New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 7

7 Meaning of "interest in property"

(1) In this Act, a reference to an interest of a person in property is a reference to--

(a) an interest the person has in real or personal property, or

(b) a chose in action enforceable at the suit of the person, or

(c) an interest of the person that is within a class of interests prescribed as interests in property for the purposes of this Act.

(2) Without limiting the generality of subsection (1), a reference in this Act to an interest of a person in property includes a reference to--

(a) the person's money, and

(b) an interest that the person has in the goodwill of a business, and

(c) an interest that the person has in a licence required to be held in order to carry on a business.

(2A) A reference in this Act to an interest of a person in property includes a reference to an interest of a person in property situated outside New South Wales (including outside Australia).

(3) For the purposes of this Act, if--

(a) but for this subsection, a person would have an interest in property as provided by subsection (1), and

(b) the interest is subject to the effective control of another person,

the interest is an interest of the person who has effective control and is not an interest of the person referred to in paragraph (a).

(4) In this section--

"interest" , in relation to property, means--

(a) a legal or equitable estate or interest in the property, or

(b) a right, power or privilege in connection with the property,

whether present or future and whether vested or contingent.