Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 337

Meaning of effective control

             (1)  Property may be subject to the effective control of a person whether or not the person has:

                     (a)  a legal or equitable estate or * interest in the property; or

                     (b)  a right, power or privilege in connection with the property.

             (2)  Property that is held on trust for the ultimate * benefit of a person is taken to be under the effective control of the person.

             (4)  If property is initially owned by a person and, within 6 years either before or after an application for a * restraining order or a * confiscation order is made, disposed of to another person without * sufficient consideration, then the property is taken still to be under the effective control of the first person.

          (4A)  In determining whether or not property is subject to the effective control of a person, the effect of any order made in relation to the property under this Act is to be disregarded.

             (5)  In determining whether or not property is subject to the effective control of a person, regard may be had to:

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

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

                     (c)  family, domestic and business relationships between 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), and other persons.

             (6)  For the purposes of this section, family relationships are taken to include the following (without limitation):

                     (a)  relationships between * de facto partners;

                     (b)  relationships of child and parent that arise if someone is the child of a person because of the definition of child in section 338;

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

             (7)  To avoid doubt, property may be subject to the effective control of more than one person.



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