{"id":"a-1991-68","name":"Forfeiture Act 1991","slug":"forfeiture-act-1991","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"68 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23604,"registerId":"act-a-1991-68-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Forfeiture Act 1991","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nForfeiture Act 1991\nA1991-68\nRepublication No 2\nEffective: 12 April 2007\nRepublication date: 12 April 2007\nLast amendment made by A2007-3\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Forfeiture Act 1991 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 April 2007. It also\nincludes any amendment, repeal or expiry affecting the republished law to 12 April 2007.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced or is affected by an uncommenced\namendment, the symbol U appears immediately before the provision heading. The text of the\nuncommenced provision or amendment appears only in the last endnote.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.\nPenalties\nThe value of a penalty unit for an offence against this republished law at the republication date\nis—\n(a) if the person charged is an individual—$100; or\n(b) if the person charged is a corporation—$500.\n\nR2\n12/04/07\nForfeiture Act 1991\nEffective: 12/04/07\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nForfeiture Act 1991\nContents\nPage\n1 Name of Act 2\n2 Dictionary 2\n2A Notes 2\n3 Power of Supreme Court to modify forfeiture rule 2\n4 Exclusion of murderers 3\n5 Application of orders 3\nDictionary 4\nEndnotes\n1 About the endnotes 5\n2 Abbreviation key 5\n3 Legislation history 6\n4 Amendment history 6\n\nContents\nPage\ncontents 2 Forfeiture Act 1991\nEffective: 12/04/07\nR2\n12/04/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications 7\n\nR2\n12/04/07\nForfeiture Act 1991\nEffective: 12/04/07\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nForfeiture Act 1991\nAn Act to provide for the relief of persons guilty of unlawful killing from the\nforfeiture of inheritance and other rights, and for related purposes\n\nSection 1\npage 2 Forfeiture Act 1991\nEffective: 12/04/07\nR2\n12/04/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act may be cited as the Forfeiture Act 1991.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n3 Power of Supreme Court to modify forfeiture rule\n(1) Where a person (the offender) has unlawfully killed another and is\nthereby precluded by the forfeiture rule from obtaining an interest in\nany property, application may be made to the Supreme Court for an\norder modifying the effect of the rule.\n(2) On an application under subsection (1), the Supreme Court may\nmake an order modifying the effect of the forfeiture rule if satisfied\nthat, having regard to the conduct of the offender and of the\ndeceased and to any other circumstances that appear to the court to\nbe material, the justice of the case requires the effect of the rule to\nbe modified.\n(3) An order under subsection (2) may be made in respect of any\ninterest in property that the offender would have acquired but for the\noperation of the forfeiture rule and may modify the effect of the rule\nin either or both of the following ways:\n\nSection 4\nR2\n12/04/07\nForfeiture Act 1991\nEffective: 12/04/07\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(a) in respect of any 1 interest in property affected by the rule—by\nexcluding the application of the rule in respect of all the\nproperty or any part of it;\n(b) where more than 1 interest in property is affected by the rule—\nby excluding the application of the rule in respect of all the\ninterests or any of them.\n(4) On the making of an order under subsection (2), the forfeiture rule\nshall have effect for all purposes (including purposes relating to\nanything done before the order was made) subject to modifications\nmade by the order.\n(5) The Supreme Court shall not make an order under subsection (2) in\nrelation to an offence in which unlawful killing is an element unless\napplication is made for the order within 3 months after the day on\nwhich the offender is convicted of the offence.\n4 Exclusion of murderers\nNothing in this Act or in any order made under section 3 (2) shall\naffect the application of the forfeiture rule in the case of a person\nwho stands convicted of murder.\n5 Application of orders\n(1) Subject to subsection (2), an order may be made under section 3 (2)\nin respect of a person who has unlawfully killed another whether the\nunlawful killing occurred before or after the commencement of this\nAct.\n(2) An order shall not be made under section 3 (2) modifying the effect\nof the forfeiture rule in respect of any interest in property that, in\nconsequence of the rule, has been acquired before the\ncommencement of this Act by a person other than the offender or a\nperson claiming through the offender.\n\nDictionary\npage 4 Forfeiture Act 1991\nEffective: 12/04/07\nR2\n12/04/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• registrar of firearms\n• State\n• the Territory.\nforfeiture rule means the rule of public policy that in certain\ncircumstances precludes a person who has unlawfully killed another\nperson from acquiring a benefit in consequence of the killing.\nperson who has unlawfully killed another includes a person who\nhas unlawfully aided, abetted, counselled or procured the death of\nanother person.\nproperty includes any thing in action or incorporeal moveable\nproperty.\nNote A thing in action is an intangible personal property right recognised\nand protected by the law. Examples include debts, money held at a\nbank, shares, rights under a trust, copyright, and the right to sue for\nbreach of contract.\nunlawful killing includes aiding, abetting, counselling or procuring\nan unlawful killing.\nwill includes a codicil.\n\nEndnotes\nAbout the endnotes 1\nR2\n12/04/07\nForfeiture Act 1991\nEffective: 12/04/07\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation history and\nthe amendment history. These details are underlined. Uncommenced provisions\nand amendments are not included in the republished law but are set out in the last\nendnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter par = paragraph/subparagraph\ndef = definition pres = present\ndict = dictionary prev = previous\ndisallowed = disallowed by the Legislative (prev...) = previously\nAssembly pt = part\ndiv = division r = rule/subrule\nexp = expires/expired renum = renumbered\nGaz = gazette reloc = relocated\nhdg = heading R[X] = Republication No\nIA = Interpretation Act 1967 RI = reissue\nins = inserted/added s = section/subsection\nLA = Legislation Act 2001 sch = schedule\nLR = legislation register sdiv = subdivision\nLRA = Legislation (Republication) Act 1996 sub = substituted\nmod = modified/modification SL = Subordinate Law\no = order underlining = whole or part not commenced\nom = omitted/repealed or to be expired\n\nEndnotes\n3 Legislation history\npage 6 Forfeiture Act 1991\nEffective: 12/04/07\nR2\n12/04/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory (Self-\nGovernment) Act 1988 (Cwlth), s 25).\nForfeiture Act 1991 A1991-68\nnotified 7 November 1991 (Gaz 1991 No S120)\ncommenced 7 November 1991\nas amended by\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.47\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.47 commenced 12 April 2007 (s 2 (1))\n4 Amendment history\nDictionary\ns 2 defs reloc to dict A2007-3 amdt 3.246\nsub A2007-3 amdt 3.247\nNotes\ns 2A ins A2007-3 amdt 3.247\nDictionary\ndict ins A2007-3 amdt 3.248\ndef forfeiture rule reloc from s 2 A2007-3 amdt 3.246\ndef person who has unlawfully killed another ins A2007-3\namdt 3.248\ndef property reloc from s 2 A2007-3 amdt 3.246\ndef unlawful killing ins A2007-3 amdt 3.248\ndef will reloc from s 2 A2007-3 amdt 3.246\n\nEndnotes\nEarlier republications 5\nR2\n12/04/07\nForfeiture Act 1991\nEffective: 12/04/07\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n28 Mar 2002\n28 Mar 2002–\n11 Apr 2007\nnot amended new Act\n© Australian Capital Territory 2007","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The republished Act (including amendments recorded in the endnotes) primarily relocates and inserts definitions and contains editorial amendments (see endnote 4). Those amendments do not, on their face, alter the Act's substantive operation: the Act continues to permit court modification of the common‑law forfeiture rule with the same key exclusions and procedural limits (ss 3–5)."},"complexity_factors":["Judicial discretion: the Court decides whether \"the justice of the case\" requires modification, requiring fact‑intensive balancing of offender and deceased conduct (s 3(2)).","Application mechanism: relief is available only by application to the Supreme Court (s 3(1)), creating procedural and evidentiary burdens on applicants.","Scope of modification: orders may exclude the rule for one or more specific interests, or parts of property, so remedies are granular (s 3(3)).","Temporal effects and retrospective operation: orders modify the rule \"for all purposes\" including acts before the order (s 3(4)), which raises questions about past transactions and title.","Time limit for certain offences: where unlawful killing is an element of an offence, the application must be made within 3 months of conviction (s 3(5)), creating a firm procedural deadline.","Absolute exclusion for murder convictions: no relief is available to persons convicted of murder (s 4), a categorical rule limiting judicial discretion.","Transitional limit on prior acquisitions: the Court cannot modify the rule as to interests already acquired by third parties before commencement (s 5(2)), affecting existing ownership rights.","Definitions broaden scope: statutory definitions (dictionary) treat aiding/abetting and similar conduct as \"unlawful killing\" and define \"property\" widely (dict), extending who and what may be affected."],"plain_english_summary":"This Act lets the ACT Supreme Court modify the common‑law forfeiture rule that normally prevents a person who has unlawfully killed another from acquiring property or inheritance because of that killing. A person affected can apply to the Court; the Court may change the rule where, having regard to the conduct of the parties and other circumstances, \"the justice of the case\" requires—except where the person is convicted of murder. It therefore changes who may receive estate or property benefits after an unlawful killing."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing a judicial discretion to modify the forfeiture rule for unlawful killers other than murderers. The 2007 amendments were purely technical — relocating definitions to a dictionary and adding explanatory notes — without expanding the substantive scope or creating new powers."},"complexity_factors":["Very short statute — only 5 operative sections plus a dictionary","Only 5 defined terms in the dictionary (forfeiture rule, person who has unlawfully killed another, property, unlawful killing, will)","Simple conditional structure — one main power in section 3 with straightforward subsections","Single clear exclusion (murderers in section 4) and one temporal limitation (section 5)","No cross-references to other Acts except standard interpretation legislation","No delegated legislation or regulatory mechanisms","Minimal amendment history — only one substantive amending Act in 16 years"],"plain_english_summary":"The Forfeiture Act 1991 lets the ACT Supreme Court, in certain cases, relax the common‑law rule that forbids someone who unlawfully killed a person from inheriting from them. Excluding murder convictions, a person (usually after conviction) can apply—within three months—for the court to allow them to receive some or all of what they would otherwise have lost. It mainly affects those convicted of manslaughter or other unlawful killings, their families, and estate executors because it can alter who ultimately benefits from an estate."}},"importantCases":[],"_links":{"self":"/api/acts/forfeiture-act-1991","history":"/api/acts/forfeiture-act-1991/history","analysis":"/api/acts/forfeiture-act-1991/analysis","conflicts":"/api/acts/forfeiture-act-1991/conflicts","importantCases":"/api/acts/forfeiture-act-1991/important-cases","documents":"/api/acts/forfeiture-act-1991/documents"}}