Version No. 023
Domicile Act 1978
No. 9231 of 1978
Version incorporating amendments as at
4 May 2012
TABLE OF PROVISIONS
Section Page
1Short title
2Commencement
3Definitions
4Operation of Act
5Abolition of rule of dependent domicile of married woman
6Abolition of rule of revival of domicile of origin
7Capacity to have independent domicile
8Domicile of certain children
9Intention of domicile of choice
10Domicile in a union
11Evidence of acquisition of domicile of choice
12Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 023
Domicile Act 1978
No. 9231 of 1978
Version incorporating amendments as at
4 May 2012
An Act to abolish the Dependent Domicile of Married Women and otherwise to reform the Law relating to Domicile.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1Short title
This Act may be cited as the Domicile Act 1978.
2Commencement
This Act shall be deemed to have come into operation on 1 July 1982.
3Definitions
In this Act, except so far as the context or subject-matter otherwise indicates or requires—
Commonwealth of Australia means the territory comprising the States and the Australian Capital Territory, the Jervis Bay Territory and the Northern Territory of Australia;
country includes any state, province or other territory—
(a)that is one of two or more territories that together form a country; and
(b)domicile in which can be material for any purpose of the laws of Victoria;
union means any country that is a union or federation or other aggregation of two or more countries and includes the Commonwealth of Australia.
4Operation of Act
(1)The domicile of a person at a time before the commencement of this section shall be determined as if this Act had not been enacted.
(2)The domicile of a person at a time after the commencement of this section shall be determined as if this Act had always been in force.
(3)Nothing in this Act affects the jurisdiction of any court in any proceedings commenced before the commencement of this section.
(4)This Act has effect to the exclusion of the application of the laws of any other country relating to any matter dealt with by this Act.
5Abolition of rule of dependent domicile of married woman
The rule of law whereby a married woman has at all times the domicile of her husband is abolished.
6Abolition of rule of revival of domicile of origin
The rule of law whereby the domicile of origin revives upon the abandonment of a domicile of choice without the acquisition of a new domicile of choice is abolished and the domicile a person has at any time continues until he acquires a different domicile.
7Capacity to have independent domicile
(1)A person is capable of having an independent domicile if—