Person to whom property belongs
239 Person to whom property belongs
(1) For this Division, property belongs to anyone who has:
possession or control of it; or
(b) any proprietary right or interest in it, other than an equitable interest arising only from:
an agreement to transfer or grant an interest; or
a constructive trust.
(2) If property is subject to a trust, the person to whom the property belongs includes anyone having a right to enforce the trust.
If property belongs to 2 or more persons:
(a) a reference in this Division to a person to whom the property belongs is a reference to all those persons; and
(b) for an offence committed by a person (the defendant) – a reference in this Division to property belonging to another person includes a reference to property belonging to the defendant and other persons.
This Act’s bill:Second reading speech
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