Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Forfeiture Act 1991
A1991-68
Republication No 2
Effective: 12 April 2007
Republication date: 12 April 2007
Last amendment made by A2007-3
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
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 www.legislation.act.gov.au):
• 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.
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Forfeiture Act 1991
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
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
Dictionary 4
Endnotes
1 About the endnotes 5
2 Abbreviation key 5
3 Legislation history 6
4 Amendment history 6
Contents
Page
contents 2 Forfeiture Act 1991
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5 Earlier republications 7
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page 1
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Australian Capital Territory
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
Section 1
page 2 Forfeiture Act 1991
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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 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A 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)).
2A Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
3 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:
Section 4
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(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.
4 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.
5 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
page 4 Forfeiture Act 1991
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For 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.
Note A 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
About the endnotes 1
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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
Endnotes
3 Legislation history
page 6 Forfeiture Act 1991
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3 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))
4 Amendment history
Dictionary
s 2 defs reloc to dict A2007-3 amdt 3.246
sub A2007-3 amdt 3.247
Notes
s 2A ins A2007-3 amdt 3.247
Dictionary
dict ins 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