{"id":"tas:act-1973-021","name":"Age of Majority Act 1973","slug":"age-of-majority-act-1973","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"21 of 1973","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110224,"registerId":"tas-act-1973-021-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title and commencement","content":"### 1 Short title and commencement\n\n> > (1)  This Act may be cited as the [Age of Majority Act 1973](/view/html/inforce/2026-04-12/act-1973-021) .\n> \n> > (2)  This Act shall commence on a day to be fixed by proclamation.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> *\\[Section 2 Amended by S.R. 1977 No. 200, s. 3 and Sched. II \\]*In this Act, unless the contrary intention appears –\n> \n> > ***appointed day*** means the day fixed pursuant to [section 1](#GS1@EN) [(2)](#GS1@Gs2@EN) ;\n> \n> > ***enactment*** means –\n> > \n> > > > (a) an Act or a provision of an Act; and\n> > > \n> > > > (b) an Imperial Act that applies in the State or a provision of such an Imperial Act –\n> > \n> > and includes a regulation, rule, by-law, order, proclamation, or other document made or issued in the exercise of a power conferred by an Act, or by an Imperial Act, or by such a provision;\n> \n> > ***instrument*** means a document of whatever nature (not being an enactment, or a law of the Commonwealth, or a document made or having effect under such a law);\n> \n> > ***laws of the State*** means the laws in force in the State for the time being, whether written or unwritten, and documents made or having effect under those laws, but does not include a law of the Commonwealth or a document made or having effect under such a law.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Age of majority","content":"### 3 Age of majority\n\n> > (1)  Subject to this section and to [section 6](#GS6@EN) , for all the purposes of the laws of the State –\n> > \n> > > > (a) a person who, on or after the appointed day, attains the age of 18 years shall be deemed to attain full age and full capacity on attaining that age; and\n> > > \n> > > > (b) a person who, on the appointed day, is of or over the age of 18 years but under the age of 21 years shall be deemed to have attained full age and full capacity on that day.\n> \n> > (2)  *\\[Section 3 Subsection (2) amended by S.R. 1977 No. 200, s. 3 and Sched. I \\]* [Subsection (1)](#GS3@Gs1@EN) applies and has effect, in the absence of a definition or of an indication of a contrary intention, for the purposes of the construction of the expressions \"majority\", \"full age\", \"adult\", \"full capacity\", \"*sui juris*\", and similar expressions, and the expressions \"infant\", \"infancy\", \"minor\", \"minority\", and similar expressions in –\n> > \n> > > > (a) an enactment, whether passed or made before, on, or after the appointed day; and\n> > > \n> > > > (b) an instrument executed or made on or after that day.\n> \n> > (3)  This section does not affect a reference in an enactment or instrument to an age expressed in years.\n> \n> > (4)  This section does not affect any deficiency of juristic competence or capacity that is attributable to insanity, or mental infirmity, or any other factor distinct from age.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Time at which a person attains a particular age","content":"### 4 Time at which a person attains a particular age\n\n> > (1)  For all the purposes of the laws of the State, the time at which a person attains a particular age expressed in years is the commencement of the relevant anniversary of the date of his birth.\n> \n> > (2)  This section –\n> > \n> > > > (a) has effect only where the relevant anniversary falls on the appointed day or on a subsequent day; and\n> > > \n> > > > (b) has effect, in relation to an enactment or instrument, subject to any provision contained in the enactment or instrument.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Amendments of certain Acts","content":"### 5 Amendments of certain Acts\n\n> The amendments effected by this section have been incorporated into the authorised version of the following Acts:\n> \n> > > (a) [Limitation of Actions Act 1836](/view/html/inforce/2026-04-12/act-9999-999) ;\n> > \n> > > (b) [Mercantile Law Act 1935](/view/html/inforce/2026-04-12/act-1935-092) .","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Savings","content":"### 6 Savings\n\n> > (1)  Notwithstanding anything in [section 3](#GS3@EN) or any amendment made by [section 5](#GS5@EN) –\n> > \n> > > > (a) the law in force immediately before the appointed day relating to testamentary capacity and to the form of wills continues to apply to a will made before the appointed day;\n> > > \n> > > > (b) the law in force immediately before the appointed day and relating to the revocation of wills continues to apply to a revocation made before that day; and\n> > > \n> > > > (c) a will or other testamentary disposition of a testator who died before the appointed day shall be construed as if this Act had not commenced.