Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 5E

Associated entities: trusts

    For the purposes of this Act, a trust is associated with a person if, and only if, the person:

  (a)   is the settlor, or one of the settlors, of the trust;

  (b)   has power under the terms of the trust to appoint or remove a trustee of the trust or to vary, or cause to be varied, any of the terms of the trust;

  (c)   is a trustee of the trust;

  (d)   is able to control, or to influence materially, the activities of the trustee of the trust;

  (e)   if a trustee of the trust is a company--is a company officer of the company or otherwise is concerned, or takes part, in the company's management;

  (f)   is capable of benefiting under the trust;

  (g)   is a creditor of the trustee of the trust;

  (h)   is employed, or is engaged under a contract for services, by the trustee of the trust;

  (j)   acts as agent for the trustee of the trust in any transaction or dealing; or

  (k)   gives professional advice to the trustee of the trust.


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