{"id":"forfeiture-act-2024","name":"Forfeiture Act 2024","slug":"forfeiture-act-2024","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":34302,"registerId":"sa-forfeiture-act-2024-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Forfeiture Act 2024","content":"South Australia\nForfeiture Act 2024\nAn Act to make various provisions in relation to the common law forfeiture rule, to make related amendments to the Administration and Probate Act 1919 and the Criminal Assets Confiscation Act 2005 and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tApplication of Act\n5\tProperty subject to forfeiture rule\nPart 2—Application of forfeiture rule\n6\tApplication of forfeiture rule by executor or administrator\n7\tRule does not apply to person who was mentally incompetent or unfit to stand trial\n8\tForfeiture application orders\nPart 3—Modification of forfeiture rule\n9\tForfeiture modification orders\nPart 4—Other orders\n10\tInterim orders\n11\tOrders relating to other property and interests\n12\tEnforcement of forfeiture rule etc after distribution of benefits\n13\tReturn of benefits where conviction quashed etc\nPart 5—Miscellaneous\n14\tProceedings to be civil\n15\tOrders under Act\n16\tTime for bringing proceedings\n17\tEvidentiary\n18\tRegulations and fee notices\nSchedule 1—Related amendments and transitional provisions\nPart 1—Amendment of Administration and Probate Act 1919\n1\tInsertion of section 36A\n36A\tGrant of probate or administration to other person\n2\tInsertion of section 118\n118\tPerson disqualified from taking interest or share in deceased estate to be treated as having predeceased testator or intestate\nPart 2—Amendment of Criminal Assets Confiscation Act 2005\n3\tAmendment of section 7—Meaning of proceeds and instrument of an offence\nPart 3—Transitional provision\n4\tApplication of Act\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Forfeiture Act 2024.\n2—Commencement\n\t(1)\tThis Act comes into operation on a day to be fixed by proclamation.\n\t(2)\tSection 27(6) of the Legislation Interpretation Act 2021 does not apply to Schedule 1 Part 1 of this Act.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nbenefit includes any property, interest or entitlement under the estate of a deceased person;\nCourt means the Supreme Court;\ndeceased person means a person who is unlawfully killed;\nforfeiture application order means an order under section 8;\nforfeiture modification order means an order under section 9;\nforfeiture rule means the common law rule that in certain circumstances precludes a person who has unlawfully killed another person from acquiring a benefit in consequence of the killing;\ninterested person, in relation to an application under this Act, means any of the following persons:\n\t(a)\tan offender;\n\t(b)\tthe executor or administrator of the estate of a deceased person;\n\t(c)\ta beneficiary under the will of a deceased person or a person who is entitled to any estate or interest on the intestacy of a deceased person;\n\t(d)\ta person claiming through an offender;\n\t(e)\tany other person who has a special interest in the outcome of the application;\noffender means a person who has unlawfully killed another person and includes an alleged offender (within the meaning of section 8) who is subject to a forfeiture application order;\nproperty means real or personal property (tangible or intangible) including a chose in action;\nunlawful killing means—\n\t(a)\tif committed in this State—any of the following offences against the Criminal Law Consolidation Act 1935:\n\t(i)\tmurder;\n\t(ii)\tall forms of manslaughter;\n\t(iii)\taiding, abetting or counselling the suicide of another, or an attempt by another to commit suicide;\n\t(iv)\tcriminal neglect causing death;\n\t(v)\tcausing death by driving a vehicle or operating a vessel in a culpably negligent manner, recklessly, or at a speed or in a manner dangerous to any person;\n\t(vi)\taiding, abetting, counselling or procuring an offence referred to in a preceding subparagraph (other than subparagraph (iii)); or\n\t(b)\tif committed in another jurisdiction—any homicide that would be an offence referred to in paragraph (a) if committed in this State.\n\t(2)\tTo avoid doubt, the death of a person by the administration of a voluntary assisted dying substance in accordance with the Voluntary Assisted Dying Act 2021 does not constitute suicide for the purposes of paragraph (a)(iii) of the definition of unlawful killing in subsection (1).\nNote—\nSee section 6 of the Voluntary Assisted Dying Act 2021.\n4—Application of Act\nThis Act applies to—\n\t(a)\tproperty within or outside the State; and\n\t(b)\tan unlawful killing whether occurring within or outside the State.\n5—Property subject to forfeiture rule\nThe forfeiture rule applies to any benefit that an offender would otherwise obtain as a result of the unlawful killing.\nPart 2—Application of forfeiture rule\n6—Application of forfeiture rule by executor or administrator\n\t(1)\tIf the executor or administrator knows (or ought reasonably to know) that the forfeiture rule applies in relation to the distribution of an estate, the estate must be distributed in accordance with the rule and any agreement to modify or disapply the rule is of no effect (unless the agreement is made pursuant to a forfeiture modification order).