Minors (Property and Contracts) Act 1970 (NSW)

Minors (Property and Contracts) Act 1970 No 60

An Act relating to the contractual and testamentary capacity and proprietary rights and obligations of persons under the age of twenty-one years; for these and other purposes to amend the Conveyancing and Law of Property Act 1898 and the Wills, Probate and Administration Act 1898 and certain other Acts in certain respects; and for purposes connected therewith.

Part 1 Preliminary

1 Name of Act and commencement (1) This Act may be cited as the Minors (Property and Contracts) Act 1970. (2) Subject to subsection (3), this Act shall commence on a day to be appointed by the Governor and notified by proclamation published in the Gazette, being a day not earlier than six months after the day on which Her Majesty's assent to this Act was signified. (3) If on the anniversary of the day on which Her Majesty's assent to this Act is signified a day has not been appointed under subsection (2), this Act shall, notwithstanding that subsection, commence on that anniversary.

2 (Repealed)

3 Amendments and saving (1) (Repealed) (2) An amendment made by subsection (1) does not: (a) affect the previous operation of the Act amended, or anything duly suffered, done, or commenced to be done under the Act amended, (b) affect any right, privilege, obligation, or liability acquired, accrued, or incurred under the Act amended, or (c) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, or liability as aforesaid. (3) Any investigation, legal proceeding, or remedy mentioned in paragraph (c) of subsection (2) may be instituted, continued or enforced as if this Act had not been passed. (4) Notwithstanding the amendments made by subsection (1): (a) the law in force immediately before the commencement of this Act and relating to testamentary capacity and to the form of wills continues to apply to a will made before the commencement of this Act, (b) the law in force immediately before the commencement of this Act and relating to the revocation of wills continues to apply to a revocation before commencement of this Act. (5) The amendments made by subsection (1) to Part 4 of the Conveyancing and Law of Property Act 1898 apply to and in respect of proceedings in the Supreme Court under that Part commenced after the commencement of this Act and to and in respect of a lease made under section 68 of that Act after the commencement of this Act. (6) The amendments made by subsection (1) to Part 5 of the Conveyancing and Law of Property Act 1898 apply to and in respect of a surrender or renewal made after the commencement of this Act. (7) The amendments made by subsection (1) to the Usury, Bills of Lading, and Written Memoranda Act 1902 do not apply to a promise or ratification made before the commencement of this Act.