Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) For this Act, property may be subject to the effective control of a person whether or not the person has an interest in it.
Note Interest , in relation to land or other property, means—
(a) a legal or equitable estate in the land or other property; or
(b) a right, power or privilege over, or in relation to, the land or other property.
See the Legislation Act
, dict, pt 1.
(2) In deciding whether or not property is subject to the effective control of a person, or whether or not there are reasonable grounds to suspect or believe that it is, regard may be had to any relevant matter, including, for example, any of the following:
(a) shareholdings in, debentures over, or directorships of, a company that has an interest (whether direct or indirect) in the property (a relevant company );
(b) a trust that has a relationship to the property (a relevant trust );
(c) family, personal, business and other relationships between people having an interest in the property, or in a relevant company or relevant trust, and other people.
(3) However, property is taken to be subject to the effective control of a person if—
(a) it is held by someone else on trust or otherwise for the ultimate benefit of the person; or
(b) the person disposed of the property without sufficient consideration to someone else—
(i) if the property is the subject of an application for an unexplained wealth restraining order or an unexplained wealth order—at any time; or
(ii) if the property is associated with any other confiscation proceeding—within 6 years before or after the commission of the offence to which the application relates.
Note 1 For the meaning of in relation to , see dict.
Note 2 For the meaning of sufficient consideration , see dict.