\n\t(2)\tThe executor or administrator of the estate of a deceased person may—\n\t(a)\tapply to the Court for an order specifying whether, or how, the forfeiture rule applies to the distribution of the estate; or\n\t(b)\tapply the forfeiture rule when distributing the estate to beneficiaries without obtaining any order of the Court if—\n\t(i)\tan offender has been found guilty, in criminal proceedings, of the unlawful killing; or\n\t(ii)\ta court has, in civil proceedings, found that the offender committed the unlawful killing.\n\t(3)\tAn executor or administrator does not incur any civil or criminal liability for distributing an estate in accordance with this section.\n7—Rule does not apply to person who was mentally incompetent or unfit to stand trial\n\t(1)\tThe forfeiture rule does not apply to a person who is alleged to have unlawfully killed another person if the person is found under Part 8A Division 2 of the Criminal Law Consolidation Act 1935 (or a corresponding law of another jurisdiction) to have been mentally incompetent to commit the offence.\n\t(2)\tSubject to an order under section 8, the forfeiture rule does not apply to a person who is alleged to have unlawfully killed another person if the person is found under Part 8A Division 3 of the Criminal Law Consolidation Act 1935 (or a corresponding law of another jurisdiction) to be mentally unfit to stand trial on a charge of the unlawful killing.\n8—Forfeiture application orders\n\t(1)\tAny interested person may apply to the Court for an order that the forfeiture rule apply to a person who has been found by a court to be mentally unfit to stand trial on a charge of an unlawful killing (the alleged offender) as if the person had been found guilty of the charge.\n\t(2)\tIf an application is made under this section in relation to an alleged offender whose trial has been adjourned under section 269K(2) of the Criminal Law Consolidation Act 1935 (or under a corresponding law of another jurisdiction), the Court may adjourn the application under this section and make such orders as the Court thinks fit (under section 10 or otherwise) in respect of any benefit to which the application relates.\n\t(3)\tOn an application under this section, the Court may make an order applying the forfeiture rule as if the alleged offender had been found guilty of the unlawful killing if the Court is satisfied that—\n\t(a)\tthe objective elements of the offence have been established (either beyond reasonable doubt or on the balance of probabilities); and\n\t(b)\tit is in the interests of justice for the forfeiture rule to be so applied.\n\t(4)\tIn determining whether it is in the interests of justice for the forfeiture rule to be applied, the Court must have regard to—\n\t(a)\tthe circumstances of the alleged offence; and\n\t(b)\tthe effect of the application of the rule on the alleged offender or any other person; and\n\t(c)\tsuch other matters as appear to the Court to be material.\n\t(5)\tIf a forfeiture application order is made in relation to an alleged offender—\n\t(a)\tthe forfeiture rule is to apply in respect of the alleged offender for all purposes (including purposes relating to anything done before the order was made) as if the person had been found guilty of the unlawful killing; and\n\t(b)\tno application may be made under Part 3 for an order modifying the effect of the rule.\nPart 3—Modification of forfeiture rule\n9—Forfeiture modification orders\n\t(1)\tIf an offender has unlawfully killed another person and is thereby precluded by the forfeiture rule from obtaining a benefit, the offender or any other interested person may make an application to the Court for an order modifying the effect of the rule.\n\t(2)\tIf the offender has been charged with the unlawful killing, an application may not be made for an order under this section until the criminal proceedings against the offender have been finalised.\n\t(3)\tOrders made under this section—\n\t(a)\tmay specify that the offender or any other interested person is entitled to any benefit to which the forfeiture rule applies; and\n\t(b)\tif the application of the forfeiture rule to the offender had any other consequences under an Act or law—may deal with any other matters that the Court thinks fit to address those consequences.\n\t(4)\tOn any such application, the Court may make an order modifying the effect of the forfeiture rule (including, to avoid doubt, by disapplying the rule entirely) if it is satisfied that exceptional circumstances exist such that it is in the interests of justice for the effect of the rule to be modified.\n\t(5)\tIn determining whether exceptional circumstances exist such that it is in the interests of justice for the effect of the rule to be modified, the Court must have regard to—\n\t(a)\tthe circumstances of the offence; and\n\t(b)\tthe effect of the application of the rule on the offender or any other person; and\n\t(c)\tsuch other matters as appear to the Court to be material.\nPart 4—Other orders\n10—Interim orders\n\t(1)\tIf the Court is satisfied that there are reasonable grounds to suspect that an unlawful killing has occurred, the Court may, on the application of an interested person, make any interim orders that the Court thinks fit in order to preserve property or the value of any benefit that might be subject to the forfeiture rule or to protect the interests of any interested person.