Forfeiture Act 2024 (SA)

South Australia Forfeiture Act 2024 An 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.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Application of Act 5 Property subject to forfeiture rule Part 2—Application of forfeiture rule 6 Application of forfeiture rule by executor or administrator 7 Rule does not apply to person who was mentally incompetent or unfit to stand trial 8 Forfeiture application orders Part 3—Modification of forfeiture rule 9 Forfeiture modification orders Part 4—Other orders 10 Interim orders 11 Orders relating to other property and interests 12 Enforcement of forfeiture rule etc after distribution of benefits 13 Return of benefits where conviction quashed etc Part 5—Miscellaneous 14 Proceedings to be civil 15 Orders under Act 16 Time for bringing proceedings 17 Evidentiary 18 Regulations and fee notices Schedule 1—Related amendments and transitional provisions Part 1—Amendment of Administration and Probate Act 1919 1 Insertion of section 36A 36A Grant of probate or administration to other person 2 Insertion of section 118 118 Person disqualified from taking interest or share in deceased estate to be treated as having predeceased testator or intestate Part 2—Amendment of Criminal Assets Confiscation Act 2005 3 Amendment of section 7—Meaning of proceeds and instrument of an offence Part 3—Transitional provision 4 Application of Act Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Forfeiture Act 2024. 2—Commencement (1) This Act comes into operation on a day to be fixed by proclamation. (2) Section 27(6) of the Legislation Interpretation Act 2021 does not apply to Schedule 1 Part 1 of this Act. 3—Interpretation (1) In this Act, unless the contrary intention appears— benefit includes any property, interest or entitlement under the estate of a deceased person; Court means the Supreme Court; deceased person means a person who is unlawfully killed; forfeiture application order means an order under section 8; forfeiture modification order means an order under section 9; forfeiture 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; interested person, in relation to an application under this Act, 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 the application; offender 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; property means real or personal property (tangible or intangible) including a chose in action; unlawful killing means— (a) if committed in this State—any of the following offences against the Criminal Law Consolidation Act 1935: (i) murder; (ii) all forms of manslaughter; (iii) aiding, abetting or counselling the suicide of another, or an attempt by another to commit suicide; (iv) criminal neglect causing death; (v) causing 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; (vi) aiding, abetting, counselling or procuring an offence referred to in a preceding subparagraph (other than subparagraph (iii)); or (b) if committed in another jurisdiction—any homicide that would be an offence referred to in paragraph (a) if committed in this State. (2) To 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). Note— See section 6 of the Voluntary Assisted Dying Act 2021. 4—Application of Act This Act applies to— (a) property within or outside the State; and (b) an unlawful killing whether occurring within or outside the State. 5—Property subject to forfeiture rule The forfeiture rule applies to any benefit that an offender would otherwise obtain as a result of the unlawful killing.