Crimes Legislation Amendment (Economic Disruption) Act 2021 (3 of 2021)

Schedule 1   Money laundering

Part 1   General amendments

Division 1   Amendments

Criminal Code Act 1995

7   After section 400.2 of the Criminal Code

Insert:

400.2AA Effective control of money or property

(1) For the purposes of this Division, a person may have effective control of money or other property whether or not the person has:

(a) a legal or equitable estate or interest in the money or property; or

(b) a right, power or privilege in connection with the money or property.

(2) For the purposes of this Division, if money or other property is held on trust for the ultimate benefit of a person, the person is taken to have effective control of the money or property.

(3) For the purposes of this Division, in determining whether or not a person has effective control of money or other property, 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 money or property; and

(b) a trust that has a relationship to the money or property; and

(c) family, domestic and business relationships between:

(i) persons having an interest in the money or property, or in companies of the kind referred to in paragraph (a) or trusts of the kind referred to in paragraph (b); and

(ii) other persons.

(4) For the purposes of this section, family relationships are taken to include the following (without limitation):

(a) relationships between de facto partners;

(b) relationships of child and parent that arise if someone is the child of a person because of the definition of child in the Dictionary;

(c) relationships traced through relationships mentioned in paragraphs (a) and (b).

(5) To avoid doubt, for the purposes of this Division, more than one person may have effective control of money or other property.