\n\t(2)\tThe Court may, on the subsequent application of an interested person, vary or revoke an order made under this section.\n11—Orders relating to other property and interests\n\t(1)\tIf the Court is satisfied that an offender will or may be entitled to obtain any property or interest as a result of the unlawful killing (not being a benefit that is subject to the forfeiture rule), the Court may, on the application of an interested person, make any orders that the Court thinks fit in order to prevent the offender from obtaining the property or interest including, without limitation, any of the following kinds of orders:\n\t(a)\tan order conferring property or an interest on any other person who would have been entitled to it if the offender had died before the deceased person;\n\t(b)\tan order that property or an interest held by persons as joint tenants be treated as if it were held by persons as tenants in common;\n\t(c)\tan order preventing the offender from holding property as a trustee;\n\t(d)\tan order preventing a trustee from distributing trust property to the offender.\n\t(2)\tThe Court may, on the subsequent application of an interested person, vary or revoke an order made under this section.\n12—Enforcement of forfeiture rule etc after distribution of benefits\n\t(1)\tIf a person has received a benefit as a result of an unlawful killing (otherwise than pursuant to a forfeiture modification order), an interested person may make an application to the Court for an order requiring the person to deliver up the benefit, or to pay an amount determined by the Court to be equivalent to the value of the benefit, to any person who would have been entitled to the benefit if the offender had died before the deceased person.\n\t(2)\tIn this section—\nbenefit includes any property or interest.\n13—Return of benefits where conviction quashed etc\n\t(1)\tIf—\n\t(a)\tan offender has been prevented from receiving a benefit as a result of the application of the forfeiture rule or an order under this Part; and\n\t(b)\tthe offender is found not guilty of the unlawful killing by a court or a conviction for the unlawful killing is subsequently quashed on appeal,\nan interested person may make an application to the Court for an order requiring a person to deliver up any such benefit, or to pay an amount determined by the Court to be equivalent to the value of the benefit, to any person who would have been entitled to the benefit had the offender not been so prevented.\n\t(2)\tThe Court may make an order under this section if satisfied that—\n\t(a)\tall civil and criminal proceedings relating to the unlawful killing are finalised and no new trial or appeal involving the offender is likely to be instituted; and\n\t(b)\tit is in the interests of justice for the order to be made.\n\t(3)\tIn this section—\nbenefit includes any property or interest.\nPart 5—Miscellaneous\n14—Proceedings to be civil\n\t(1)\tProceedings on an application under this Act are civil proceedings.\n\t(2)\tIn proceedings under this Act—\n\t(a)\tthe rules of construction applicable only in relation to the criminal law do not apply in the interpretation of this Act; and\n\t(b)\tthe rules of evidence applicable in civil proceedings apply to proceedings under this Act.\n15—Orders under Act\nAn order of the Court under this Act may be in such terms and subject to such conditions as the Court thinks fit.\n16—Time for bringing proceedings\nAn application for an order under this Act may be made—\n\t(a)\twithin 6 months after the date of death of the deceased person; or\n\t(b)\twithin 6 months after the finalisation of criminal proceedings relating to an unlawful killing; or\n\t(c)\twithin 3 months after the Court has made any order specifying whether, or how, the forfeiture rule applies to the distribution of an estate; or\n\t(d)\tat any other time with the permission of the Court.\n17—Evidentiary\nIn proceedings under this Act—\n\t(a)\ta certificate referred to in section 42 of the Evidence Act 1929 issued in relation to an offence that constitutes an unlawful killing is conclusive proof that the person named in the certificate committed that unlawful killing; and\n\t(b)\ta certificate purporting to be under the hand of the Registrar of the Supreme Court or the District Court or the associate or other officer having the custody of the records of the relevant court, or of the deputy of such associate or other officer, certifying that, on a specified day, the court has found that—\n\t(i)\ta person named in the certificate was, at the time of an offence specified in the certificate, mentally incompetent to commit the offence; or\n\t(ii)\ta person named in the certificate was mentally unfit to stand trial on a charge of an offence specified in the certificate; or\n\t(iii)\tthe objective elements of an offence specified in the certificate were established beyond a reasonable doubt,\nis conclusive proof of the matters specified in the certificate.\n18—Regulations and fee notices\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.\n\t(2)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other specified person or body.\n\t(3)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n\t(4)\tA fee notice may provide for the waiver, reduction or remission of fees.