Legal Matters

Contracts and Leases

The general rule is that people under 18 are not bound by contracts, leases and other transactions, but such agreements can be enforced against the other party at the option of the young person. There are two exceptions to this rule. In both cases, the agreement can be enforced against the young person where:

• the contract is for goods and services basic to the support of life, and certain other goods and services ‘appropriate to the age and station in life’ of the young person. This includes mobile phones;
• the contract is for apprenticeship or service.

In practice, landlords and other people doing business with minors will often require someone (for example, a parent) to guarantee that the minor fulfils their part of the bargain. This makes the guarantor (that is, the person giving the guarantee) liable as well as the minor.

Wills

Under the Wills Act 2008 (Tas), a minor (a person under 18 years of age) cannot make a will unless they are married, or intending to marry.

Firearms

Under the Firearms Act 1996 (Tas) no one can use, own, buy or sell a gun unless the person holds a gun licence or is otherwise authorised.  The requirements for a licence are that the person is at least 18 years of age. A person under the age of 18 years must not possess or use a firearm unless the person is the holder of a minor’s permit. A young person can apply for a minor’s permit if they are over 12 and under 18 years, are a fit and proper person and have the written permission of a parent or guardian.

A minor’s permit allows that young person to possess a specified firearm under the supervision of a holder of a licence or a person approved to supervise young people in receiving instruction in the safe use of a firearm or target shooting on approved range. A minor’s permit does not allow a youth to purchase or own a firearm or ammunition.