NSWIn ForceAct
Criminal Assets Recovery Act 1990
7Meaning of “interest in property”
Start here
Get a plain-English read of 7
Turn the raw legal text into a practical explanation grounded in Criminal Assets Recovery Act 1990.
#### 7 Meaning of “interest in property”
7 Meaning of “interest in property”
> > (1) In this Act, a reference to an interest of a person in property is a reference to—
> >
> > > (a) an interest the person has in real or personal property, or
> >
> > > (b) a chose in action enforceable at the suit of the person, or
> >
> > > (c) an interest of the person that is within a class of interests prescribed as interests in property for the purposes of this Act.
>
> > (2) Without limiting the generality of subsection (1), a reference in this Act to an interest of a person in property includes a reference to—
> >
> > > (a) the person’s money, and
> >
> > > (b) an interest that the person has in the goodwill of a business, and
> >
> > > (c) an interest that the person has in a licence required to be held in order to carry on a business.
>
> > (2A) A reference in this Act to an interest of a person in property includes a reference to an interest of a person in property situated outside New South Wales (including outside Australia).
>
> > (3) For the purposes of this Act, if—
> >
> > > (a) but for this subsection, a person would have an interest in property as provided by subsection (1), and
> >
> > > (b) the interest is subject to the effective control of another person,
> >
> > the interest is an interest of the person who has effective control and is not an interest of the person referred to in paragraph (a).
>
> > (4) In this section—
> >
> > interest, in relation to property, means—
> >
> > > (a) a legal or equitable estate or interest in the property, or
> >
> > > (b) a right, power or privilege in connection with the property,
> >
> > whether present or future and whether vested or contingent.
>
> **s 7:** Am 1997 No 68, Sch 1 \[14\].