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AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 42F Effective control of property

AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 42F

Effective control of property

  (1)   Property may be subject to the effective control of a person within the meaning of this Part, whether or not the person has an interest in the property.

  (2)   Without limiting the generality of any other provision of this Part, in determining:

  (a)   whether or not property is subject to the effective control of a person; or

  (b)   whether or not there are reasonable grounds to believe that property is subject to the effective control of a person;

regard may be had to:

  (c)   shareholdings in, debentures over or directorships of a company that has an interest (whether direct or indirect) in the property; and

  (d)   a trust that has a relationship to the property; and

  (e)   family, domestic and business relationships between persons having an interest in the property, or in companies of the kind mentioned in paragraph   (c) or trusts of the kind mentioned in paragraph   (d), and other persons.

  (3)   For the purposes of paragraph   (2)(e), family relationships are taken to include the following (without limitation):

  (a)   relationships between   de   facto   partners (within the meaning of the Acts Interpretation Act 1901 );

  (b)   relationships of child and parent that arise if someone is the child of a person because of the definition of child in this section;

  (c)   relationships traced through relationships mentioned in paragraphs   (a) and (b).

  (4)   In this section:

"child" : without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .