Forfeiture Act 1991 (ACT)

Forfeiture Act 1991   

A1991-68

Republication No 2

Effective:  12 April 2007

Republication date: 12 April 2007

Last amendment made by A2007‑3

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Forfeiture Act 1991 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 April 2007.  It also includes any amendment, repeal or expiry affecting the republished law to 12 April 2007. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Forfeiture Act 1991

Contents

Page

1            Name of Act  2

2            Dictionary  2

2A          Notes  2

3            Power of Supreme Court to modify forfeiture rule  2

4            Exclusion of murderers  3

5            Application of orders  3

Dictionary4

Endnotes

1            About the endnotes  5

2            Abbreviation key  5

3            Legislation history  6

4            Amendment history  6

5            Earlier republications  7

Forfeiture Act 1991

An Act to provide for the relief of persons guilty of unlawful killing from the forfeiture of inheritance and other rights, and for related purposes

1. Name of Act

   This Act may be cited as the Forfeiture Act 1991.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

2ANotes

A note included in this Act is explanatory and is not part of this Act.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

1. Power of Supreme Court to modify forfeiture rule

   (1)Where a person (the offender) has unlawfully killed another and is thereby precluded by the forfeiture rule from obtaining an interest in any property, application may be made to the Supreme Court for an order modifying the effect of the rule.

   (2)On an application under subsection (1), the Supreme Court may make an order modifying the effect of the forfeiture rule if satisfied that, having regard to the conduct of the offender and of the deceased and to any other circumstances that appear to the court to be material, the justice of the case requires the effect of the rule to be modified.

   (3)An order under subsection (2) may be made in respect of any interest in property that the offender would have acquired but for the operation of the forfeiture rule and may modify the effect of the rule in either or both of the following ways:

   (a)in respect of any 1 interest in property affected by the rule—by excluding the application of the rule in respect of all the property or any part of it;

   (b)where more than 1 interest in property is affected by the rule—by excluding the application of the rule in respect of all the interests or any of them.

   (4)On the making of an order under subsection (2), the forfeiture rule shall have effect for all purposes (including purposes relating to anything done before the order was made) subject to modifications made by the order.

   (5)The Supreme Court shall not make an order under subsection (2) in relation to an offence in which unlawful killing is an element unless application is made for the order within 3 months after the day on which the offender is convicted of the offence.

2. Exclusion of murderers

   Nothing in this Act or in any order made under section 3 (2) shall affect the application of the forfeiture rule in the case of a person who stands convicted of murder.

3. Application of orders

   (1)Subject to subsection (2), an order may be made under section 3 (2) in respect of a person who has unlawfully killed another whether the unlawful killing occurred before or after the commencement of this Act.

   (2)An order shall not be made under section 3 (2) modifying the effect of the forfeiture rule in respect of any interest in property that, in consequence of the rule, has been acquired before the commencement of this Act by a person other than the offender or a person claiming through the offender.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:

·     registrar of firearms

·     State

·     the Territory.

forfeiture rule means the rule of public policy that in certain circumstances precludes a person who has unlawfully killed another person from acquiring a benefit in consequence of the killing.

person who has unlawfully killed another includes a person who has unlawfully aided, abetted, counselled or procured the death of another person.

property includes any thing in action or incorporeal moveable property.

NoteA thing in action is an intangible personal property right recognised and protected by the law.  Examples include debts, money held at a bank, shares, rights under a trust, copyright, and the right to sue for breach of contract.

unlawful killing includes aiding, abetting, counselling or procuring an unlawful killing.

will includes a codicil.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 25).

   Forfeiture Act 1991 A1991‑68

   notified 7 November 1991 (Gaz 1991 No S120)
   commenced 7 November 1991

   as amended by

   Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.47

   notified LR 22 March 2007
   s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
   sch 3 pt 3.47 commenced 12 April 2007 (s 2 (1))

2. Amendment history

   Dictionary

   s 2defs reloc to dict A2007‑3 amdt 3.246

   sub A2007‑3 amdt 3.247

   Notes

   s 2Ains A2007‑3 amdt 3.247

   Dictionary

   dictins A2007‑3 amdt 3.248

   def forfeiture rule reloc from s 2 A2007‑3 amdt 3.246

   def person who has unlawfully killed another ins A2007‑3 amdt 3.248

   def property reloc from s 2 A2007‑3 amdt 3.246

   def unlawful killing ins A2007‑3 amdt 3.248

   def will reloc from s 2 A2007‑3 amdt 3.246

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 28 Mar 2002	28 Mar 2002– 11 Apr 2007	not amended	new Act

©  Australian Capital Territory 2007