Australian Capital Territory
Married Persons (Torts) Act 1968     No 15 (repealed)
Republication No 3
Effective:  2 November 2002
Republication date: 4 November 2002
As repealed by Act 2002 No 40

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Married Persons (Torts) Act 1968 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)).  It also includes any commencement, amendment, repeal or expiry affecting the republished law to 2 November 2002.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Married Persons (Torts) Act 1968 (repealed)
Contents
	Page
	1	Name of Act	2
	4	Actions in tort by one spouse against the other	2
	5	Actions in tort by a former spouse against the other	2
	6	Application	2
	7	Questions between spouses about property may be decided in a summary way	2
Endnotes
	1	About the endnotes	3
	2	Abbreviation key	3
	3	Legislation history	4
	4	Amendment history	5
	5	Earlier republications	5

Australian Capital Territory
Married Persons (Torts) Act 1968 (repealed)

An Act to make provision in relation to rights of action in tort between married persons, and for purposes connected with them

    

1	Name of Act
This Act is the Married Persons (Torts) Act 1968.
4	Actions in tort by one spouse against the other
Subject to section 6, a party to a marriage has, after the commencement of this Act, the like rights of action in tort against the other party to the marriage as he or she would have had if the parties were not married to each other.
5	Actions in tort by a former spouse against the other
Subject section 6, a person who was a party to a marriage that has been dissolved or annulled has, after the commencement of this Act, the like rights of action in tort against the person who was the other party to the marriage as he or she would have had if the parties had never been married to each other.
6	Application
Sections 4 and 5 do not apply to or in relation to a cause of action that arose, or would, apart from the subsistence of a marriage, have arisen, before the commencement of this Act.
7	Questions between spouses about property may be decided in a summary way
This Act shall not be taken to affect the operation of section 22 of the Married Women’s Property Act 1901, (NSW), section 22.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL  = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
This Act was originally a Commonwealth ordinance—the Married Persons (Torts) Ordinance 1968 No 15 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
	Legislation before becoming Territory enactment
Married Persons (Torts) Act 1968 No 15
notified 22 August 1968
commenced 1 December 1968 (s 2 and Cwlth Gaz 1968 p 6880)
as amended by
Ordinances Revision Ordinance 1978 No 46
notified 28 December 1978
commenced 28 December 1978
	Legislation after becoming Territory enactment
Legislation (Consequential Amendments) Act 2001 No 44 pt 243
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 243 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
as repealed by
Civil Law (Wrongs) Act 2002 sch 3, pt 3.1
notified LR 10 October 2002 
s 1, s 2 commenced 10 October 2002 (LA s 75 (1))
sch 3, pt 3.1 commenced 1 November 2002 (s 2 (2) and CN2002‑13)
4	Amendment history
Commencement
s 2	om 2001 No 44 amdt 1.2809

s 3	om 1978 No 46
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 1978 No 46	30 June 1991	
2	Act 2001 No 44	20 August 2002	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002