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Crime (Confiscation of Profits) Act 1993
81Meaning of effective control
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### 81 Meaning of effective control
> [*\[Section 81 Substituted by No. 60 of 2013, s. 12, Applied:01 Mar 2014\]*](/view/html/inforce/2014-03-01/act-2013-060#GS12@EN)
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> > (1) For the purposes of this Part, a person has effective control of property if, although the person may not have a legal interest in the property, the property is –
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> > > > (a) directly or indirectly subject to the control of the person; or
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> > > > (b) held for the ultimate benefit of the person.
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> > (2) Without limiting [subsection (1)](#GS81@Gs1@EN) , when determining whether or not a person has effective control of any property, the following matters may be taken into account:
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> > > > (a) any shareholdings in, debentures over or directorships of any corporation that has a direct or indirect interest in the property;
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> > > > (b) any trust that has a relationship to the property;
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> > > > (c) family, domestic and business relationships between persons having an interest in –
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> > > > > > (i) the property; or
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> > > > > > (ii) a corporation that has a direct or indirect interest in the property; or
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> > > > > > (iii) a trust that has a relationship to the property;
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> > > > (d) any other relevant matters.