Victorian Current Acts

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LEGAL IDENTITY OF DEFENDANTS (ORGANISATIONAL CHILD ABUSE) ACT 2018 - SECT 6

Control of associated trust by NGO

For the purposes of this Act, a trust is an associated trust which an NGO controls if—

        (a)     the NGO has, either directly or indirectly, the power to control the application of the income, or the distribution of the property, of the trust; or

        (b)     the NGO has the power to obtain the beneficial enjoyment of the property or income of the trust, with or without the consent of any other entity; or

        (c)     the NGO has, either directly or indirectly, the power to appoint or remove the trustee or trustees of the trust; or

        (d)     the NGO has, either directly or indirectly, the power to appoint or remove beneficiaries of the trust; or

        (e)     the trustee of the trust is accustomed or under an obligation, whether formal or informal, to act according to the directions, instructions or wishes of the NGO; or

        (f)     the NGO has, either directly or indirectly, the power to determine the outcome of any other decisions about the trust's operations; or

        (g)     a member of the NGO or a management member of the NGO has, under the trust deed applicable to the trust, a power of a kind referred to in paragraphs (a) to (f).



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