Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 1987 - SECT 9A

  (1)   Property, or an interest in property, may be subject to the effective control of a person within the meaning of this Act 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)   Without limiting the generality of any other provision of this Act, in determining:

  (a)   whether or not property, or an interest in property, is subject to the effective control of a person; or

  (b)   whether or not there are reasonable grounds to believe that property, or an interest in property, is subject to the effective control of a person;

regard may be had to:

  (c)   shareholdings in, debentures over or directorships of a company that has an interest (whether direct or indirect) in the property;

  (d)   a trust that has a relationship to the property; and

  (e)   family, domestic and business relationships between persons having an interest in the property, or in companies of the kind referred to in paragraph   ( c) or trusts of the kind referred to in paragraph   ( d), and other persons.