bankrupt’s estate—on application by the registered trustee. When freezing notice comes into force  (5) The superannuation account‑freezing notice comes into force when the notice is given to the trustee of the eligible superannuation plan.