CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 20 Meaning of effective control of property

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 20

20 Meaning of effective control of property

(1) Property may be under a person’s
"effective control" even if—

(a) the person does not have a direct or indirect right, power or privilege over, or in relation to, the property; or

(b) the person does not otherwise have an interest in the property.

(2) Regard may be had to all relevant matters in deciding—

(a) whether or not property is under a person’s effective control; or

(b) whether or not there are reasonable grounds to suspect that property is under a person’s effective control.

(3) Matters to which regard may be had include, for example—

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

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

(c) family, domestic, business and other relationships between any of the following and other persons—

(i) persons having an interest in the property;

(ii) corporations that have a direct or indirect interest in the property;

(iii) trusts that have a relationship to the property.

(4) However, property is under the effective control of a person (the
"first person" ) if the property—

(a) is held by another person for the ultimate benefit of the first person; or

(b) was a gift given by the first person to another person within 6 years before the making of an application for a restraining order, whether or not the gift is still in the other person’s possession.

(5) Subsection (6) applies if—

(a) a restraining order is made for particular property because a person to whom the restraining order relates has effective control of the property; and

(b) the restraining order directs the public trustee to take control of the property.

(6) For the purposes of the Supreme Court’s power to make further orders under this chapter in relation to the property in reliance, directly or indirectly, on a provision of this Act that mentions property that is, or is not, under the effective control of the person, the property is taken to continue to be under the effective control of the person.

Note—

This definition applies to the whole Act. See the dictionary.