{"id":"age-majority-act-1977","name":"Age of Majority Act 1977","slug":"age-of-majority-act-1977","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28673,"registerId":"vic-age-majority-act-1977-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Age of Majority Act 1977","content":"Version No. 014\n\n**Age of Majority Act 1977**\n\n**No. 9075 of 1977**\n\nVersion incorporating amendments as at  \n1 August 2015\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title and commencement 1\n\n2 Attainment of a particular age 1\n\n3 Persons of age of eighteen years or more to have full legal capacity 2\n\n4 Construction of proclamations, regulations etc. 3\n\nEndnotes 6\n\n1 General information 6\n\n2 Table of Amendments 8\n\n3 Amendments Not in Operation 9\n\n4 Explanatory details 10\n\n**Version No.** **014**\n\n**Age of Majority Act 1977**\n\n**No. 9075 of 1977**\n\nVersion incorporating amendments as at  \n1 August 2015\n\nAn Act to lower the Age of Majority, to confer upon Persons who have attained the Age of eighteen Years the juristic Competence and Capacity of full Age, to make certain consequential Amendments to various Acts, and for other purposes.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\n\t1 Short title and commencement\n\n(1) This Act may be cited as the **Age of Majority Act 1977**.\n\n(2) This Act shall come into operation on the day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\n\t2 Attainment of 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 shall be the commencement of the relevant anniversary of the date of his birth.\n\n(2) This section has effect only where the relevant anniversary falls on the day of commencement of this Act or on a subsequent day.\n\n\t3 Persons of age of eighteen years or more to have full legal capacity\n\n(1) Subject to this section for all the purposes of the laws of the State—\n\n(a) a person who, on or after the day of commencement of this Act attains the age of eighteen years, attains full age and full capacity on attaining that age;\n\n(b) a person, who on the day of commencement of this Act is of or over the age of eighteen years, but under the age of twenty-one years, attains full age and full capacity on that day;\n\n(c) the expression ***minor*** means a person not of full age.\n\nS. 3(2) amended by No. 12/1989 s. 4(1)(Sch. 2 item 3.1).\n\n(2) This section shall not apply so as to affect the operation or construction of any reference in any Act, proclamation, regulation, by-law, local law, rule or instrument to be an age expressed in years.\n\n(3) This section shall not affect any deficiency of juristic competence or capacity that is attributable to insanity, or mental infirmity, or any other factor as distinct from age.\n\n(4) Where a beneficiary under a will or instrument of trust, who is sui juris, is by law entitled (either individually or in concert with other persons) to require the disposition of property subject to a trust before the time fixed under the provisions of the trust, that right shall be exercisable by a person who has not attained the age of twenty-one years only in respect of a will or instrument of trust executed on or after the commencement of this Act.\n\n(5) For the purposes of subsection (4) and notwithstanding any rule of law, a will or codicil executed before the commencement of this Act shall not be treated as executed on or after that commencement by reason only that the will or codicil is confirmed by a codicil executed on or after that commencement.\n\n(6) Where a person died intestate before the commencement of this Act, the administrator of the estate of the intestate shall not be obliged to distribute any portion of the estate to any person entitled to participate in the distribution before that person has attained the age of twenty-one years.\n\n(7) This section shall not affect any estate, right or interest in any real or personal property to which any person has become entitled absolutely, whether beneficially or otherwise, before the day of commencement of this Act.\n\n\t4 Construction of proclamations, regulations etc.\n\nS. 4(1) amended by No. 12/1989 s. 4(1)(Sch. 2 item 3.2).\n\n(1) The provisions of any proclamation, regulation, by-law, local law, rule or statutory instrument shall be construed as if they were so far modified as is necessary to give effect to the provisions of this Act.\n\nS. 4(2) amended by No. 12/1989 s. 4(1)(Sch. 2 item 3.2).\n\n(2) In the absence of a definition or of an indication of a contrary intention the expressions \"majority\", \"full age\", \"sui juris\", \"minor\", \"minority\", \"infant\", \"infancy\" and any other similar expressions in any Act, proclamation, regulation, by-law, local law, rule or statutory instrument, whether passed, promulgated or made before or after the commencement of this Act, shall be construed in accordance with the provisions of this Act.