Forfeiture Act 1991

This Act may be cited as the Forfeiture Act 1991.

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)).

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.

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.

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.

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:

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;

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.

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.

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.

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.

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.

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.