Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1989 No. 108 of 1989 - SECT 19

19. After section 243A of the Principal Act the following section is inserted:
Effective control of property

"243AB. (1) Property, or an interest in property, may be subject to the
effective control of a person within the meaning of this Division 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) Without limiting the generality of any other provision of this Division,
in determining:

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

   (b)  whether or not there are reasonable grounds to believe that property,
        or an interest in 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;

   (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 referred to in
        paragraph (c) or trusts of the kind referred to in paragraph (d), and
        other persons.".