Domicile Act 1979 (NSW)

Domicile Act 1979 No 118

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

1 Name of Act This Act may be cited as the Domicile Act 1979.

2 Commencement (1) Section 1 and this section shall commence on the date of assent to this Act. (2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 Definitions In 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 New South Wales. union means any country that is a union or federation or other aggregation of two or more countries and includes the Commonwealth of Australia.

4 Operation 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.

5 Abolition 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.