Domicile Act 1980 (TAS)

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Domicile Act 1980

An Act to abolish the dependent domicile of married women and otherwise to reform the law relating to domicile

[Royal Assent 2 September 1980]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Domicile Act 1980 . 2Commencement (1)  This section and section 1 shall commence on the date of assent to this Act. (2)  Except as provided in subsection (1) , this Act shall commence on such date as may be fixed by proclamation. 3InterpretationIn this Act, except in 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 this State; 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 a matter dealt with by this Act. 5Abolition of rule of dependent domicile of married womanThe 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 originThe rule of law whereby the domicile of origin revives on 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 – (a) he has attained the age of 18 years; or (b) he is, or has at any time been, married – and not otherwise. (2)  Subsection (1) does not apply to a person who, under the rules of law relating to domicile, is incapable of acquiring a domicile by reason of mental incapacity. 8Domicile of certain children (1)  [Section 8 Subsection (1) substituted by No. 31 of 2012, s. 6, Applied:01 May 2013] In this…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.