Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 156

156 .         Term used: effective control (in relation to property)

        (1)         For the purposes of this Act, a person has effective control of property if the person does not have the legal estate in the property, but the property is directly or indirectly subject to the control of the person, or is held for the ultimate benefit of the person.

        (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 in the property;

            (d)         family, domestic and business relationships between persons having an interest in or in a corporation that has a direct or indirect interest in the property;

            (e)         family, domestic and business relationships between persons having an interest in a trust that has a relationship to the property;

            (f)         any other relevant matters.