\n> \n> > (2)  Notwithstanding any rule of law, a will or codicil executed before the appointed day shall not be treated for the purposes of [section 3](#GS3@EN) as made on or after that day by reason only that the will or codicil is confirmed by a codicil executed on or after that day.\n> \n> > (3)  Where a trustee is empowered or directed by the provisions of a will or other testamentary disposition executed or made before the appointed day by a testator who dies on or after that day to pay or apply income, or capital money, or any other capital asset for the maintenance, education, advancement, or benefit of a person, nothing in this Act has the effect of limiting that power or direction.\n> \n> > (4)  Where by an instrument executed or made before the appointed day or by an enactment in force immediately before that day a trustee is empowered or directed to pay income to the parent or guardian of a person, or to apply it for the maintenance, education, advancement, or benefit of a person, the trustee also has power to pay it to that person himself if that person has attained the age of 18 years.\n> \n> > (5)  Subject to [section 7](#GS7@EN) , except to the extent that [section 3](#GS3@EN) operates so as to enable a person to give a receipt or a discharge for or in respect of, or to assign or otherwise dispose of, or to disclaim rights or property, all property as to which a person has died intestate before the appointed day shall be distributed in accordance with the enactments and rules of law that would have applied to it if this Act had not commenced.\n> \n> *\\[Section 5 Subsection (4) amended by S.R. 1977 No. 200, s. 3 and Sched. I and Sched. II \\]*\n> \n> > (6)  *\\[Section 6 Subsection (6) amended by S.R. 1977 No. 200, s. 3 and Sched. II \\]*Subject to [section 8](#GS8@EN) , any order or directions in force immediately before the appointed day in relation to the control of money recovered by or otherwise payable to a minor in any proceedings or as a result of the compromise or settlement of a claim for money or damages has effect as if a reference to the minor's attaining the age of 21 years or full age (however expressed) were a reference to his attaining the age of 18 years or, in the case of a person to whom [section 3](#GS3@EN) [(1)](#GS3@Gs1@EN) [(b)](#GS3@Gs1@Hpb@EN) relates, to the appointed day.\n> \n> > (7)  Nothing in this Act affects any estate, right, or interest in real or personal property to which a person has become absolutely entitled, whether beneficially or otherwise, before the appointed day.\n> \n> > (8)  Nothing in this Act affects the liability of a person to pay alimony or maintenance under an order or agreement that is in force immediately before the appointed day.\n> \n> > (9)  Nothing in this Act or in any amendment made by [section 5](#GS5@EN) affects the time for bringing proceedings in respect of a cause of action that arose before the appointed day.\n> \n> > (10)  Nothing in this Act affects the construction of an enactment where it is incorporated in, and has effect as part of, an instrument the construction of which is not affected by this Act.\n> \n> > (11)  Nothing in this Act affects –\n> > \n> > > > (a) conditions of employment or rights or obligations arising from employment; or\n> > > \n> > > > (b) the construction of –\n> > > > \n> > > > > > (i) an industrial award, order, or determination; or\n> > > > > \n> > > > > > (ii) any instrument that is executed or entered into pursuant to an enactment and that prescribes or regulates wages or other conditions of, or relating to, apprenticeship.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Special provisions as to the powers of administrator or trustee of an intestate estate","content":"### 7 Special provisions as to the powers of administrator or trustee of an intestate estate\n\n> > (1)  Where a person (in this section referred to as a \"beneficiary\") who, by virtue of the operation of [section 3](#GS3@EN) , is or becomes enabled to give a receipt or a discharge for or in respect of, or to assign or otherwise dispose of, or to disclaim rights or property directs the administrator or trustee (as the case may be) of the estate or any part of the estate of a person who died intestate before the appointed day to deal with or dispose of that estate or any part thereof in accordance with such directions as the beneficiary is, by virtue of the operation of that section, enabled to give, the administrator or trustee may refuse to comply with the direction if –\n> > \n> > > > (a) where there are more beneficiaries than one, all the beneficiaries have not joined in giving the direction; or\n> > > \n> > > > (b) the administrator or trustee is of the opinion that, for any reason, he would be failing to exercise the utmost diligence in the administration of the estate if he were to act in accordance with the direction before the beneficiary by whom the direction is given has attained such age (not exceeding 21 years) as may be determined by the administrator or trustee.