239Person to whom property belongs

239 Person to whom property belongs (1) For this Division, property belongs to anyone who has: (a) possession or control of it; or (b) any proprietary right or interest in it, other than an equitable interest arising only from: (i) an agreement to transfer or grant an interest; or (ii) a constructive trust. (2) If property is subject to a trust, the person to whom the property belongs includes anyone having a right to enforce the trust. (3) If property belongs to 2 or more persons: (a) a reference in this Division to a person to whom the property belongs is a reference to all those persons; and Criminal Code Act 1983 251 (b) for an offence committed by a person (the defendant) – a reference in this Division to property belonging to another person includes a reference to property belonging to the defendant and other persons.