New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 8

8 Meaning of "effective control of interest in property"

(1) An interest in property may be subject to the effective control of a person within the meaning of this Act even if--

(a) the person does not have a legal or equitable estate or interest in the property, or

(b) the person has no direct or indirect right, power or privilege in connection with the interest.

(2) In determining whether or not an interest in property is subject to the effective control of a person, regard may be had to any relevant matter, including (without being limited to) the following matters--

(a) shareholdings in, debentures of, or directorships of, a company that has the interest,

(b) a trust that has a relationship to the interest,

(c) family, domestic, business and other relationships between that person and other persons having an interest in the property, or in companies of the kind referred to in paragraph (a) or trusts of the kind referred to in paragraph (b).