Victorian Current Acts

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CONFISCATION ACT 1997 - SECT 9

Effective control of property

    (1)     For the purposes of this Act, property may be subject to the effective control of a person whether or not the person has an interest in it.

S. 9(1A) inserted by No. 44/2022 s. 57.

    (1A)     Property may be subject to the effective control of more than one person.

S. 9(1B) inserted by No. 44/2022 s. 57.

    (1B)     Property that is held on trust for the benefit of a person, or is otherwise subject to a person's beneficial ownership, is taken to be under the person's effective control.

    (2)     In determining whether or not property is subject to the effective control of a person or whether or not there are reasonable grounds to believe that it is, 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, business or other 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.

S. 10 (Heading) inserted by No. 68/2009 s. 97(Sch. item 23.11).

S. 10 amended by No. 68/2009 s. 97(Sch. item 23.12).



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