Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies to property that is jointly owned if any of the owners die while the property (including any interest in the property) is subject to a restraining order.
Note A registered interstate restraining order is taken to be a restraining order under this Act (see s 139).
(2) If the property was held by the dead person as a joint tenant, the person's death does not vest the person's interest in the property in the surviving joint owner.
(3) If the property was held by the dead person as a tenant in common, the dead person's interest must not be transferred to anyone else because of the person's death.
Examples of prohibited transfers
The dead person's interest must not be transferred to an executor or administrator, or to a beneficiary under the dead person's will or under intestacy.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4) The restraining order continues to apply to the property as if the person had not died.
(5) An automatic forfeiture of any interest of the dead person in the property, or a forfeiture order made in relation to the interest, applies as if the interest were forfeited immediately before the person died.
Note 1 A registered interstate automatic forfeiture decision is taken to be an automatic forfeiture under this Act (see s 139).
Note 2 A registered interstate forfeiture order is taken to be a forfeiture order under this Act (see s 139).
(6) If the restraining
order stops applying to the property without it being forfeited under this
Act, this section is taken not to have applied to the property.