Domicile Act 1982
No. 1, 1982
Compilation No. 4
Compilation date: 25 January 2019
Includes amendments up to: Act No. 130, 2018
Registered: 25 January 2019
About this compilation
This compilation
This is a compilation of the Domicile Act 1982 that shows the text of the law as amended and in force on 25 January 2019 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Object and application
4 Interpretation
5 Operation of Act
6 Abolition of rule of dependent domicile of married woman
7 Abolition of rule of revival of domicile of origin
8 Capacity to have independent domicile
9 Domicile of certain children
10 Intention for domicile of choice
11 Domicile in a union
12 Evidence of acquisition of domicile of choice
13 Regulations
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act relating to domicile
1 Short title
This Act may be cited as the Domicile Act 1982.
2 Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
3 Object and application
(1) The object of this Act is to abolish the rule of law whereby a married woman has at all times the domicile of her husband, and to make certain other reforms to the law relating to domicile, for the purposes of:
(a) the laws of the Commonwealth; and
(b) the laws of (including the common law in force in) each of the Territories to which this Act applies;
and this Act has effect, and shall be construed, accordingly.
Overview
The Domicile Act 1982 was enacted by the Australian Parliament to reform the law relating to domicile, primarily by abolishing the rule of law that a married woman has at all times the domicile of her husband. The Act applies to the Australian Capital Territory, Norfolk Island, the Jervis Bay Territory, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands, and any external Territory declared by regulations to be a Territory to which this Act extends. The policy objective of the Act is to modernise the law on domicile, ensuring it aligns with contemporary legal and social norms, while also providing clarity and consistency in the application of domicile laws across Australian jurisdictions. The Act was designed to operate in a manner that ensures the domicile of individuals is determined according to the principles set out in the Act, irrespective of the pre-existing legal frameworks of the various Australian territories and external territories.
Scope and Application
The Domicile Act 1982 is a Commonwealth statute that aims to reform the law relating to domicile, particularly by abolishing the rule of law whereby a married woman has at all times the domicile of her husband. The Act applies to the Australian Capital Territory, Norfolk Island, the Jervis Bay Territory, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands, and any external Territory declared by regulations to be a Territory to which this Act extends. The Act applies to the laws of the Commonwealth and the laws of the Territories to which it applies, to the exclusion of the laws of any State, any other Territory or any other country relating to any matters dealt with by this Act. The Act extends to external Territories where a law of the Commonwealth extends to that Territory. The Act applies to determine the domicile of a person at a time after its commencement as if the Act had always been in force, without affecting the jurisdiction of any court in any proceedings commenced before the Act's commencement. The Act also provides for the abolition of the rule of revival of domicile of origin, the capacity of a person to have an independent domicile, the domicile of certain children, the intention required to acquire a domicile of choice, the domicile of a person in a union, and the evidence of acquisition of a domicile of choice. The Governor-General may make regulations to prescribe all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Key Provisions
- The Domicile Act 1982 primarily aims to abolish the rule of law whereby a married woman is deemed to have the domicile of her husband at all times (Section 6). It also seeks to reform other aspects of the law relating to domicile. The Act applies to the Australian Capital Territory, Norfolk Island, the Jervis Bay Territory, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands, and any other external Territory declared by regulations to be a Territory to which this Act extends (Section 3(6)). The Act also aims to ensure its provisions are applied to the exclusion of any State, Territory, or country laws that conflict with its provisions (Section 3(2)–(4)).
- The Act imposes specific obligations on parties it governs. For example, it outlines the conditions under which a person can have an independent domicile (Section 8). It stipulates that a person is capable of having an independent domicile if they have attained the age of 18 years or are married, but not otherwise. This does not apply to a person who, under the rules of the common law relating to domicile, is incapable of acquiring a domicile by reason of mental incapacity. Furthermore, the Act establishes rules for the domicile of children, specifying how a child's domicile is determined based on their parents' domiciles and living arrangements (Section 9). It also defines the intention required for a person to acquire a domicile of choice in a country (Section 10) and outlines how a person's domicile is determined if they are domiciled in a union (Section 11).
- The Domicile Act 1982 does not explicitly detail offences, penalties, or consequences for breaches of its provisions. However, given its legislative nature, non-compliance could potentially result in legal disputes or challenges regarding the interpretation or application of domicile rules. The Act's provisions are intended to provide clarity and certainty in determining domicile, thus reducing potential legal conflicts. It is advisable for parties governed by the Act to seek legal advice to ensure compliance and to understand the implications of the domicile rules set out in the Act.
- Area of Law
- Conflict of Laws
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Abolition of rule of dependent domicile of married woman