Australian Capital Territory Consolidated Acts

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AGENTS ACT 2003 - SECT 82

Meaning of beneficial interest and obtains a beneficial interest for div 5.6

In this division:

"beneficial interest" in land includes—

        (a)     a lease of the land; and

        (b)     an option for the purchase of the land or a lease of the land; and

        (c)     a general power of appointment over the land.

"obtains a beneficial interest"—a person (including an agent or salesperson) obtains a beneficial interest in land if a beneficial interest in the land is obtained by—

        (a)     the person; or

        (b)     a family member of the person; or

        (c)     a corporation with not more than 100 members that the person, or a family member of the person, is a member of; or

        (d)     a subsidiary of a corporation mentioned in paragraph (c); or

        (e)     a corporation that the person, or a family member of the person, is an executive officer of; or

        (f)     the trustee of a trust that the person, or a family member of the person, is a beneficiary of, if the interest is obtained on behalf of the trust; or

        (g)     a member of a firm or partnership that the person, or a family member of the person, is a member of; or

        (h)     someone else carrying on a business if the person, or a family member of the person, has a direct or indirect right to participate in the profits of the business.



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