\nSchedule 1—Related amendments and transitional provisions\nPart 1—Amendment of Administration and Probate Act 1919\nEditorial note—\nPart 1 will not be brought into operation as the Administration and Probate Act 1919 was repealed by the Succession Act 2023 on 1 January 2025.\n1—Insertion of section 36A\nAfter section 36 insert:\n36A—Grant of probate or administration to other person\nIf the Court considers that there are reasonable grounds for believing that a person otherwise entitled to a grant of probate of the will of a deceased person or administration of the estate of a deceased person has committed an offence relating to the deceased person's death, the Court may instead of granting probate or administration to that person, grant probate or administration to—\n\t(a)\twithout limiting paragraph (b), if there is more than 1 person entitled to the grant—any or all of the other persons entitled; or\n\t(b)\tany person the Court considers appropriate.\n2—Insertion of section 118\nBefore section 119 insert:\n118—Person disqualified from taking interest or share in deceased estate to be treated as having predeceased testator or intestate\n\t(1)\tIf a person is for any reason disqualified from—\n\t(a)\ttaking their interest under a will as a beneficiary; or\n\t(b)\ttaking their share in the distribution of an intestate estate,\nthe person will be treated as having predeceased the testator or intestate (as the case may be).\n\t(2)\tSubsection (1)(a) does not apply if a contrary intention appears in the will.\nPart 2—Amendment of Criminal Assets Confiscation Act 2005\n3—Amendment of section 7—Meaning of proceeds and instrument of an offence\nSection 7(2)—after paragraph (b) insert:\n\t(ba)\tit vests in a person from the distribution of the estate of a deceased person in accordance with the forfeiture rule or a forfeiture modification order under the Forfeiture Act 2024 or otherwise vests in a person pursuant to an order of the Supreme Court under that Act; or\nPart 3—Transitional provision\n4—Application of Act\nThis Act only applies in relation to an unlawful killing occurring after the commencement of this Act.\nLegislative history\nNotes\n\t•\tIn this version provisions that are uncommenced appear in italics.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2024\n31\nForfeiture Act 2024 \n19.9.2024\n15.1.2025 (Gazette 21.11.2024 p4214) except Sch 1 (Pt 1)—uncommenced (will not be brought into operation)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with the common‑law forfeiture rule, the Act expands and clarifies scope by statutorily defining ‘unlawful killing’, making proceedings civil, providing executors with express duties and safe‑harbours (s6), extending application to property inside and outside the State (s4), and granting the Court explicit power to modify or disapply the rule and to order preservation, transfer or restitution of property (ss9–13). It also limits application to killings after commencement (Sch1 Pt3) and creates conclusive evidentiary paths (s17)."},"complexity_factors":["Cross-over between criminal findings and civil proceedings (criminal verdicts, mental‑fitness findings, and civil standard proofs) increases legal complexity (ss6,7,8,14).","Variable standards of proof: objective elements may be treated as established either beyond reasonable doubt or on balance of probabilities (s8(3)(a)).","Broad judicial discretion to apply, modify or disapply the rule and to craft varied orders (s9, s10, s11, s15).","Multiple remedial mechanisms: interim preservation orders, orders affecting joint tenancies/trusts, enforcement and restitution after distribution (ss10–13).","Executor duties and safe‑harbour for distributions interact with probate law and may impose compliance burdens on administrators (s6; Schedule 1 amendments).","Conclusive evidentiary certificates streamline proof but shift risk of finality for parties relying on court records (s17).","Temporal and territorial reach: applies to killings inside or outside State but only to killings after commencement (s4; Sch1 Pt3), creating transitional and retrospective considerations."],"plain_english_summary":"Mechanically, this Act codifies the common-law forfeiture rule: it lets executors refuse or seek court directions and gives the Supreme Court explicit power to apply or modify the rule, make interim and ancillary property orders, and to enforce or return benefits (ss5–13,14–17). It affects offenders (who may lose inheritances), executors/administrators (who must act or seek orders (s6)), beneficiaries and other interested persons (who can apply for relief (s8–s12)). The Court decides outcomes and bears discretion; parties face evidentiary rules and time limits (ss16–17)."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope — no legislative content was provided. The submission contained only a 'Page Not Found' error from the SA legislation website, likely caused by a broken or outdated hyperlink following a site update on 24 March 2026."},"complexity_factors":["No legislative text was retrievable — only a website error page was provided","Cannot assess complexity without access to the actual Act","Score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"The Forfeiture Act 2024 (SA) could not be retrieved from the provided link, so its text and specific effects aren’t available for review. Because of this, no definitive analysis can be given here.