STATUTORY RULES.

1961. No. 52

REGULATIONS UNDER THE COCOS (KEELING) ISLANDS ACT 1955-1958.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Cocos (Keeling) Islands Act 1955-1958.

Dated this 6th day of April, 1961.

DALLAS BROOKS

Administrator.

By His Excellency’s Command,

Minister of State for Territories.

COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS.

Citation.

1. These Regulations may be cited as the Cocos (Keeling) Islands (Citizenship) Regulations.

Repeal.

2. The Cocos (Keeling) Islands (Citizenship) Regulations (comprising Statutory Rules 1955, No. 85; and 1958, No. 69) are repealed.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“authorized officer”, in relation to the exercise of a power or function under these Regulations, means a person authorized for that purpose by the Minister;

“declarant” means a person who makes a declaration;

“declaration” means a declaration under section 14 of the Act;

“the Act” means the Cocos (Keeling) Islands Act 1955-1958;

“The Secretary” means the Secretary to the Department of Immigration.

Form of declaration.

4. A declaration shall be in accordance with the form in the Schedule to these Regulations.

Forwarding of declaration.

5.—(1.) For the purpose of exercising a right to become an Australian citizen conferred by section 14 of the Act, a person who makes a declaration shall forward the declaration to, or lodge it with, the Secretary or an authorized officer.

(2.) Where a declaration is forwarded to, or lodged with, an authorized officer, that officer shall forward it to the Secretary.

* Notified in the Commonwealth Gazette on 13th April, 1961.

877/61.—PRICE 3D        13/8.2.1961

Registration of declaration.

6. Upon being satisfied that the declarant is entitled to make a declaration and that the declaration complies with the requirements of these Regulations, the Secretary shall register the declaration and cause a certified copy of the declaration to be forwarded to the declarant.

Filing of declaration.

7. The Secretary shall cause all registered declarations to be filed in the records of the Department of Immigration.

Particulars, &c., may be required.

8. The Secretary may require a declarant to furnish such particulars and produce such documents as the Secretary thinks necessary to establish that the declarant is entitled to make a declaration, and may refuse to register the declaration until those particulars and documents are furnished or produced.

Replacement of lost copy of declaration.

9. If the Secretary is satisfied that the certified copy of a declaration has been lost or destroyed, the Secretary may supply a further certified copy of the declaration to the declarant.

Certified copy to be endorsed.

10. A certified copy of a declaration shall have endorsed on it a certificate by the Secretary or an authorized officer that it is a true copy of the original declaration and that the original declaration has been registered.

Persons before whom declarations may be made.

11. A declaration may be made before a Commissioner for Declarations, a Justice of the Peace or an authorized officer.

Penalties.

12. A declarant shall not, in his declaration or in furnishing particulars or producing a document required under these Regulations, make, orally or in writing, a false or misleading statement.

Penalty: Fifty pounds or imprisonment for three months.

THE SCHEDULE.

Regulation 4.

COMMONWEALTH OF AUSTRALIA.

Cocos (Keeling) Islands Act 1955-1958.

DECLARATION UNDER SECTION 14.

I [full name] of [address] do solemnly and sincerely declare as follows:—

1. I was, immediately before the twenty-third day of November, 1955, a British subject ordinarily resident in the Cocos or Keeling Islands.

2. I was born on , 19 .

3. I wish to become an Australian citizen.

Dated this day of , 19 .

(Signature.)

Made and subscribed at   this day of              , 19              ,

before me

(Person before whom declaration is made.)

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.