(1) Property may be subject to the effective control of a person whether or not the person has:

(a)

a legal or equitable estate or ^* interest in the property; or

(b)

a right, power or privilege in connection with the property.

(2) Property that is held on trust for the ultimate ^* benefit of a person is taken to be under the effective control of the person. (3) However, 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 under the effective control of the person:

(4) If property is initially owned by a person and, within 6 years either before or after an application for a ^* restraining order or a ^* confiscation order is made, disposed of to another person without ^* sufficient consideration, then the property is taken still to be under the effective control of the first person. (5) 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.