Australian Capital Territory Numbered Acts Australian Capital Territory Numbered 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 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.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(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) within 6 years before or after the commission of the offence in relation to which an application is made in a confiscation proceeding, the person disposed of the property without sufficient consideration to someone else.
Note 1 For the meaning of in relation to , see dict.
Note 2 For the meaning of sufficient consideration , see dict.