\n\nGenerally, forfeiture laws address loss of rights or assets (for example, barring a person who unlawfully kills someone from inheriting). To locate the Act, search legislation.sa.gov.au or contact the Office of Parliamentary Counsel (OPCWeb@sa.gov.au)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: codifying and providing procedural mechanisms for the common law forfeiture rule. While it includes related amendments to other Acts (Administration and Probate Act 1919 and Criminal Assets Confiscation Act 2005), these are directly connected to the core forfeiture rule mechanism. The scope has not expanded beyond managing benefits derived from unlawful killings."},"complexity_factors":["Multiple overlapping procedures: forfeiture application orders (s.8), forfeiture modification orders (s.9), interim orders (s.10), and clawback orders (ss.12-13) create a layered procedural framework","Conditional application triggers: the rule applies differently depending on whether there was a criminal conviction, civil finding, mental incompetence finding, or mental unfitness finding","Cross-references to external statutes: references to Criminal Law Consolidation Act 1935 (ss.7, 8, 17), Voluntary Assisted Dying Act 2021 (s.3(2)), Evidence Act 1929 (s.17), and Criminal Assets Confiscation Act 2005 (Sch 1)","Nested exceptions: s.7 provides exceptions for mental incompetence/unfitness, but s.8 creates a procedure to override the unfitness exception, and s.9 allows modification of the rule itself","Retrospective and prospective operation: s.8(5)(a) states orders apply retrospectively ('including purposes relating to anything done before the order was made'), while Sch 1 Pt 3 limits the Act to killings after commencement","Defined terms with inclusive definitions: 9 defined terms in s.3, with 'benefit' and 'property' having broad inclusive definitions that capture intangible interests","Discretionary judicial powers: multiple sections use 'as the Court thinks fit' or 'interests of justice' standards requiring case-by-case balancing (ss.8(4), 9(4)-(5), 10(1), 11(1), 15)","Uncommenced provisions: Schedule 1 Part 1 contains amendments that will never come into operation, creating potential confusion for readers"],"plain_english_summary":"**What this law does:**\n\nThis Act deals with the **\"forfeiture rule\"** — an old legal principle that says if you unlawfully kill someone, you can't inherit from them or otherwise benefit from their death. For example, if a person murders their spouse, they can't inherit the spouse's house or money under the will.\n\n**Key things the Act covers:**\n\n- **Who it affects:** Anyone who unlawfully kills another person (murder, manslaughter, causing death by dangerous driving, etc.) and stands to inherit or otherwise gain from that death. It also affects executors (the people managing the deceased's estate), beneficiaries (people named in the will), and family members.\n\n- **What executors must do:** If an executor knows the forfeiture rule applies, they must apply it when distributing the estate — even without a court order if the killer has already been found guilty in criminal court or found liable in civil court.\n\n- **Mental health exceptions:** The rule doesn't apply if the killer was found **mentally incompetent** (unable to understand their actions) or **mentally unfit to stand trial**. However, a court can still apply the rule to someone unfit to stand trial if it's \"in the interests of justice.\"\n\n- **Court can modify the rule:** In **exceptional circumstances**, the Supreme Court can modify or cancel the forfeiture rule. For example, if the killing was a mercy killing or involved domestic violence where the victim had been abusive, the court might allow some inheritance.\n\n- **Protecting assets:** The court can make **interim orders** to freeze assets while legal proceedings are ongoing, and can claw back benefits already paid out if they were wrongly distributed.\n\n- **If conviction is overturned:** If someone was denied inheritance because of the forfeiture rule but later has their conviction quashed (overturned), they can apply to get the money or property back.\n\n- **Time limits:** Applications generally must be made within 6 months of the death or finalisation of criminal proceedings, though the court can grant extensions.\n\n**Why it matters:**\n\nBefore this Act, the forfeiture rule was just a common law principle (judge-made law) with no clear procedure. This Act creates a proper legal framework so families and executors know exactly how to handle these difficult situations, with flexibility for exceptional cases where applying the rule would be unjust.\n\n**Note on amendments:** The Act was supposed to amend the *Administration and Probate Act 1919*, but that Act was repealed before these amendments could take effect, so those parts won't come into operation."}},"importantCases":[],"_links":{"self":"/api/acts/forfeiture-act-2024","history":"/api/acts/forfeiture-act-2024/history","analysis":"/api/acts/forfeiture-act-2024/analysis","conflicts":"/api/acts/forfeiture-act-2024/conflicts","importantCases":"/api/acts/forfeiture-act-2024/important-cases","documents":"/api/acts/forfeiture-act-2024/documents"}}