New South Wales Consolidated Acts

FORFEITURE ACT 1995 - SECT 6

6 Forfeiture modification orders may be moulded to suit circumstances

(1) The Supreme Court may make a forfeiture modification order in such terms and subject to such conditions as the Court thinks fit.

(2) For example, the Court may modify the effect of the forfeiture rule in relation to property:

(a) in the case of more than one interest in the same property (for instance, a joint tenancy) affected by the rule-by excluding the operation of the rule in relation to any or all of the interests, and

(b) in the case of an offender who has an interest in real property (such as a family home) and personal property affected by the rule-by excluding the application of the rule in relation to all the property or some of the property.

(3) If the Court makes a forfeiture modification order, the forfeiture rule is to have effect for all purposes (including purposes relating to anything done before the order was made) subject to modifications made by the order.