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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