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Criminal Property Forfeiture Act 2002
7Effective control of property
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7 Effective control of property
(1) For this Act, a person has effective control of property if, although
the person does not have the legal estate in the property, the
property is directly or indirectly subject to the control of the person
or is held for the ultimate benefit of the person.
Criminal Property Forfeiture Act 2002 7
(2) Without limiting subsection (1), when determining whether a person
has effective control of any property, the following matters may be
taken into account:
(a) any shareholdings in, debentures over or directorships of any
corporation that has a direct or indirect interest in the property;
(b) any trust that has a relationship to the property;
(c) family, domestic and business relationships between persons
having an interest:
(i) in the property; or
(ii) in a corporation that has a direct or indirect interest in
the property; or
(iii) in a trust that has a relationship to the property;
(d) any other relevant matters.