Queensland Consolidated Acts

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


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