Forfeiture Act 1995 (NSW)

Forfeiture Act 1995 No 65

An Act to provide relief for persons guilty of unlawful killing, and other persons, from forfeiture of benefits; to apply the forfeiture rule to certain persons who are found not guilty on the grounds of mental illness; and for related purposes.

Part 1 Preliminary

1 Name of Act This Act is the Forfeiture Act 1995.

2 Commencement This Act commences on a day to be appointed by proclamation.

3 Definitions In this Act— benefit includes any interest in property and any entitlement under Chapter 3 of the Succession Act 2006. deceased person means a person who is unlawfully killed. forfeiture application order means an order made under section 11. forfeiture modification order means an order made under section 5. forfeiture rule means the unwritten 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. interested person means any of the following persons— (a) an offender, (b) the executor or administrator of the estate of a deceased person, (c) a 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, (d) a person claiming through an offender, (e) any other person who has a special interest in the outcome of an application for a forfeiture modification order. offender means a person who has unlawfully killed another person. unlawful killing means— (a) any homicide committed in the State that is an offence, and (b) any homicide that would be an offence if committed within the State, and includes aiding, abetting, counselling or procuring such a homicide and unlawfully aiding, abetting, counselling or procuring a suicide.