\n> \n> > (2)  *\\[Section 7 Subsection (2) amended by S.R. 1977 No. 200, s. 3 and Sched. I \\]*An administrator or trustee who refuses to act in accordance with a direction under [subsection (1)](#GS7@Gs1@EN) shall forthwith give notice thereof in writing to the beneficiary, setting out the reason for the refusal.\n> \n> > (3)  *\\[Section 7 Subsection (3) amended by S.R. 1977 No. 200, s. 3 and Sched. I \\]*A beneficiary who receives a notice under [subsection (2)](#GS7@Gs2@EN) in which the reason for refusal is stated to be such an opinion of the administrator or trustee as is referred to in [paragraph (b) of that subsection](#GS7@Gs2@Hpb@EN) , may take out an originating summons claiming that to act in accordance with the direction would not be a failure to exercise the utmost diligence in the administration of the estate.\n> \n> > (4)  *\\[Section 7 Subsection (4) amended by S.R. 1977 No. 200, s. 3 and Sched. I \\]*An originating summons taken out under [subsection (3)](#GS7@Gs3@EN) is returnable before a judge in chambers and the proceedings thereon shall be the same in all respects as if the matter for determination were a cause or matter that, before the commencement of the [Supreme Court Civil Procedure Act 1932](/view/html/inforce/2026-04-12/act-1932-058) , would have come before the Supreme Court in its jurisdiction in equity.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Special provisions as to the powers of trustee of money payable to a minor","content":"### 8 Special provisions as to the powers of trustee of money payable to a minor\n\n> > (1)  *\\[Section 8 Subsection (1) amended by S.R. 1977 No. 200, s. 3 and Sched. II \\]*Notwithstanding [section 6](#GS6@EN) [(6)](#GS6@Gs6@EN) , the person (in this section referred to as \"the trustee\") who has the control, on behalf of another person (in this section referred to as \"the minor\"), of money to which that subsection relates may refuse to pay that money to the minor until the minor attains such age (not exceeding 21 years) as the trustee may determine, if the trustee is of the opinion that it would not be in the minor's best interests if the money were to be paid to him before he attains the age so determined.\n> \n> > (2)  Where the trustee so refuses he shall forthwith give notice in writing of his refusal to the minor, setting out the trustee's reasons for the refusal.\n> \n> > (3)  *\\[Section 8 Subsection (3) amended by S.R. 1977 No. 200, s. 3 and Sched. I \\]*On receipt of a notice under [subsection (2)](#GS8@Gs2@EN) , the minor may take out an originating summons claiming that it would be in the minor's best interests if the trustee were to pay the money to the minor.\n> \n> > (4)  *\\[Section 8 Subsection (4) amended by S.R. 1977 No. 200, s. 3 and Sched. I \\]*An originating summons taken out under [subsection (3)](#GS8@Gs3@EN) is returnable before a judge in chambers and the proceedings thereon shall be in all respects as if the matter for determination were a cause or matter that, before the commencement of the [Supreme Court Civil Procedure Act 1932](/view/html/inforce/2026-04-12/act-1932-058) , would have come before the Supreme Court in its jurisdiction in equity.","sortOrder":7},{"sectionNumber":"SCHEDULE 1 - Amendments of Act","sectionType":"part","heading":"SCHEDULE 1 - Amendments of Acts","content":"# SCHEDULE 1 - Amendments of Act SCHEDULE 1 - Amendments of Acts\n\n[Section 5](#GS5@EN)","sortOrder":8}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The Act replaces the previous statutory measure of majority by deeming 18‑year‑olds to have full legal capacity for State law purposes (s3(1)). It also deems persons aged 18–20 on the appointed day to have attained full age on that day (s3(1)(b)). However, it preserves pre‑commencement testamentary rules and the construction of wills executed before the appointed day (s6(1)–(3)), and allows trustees or administrators to delay payments or refuse directions until a trustee‑determined age (not exceeding 21) where in their opinion it is in the minor’s best interests, with a duty to give written reasons and with court review available (s7(1)–(3); s8(1)–(4)). These savings and discretions limit the practical effect of the change in some estate and trust contexts and place compliance and litigation burdens on trustees/administrators and beneficiaries."