\n\n(3) This section shall not affect the construction of—\n\n(a) any industrial award, order, determination or agreement;\n\n(b) any instrument made or entered into pursuant to any Act which prescribes wages or other conditions of or relating to apprenticeship;\n\n(c) any provisions of any Act governing or relating to conditions of employment or rights or obligations arising from employment.\n\nS. 5  \nrepealed by No. 9863 s. 2(Sch.).\n\n* * * * *\n\nSch. (Heading) repealed by No. 21/2015 s. 3(Sch. 1 item 3).\n\nSchs 1, 2 repealed by No. 9863 s. 2(Sch.).\n\n* * * * *\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Age of Majority Act 1977** was assented to on 6 December 1977 and came into operation on 1 February 1978: Government Gazette 11 January 1978 page 97.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Age of Majority Act 1977** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Statute Law Revision (Repeals) Act 1982, No. 9863/1982**\n\n| Assent Date: | 5.1.83 |\n| --- | --- |\n| Commencement Date: | 5.1.83: s. 1(2) |\n| Current State: | All of Act in operation |\n\n\n**Local Government (Consequential Provisions) Act 1989, No. 12/1989**\n\n| Assent Date: | 9.5.89 |\n| --- | --- |\n| Commencement Date: | S. 4(1)(Sch. 2 items 3.1, 3.2) on 1.11.89: Government Gazette 1.11.89 p. 2798 |\n| Current State: | This information relates only to the provisions amending the **Age of Majority Act 1977** |\n\n\n**Statute Law Revision Act 2015, No. 21/2015**\n\n| Assent Date: | 16.6.15 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 3) on 1.8.15: s. 2(1) |\n| Current State: | This information relates only to the provisions amending the **Age of Majority Act 1977** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nNot updated for this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act’s core scope—lowering majority to 18 and treating 18‑year‑olds as having full legal capacity—remains the operative effect. Subsequent amendments and savings clauses clarify application and preserve specific exceptions (mental incapacity, trusts, wills, intestacy, employment instruments) but do not alter the primary change in who attains legal capacity."},"complexity_factors":["Single clear substantive change: reduces age of majority to 18","Timing rule for attainment of age (commencement of birthday) adds a precise temporal test","Several targeted exceptions and savings (insanity/mental infirmity; trusts/wills executed before commencement; intestacy rules)","Requirement to construe existing proclamations/regulations to give effect to the Act increases interpretive adjustments across statutes and instruments","Express exclusions for industrial/employment instruments limit automatic application","Amendment history and repeals (1989, 2015) require attention when tracing current text"],"plain_english_summary":"This Act lowers the legal age of majority to 18 and says a person attains that age at the start of their 18th birthday. It requires existing laws and instruments to be read so they reflect the new age. The Act preserves non-age incapacity (like insanity), limits immediate effects on trusts, wills and intestate estates, and excludes certain employment awards from change. Mechanically, it shifts contract, property and decision-making capacity to 18‑year‑olds while keeping specific statutory and fiduciary exceptions."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing 18 as the age of majority and defining the legal consequences. The amendments since 1977 have been minor housekeeping (removing spent provisions, updating terminology like 'local law' instead of 'by-law') rather than expansion of scope. The Act has not grown beyond its original intent."},"complexity_factors":["Short statute with only 4 operative sections (Section 5 and Schedules repealed)","Minimal defined terms—only 'minor' is explicitly defined in the text","Straightforward conditional logic with clear transitional provisions for people aged 18–20 at commencement","Several specific exceptions that are clearly demarcated (subsections 3(2)–(7))","Cross-references limited to general 'laws of the State' and specific exclusions for industrial/employment instruments","No nested definitions or recursive cross-referencing","Amendment history is simple—only 3 amending Acts since 1977, mostly removing spent provisions"],"plain_english_summary":"This Act lowered Victoria’s age of majority from 21 to 18 (effective 1 Feb 1978), giving 18‑ to 20‑year‑olds then, and everyone turning 18 since, full legal capacity to contract, own property, sue or be sued, and make decisions without a guardian.  \n\nIt preserves special protections for wills and trusts made before 1978, does not override other statutory age limits (e.g. drinking, licensing) and does not affect capacity rules for mental illness or disability."}},"importantCases":[],"_links":{"self":"/api/acts/age-of-majority-act-1977","history":"/api/acts/age-of-majority-act-1977/history","analysis":"/api/acts/age-of-majority-act-1977/analysis","conflicts":"/api/acts/age-of-majority-act-1977/conflicts","importantCases":"/api/acts/age-of-majority-act-1977/important-cases","documents":"/api/acts/age-of-majority-act-1977/documents"}}