Victorian Current Acts

DUTIES ACT 2000 - SECT 3D

    (1)     For the purposes of section 3B(1)(b), the Commissioner may determine that a person has a substantial interest in a trust estate if, in the Commissioner's opinion, the person has the capacity to determine or influence the outcome of decisions about the administration and conduct of the trust, taking into account—

        (a)     the practical influence the person can exert in addition to any rights the person can enforce; and

        (b)     any practice or behaviour affecting the trustee's administration and conduct of the trust (even if that practice or pattern of behaviour involves the breach of an agreement or a breach of trust).

    (2)     This section applies regardless of any interests that any other person has in the trust estate.

S. 3E inserted by No. 26/2015 s. 15.