CIVIL LAW (WRONGS) ACT 2002 - SECT 114B Meaning of related trust—ch 8A

CIVIL LAW (WRONGS) ACT 2002 - SECT 114B

    (1)     In this chapter:

"related trust", in relation to an unincorporated body, means a trust controlled by the unincorporated body which the body uses to conduct the body's activities.

    (2)     For this section, a related trust is controlled by an unincorporated body if—

        (a)     the body has direct or indirect power to control the application of income, or the distribution of the property, of the trust; or

        (b)     the body has direct or indirect power to obtain the beneficial enjoyment of the property or income of the trust, with or without the consent of any other entity; or

        (c)     the body has direct or indirect power to appoint or remove a trustee of the trust; or

        (d)     the body has direct or indirect power to appoint or remove beneficiaries of the trust; or

        (e)     the trustee of the trust is accustomed or under an obligation, whether formal or informal, to act according to the directions, instructions or wishes of the body; or

        (f)     the body has direct or indirect power to decide the outcome of any other decision about the trust's operations; or

        (g)     a member of the body has, under the trust deed for the trust, a power mentioned in paragraphs (a) to (f).