CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 6
CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 6
6—Meaning of effective control
(1) For the purposes
of this Act, the following principles apply when
determining whether property is subject to the "effective control" of a
person:
(a)
property may be subject to the effective control of a person whether or not
the person has an interest in the property;
(b)
property that is held on trust for the ultimate benefit of a person is taken
to be subject to the effective control of the person;
(c) if a
person is one of 2 or more beneficiaries under a discretionary trust, the
following undivided proportion of the trust property is taken to be subject to
the effective control of the person:
(d) if
property is initially owned by a person and, within 6 years (whether before or
after) of—
(i)
an application for a restraining order or a
confiscation order being made; or
(ii)
the person becoming a prescribed drug offender,
is disposed of to another person without sufficient consideration, then the
property is taken still to be subject to the effective control of the first
person;
(e)
property may be subject to the effective control of a person even if one or
more other persons have joint control of the property.
(2) 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.