},"complexity_factors":["Change in legal status applies both prospectively and to persons aged 18–20 on the appointed day (s3(1)(a)–(b))","Numerous savings and transitional provisions preserving pre‑existing testamentary rules and intestacy distributions (s6(1)–(5), (7))","Trustee and administrator discretions to delay payments or refuse directions, with mandatory notice and court review routes (s7, s8)","Definitions and territorial scope limit operation to State laws and instruments, excluding Commonwealth laws (s2)","Specified rule for time of attaining an age (commencement of birthday) with conditional effect (s4)","Exceptions for incapacity unrelated to age (insanity, mental infirmity) retained (s3(4))","Interaction with other enactments and instruments and incorporation clauses may complicate application (s3(2), s4(2), s6(10))","Amendments to other Acts incorporated by reference (s5) creating cross‑statute consequences"],"plain_english_summary":"This Act lowers the State's legal age of majority to 18: from the appointed day, people who turn 18 are deemed to have full legal capacity and those already aged 18–20 on that day are treated as having attained full age. It preserves earlier rules for wills and testamentary construction, and gives trustees and administrators limited discretion to withhold payments or refuse beneficiary directions (for up to age 21), while providing a right to bring the matter before a judge."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: lowering the age of majority from 21 to 18. While it contains extensive savings provisions to protect existing rights, these are ancillary safeguards rather than scope creep. The Act has not expanded into unrelated areas."},"complexity_factors":["Multiple defined terms in section 2 (appointed day, enactment, instrument, laws of the State) with nested definitions","Extensive savings provisions in section 6 with 11 subsections protecting pre-existing rights and arrangements","Conditional application based on timing ('appointed day') creating different rules for different cohorts (those turning 18 after vs. those already 18-20)","Cross-references between sections 3, 6, 7, and 8 creating interdependent operational rules","Specific procedural mechanisms in sections 7 and 8 for court challenges ('originating summons' before judges in chambers)","Dual treatment of testamentary dispositions (wills) vs. other legal instruments","Exception to the exception in section 8 allowing trustees to override the general rule that age 18 suffices"],"plain_english_summary":"**What this law does:**\n\nThis Act changed the age at which people become legal adults in Tasmania from **21 to 18 years old**. Before this law, you had to be 21 to sign contracts, own property, make a will, or do most other legal things on your own. This Act lowered that threshold to 18.\n\n**Who it affects:**\n\n- **Young people turning 18**: Anyone who turned 18 on or after the \"appointed day\" (when the law started) became a full legal adult immediately.\n- **People already aged 18–20**: Anyone who was already between 18 and 21 when the law started automatically became a legal adult on that day.\n- **Trustees and administrators**: People managing money or property for young people, who got special rules about when they must hand over control.\n\n**Key protections and exceptions:**\n\nThe Act didn't disturb existing legal arrangements. Specifically:\n\n- **Wills made before the law changed**: Old wills stayed governed by the old rules (age 21).\n- **Money from court cases**: If a minor was awarded money before the law started, trustees could still hold it until age 21 if they thought paying it at 18 wasn't in the person's best interests (but the young person could go to court to challenge this).\n- **Intestate estates** (when someone dies without a will): Complex rules apply to protect beneficiaries and trustees.\n- **Employment and industrial awards**: Unions and work conditions weren't affected.\n\n**Why it matters:**\n\nThis was a significant social reform that aligned Tasmania with changing community standards about when people become adults. It gave 18-year-olds full legal capacity to own property, sue, be sued, marry without consent, and make binding contracts—while protecting existing financial arrangements and vulnerable young people who stood to inherit money."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains consistent with its original intent — to lower the age of majority from 21 to 18. No significant scope creep or change in purpose is evident from the version history."},"complexity_factors":["Extremely narrow and focused single-purpose legislation","Very short Act with minimal provisions","Straightforward numerical threshold with limited ambiguity","Some residual complexity arises from exceptions in other Acts that override this baseline age"],"plain_english_summary":"The Age of Majority Act 1973 makes 18 the legal age of adulthood in Tasmania (replacing the old common‑law age of 21). It means Tasmanians who reach 18 are generally treated as adults for legal capacity — able to enter contracts, make medical decisions, sue/be sued and bear full legal responsibilities. Some individual laws (voting, drinking, driving, etc.) may still set different age limits."}},"importantCases":[],"_links":{"self":"/api/acts/age-of-majority-act-1973","history":"/api/acts/age-of-majority-act-1973/history","analysis":"/api/acts/age-of-majority-act-1973/analysis","conflicts":"/api/acts/age-of-majority-act-1973/conflicts","importantCases":"/api/acts/age-of-majority-act-1973/important-cases","documents":"/api/acts/age-of-majority-act-1973/documents"}}