Age of Majority Act 1974

This Act is the Age of Majority Act 1974.

Subject to this Act, a person attains full age for all purposes of the law of the Territory when the person attains the age of 18 years.

A person who has attained the age of 18 years is not subject to any want of legal capacity only because of the person’s age.

If, on 1 November 1974, a person had attained the age of 18 years but had not attained the age of 21 years, the provisions of this Act apply to, and in relation to, the person as if the person had attained the age of 18 years on 1 November 1974.

This section applies to—

a law in force in the ACT on, or at any time after, 1 November 1974; and

an instrument (including a will or codicil) executed on or after that date.

Subject to section 7 (2), the expressions majority, full age, sui juris, minor, minority, infant, infancy, nonage, and any similar expressions, when used in a law or instrument to which this section applies, are to be interpreted in accordance with section 5.

Nothing in this Act affects a reference in a law or instrument to an age expressed in years.

Nothing in this Act—

affects the validity or operation of a settlement or disposition of property made before 1 November 1974; or

affects the operation of any rule of law by which the validity or operation of such a settlement or disposition is to be determined.

Nothing in this Act affects the construction of a will or codicil made before 1 November 1974.

Unless the contrary intention appears, a codicil made on or after 1 November 1974, being a codicil to a will made before that date, is to be interpreted as if this Act had not been made.

If a person died intestate before 1 November 1974, the administrator of the estate of the intestate is not, only because of this Act, obliged to distribute any part of the estate to a person before that person attains the age of 21 years.

An order or direction in force immediately before 1 November 1974 in relation to money recovered by a minor in proceedings in a court or payable to a minor as a result of proceedings in a court has effect, on and after that date, as if a reference to the attainment by a minor of the age of 21 years (however expressed) were a reference to the attainment of the age of 18 years.

Nothing in this Act affects a want of legal capacity arising otherwise than because of the age of a person.

Nothing in this Act affects the construction or operation of an industrial award or agreement.

Nothing in this Act affects the rights or obligations arising from a contract of employment made before 1 November 1974.