Criminal Property Forfeiture Act 2002

For this Act, a person has effective control of property if, although the person does not have the legal estate in the property, the property is directly or indirectly subject to the control of the person or is held for the ultimate benefit of the person.

Without limiting subsection (1), when determining whether a person has effective control of any property, the following matters may be taken into account:

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

any trust that has a relationship to the property;

family, domestic and business relationships between persons having an interest:

in the property; or

in a corporation that has a direct or indirect interest in the property; or

in a trust that has a relationship to the property;

any other relevant matters.