Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 601RAD

  (1)   A person with a proper interest , in relation to an estate, includes (but is not limited to) the following:

  (a)   ASIC;

  (b)   in relation to a charitable trust:

  (i)   the settlor, or one of the settlors, of the trust; or

  (ii)   a person who, under the terms of the trust, has power to appoint or remove a trustee of the trust or to vary (or cause to be varied) any of the terms of the trust; or

  (iii)   a Minister of a State or Territory who has responsibilities relating to charitable trusts; or

  (iv)   a person who is named in the instrument establishing the trust as a person who may receive payments on behalf of the trust; or

  (v)   a person who is named in the instrument establishing the trust as a person who must, or may, be consulted by the trustee or trustees before distributing or applying money or other property for the purposes of the trust; or

  (vi)   a person of a class that the trust is intended to benefit;

  (c)   in the case of the estate of a deceased person:

  (i)   if the person died testate--a beneficiary under the person's will; or

  (ii)   if the person died intestate--a person who, under a law of a State or Territory, has, or is entitled to, an interest in the deceased's estate;

  (d)   in the case of any other trust:

  (i)   the settlor, or one of the settlors, of the trust; or

  (ii)   a person who, under the terms of the trust, has power to appoint or remove a trustee of the trust or to vary (or cause to be varied) any of the terms of the trust; or

  (iii)   a beneficiary of the trust;

  (e)   in relation to an application to a court relating to the estate--a person that the court considers, in the circumstances of the case, has a proper interest in the estate;

  (f)   a person prescribed by the regulations as having a proper interest in the estate;

  (g)   if a person covered by any of the above paragraphs is under a legal disability--an agent of the person.

  (2)   None of the paragraphs or subparagraphs of subsection   (1) limits, or is limited by, any of the other paragraphs or subparagraphs of that subsection.