Federal Register of Legislation - Australian Government

Primary content

Act No. 12 of 1950 as made
An Act to make certain Provisions with respect to British Nationality and Australian Citizenship in consequence of the fact that Burma has ceased to be part of His Majesty's Dominions.
Date of Assent 01 Jul 1950
Date of repeal 12 Jun 1981
Repealed by Statute Law Revision Act 1981

NATIONALITY AND CITIZENSHIP (BURMESE).

 

No. 12 of 1950.

An Act to make certain Provisions with respect to British Nationality and Australian Citizenship in consequence of the fact that Burma has ceased to be part of His Majesty’s Dominions.

[Assented to 1st July, 1950.]

[Date of commencement, 29th July, 1950.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1.  This Act may be cited as the Nationality and Citizenship (Burmese) Act 1950.

Certain persons to cease to be British subjects.

2.—(1.)     Subject to this Act, every person who, by virtue of section two of the Imperial Act known as the Burma Independence Act, 1947, ceased, on the fourth day of January, One thousand nine hundred and forty-eight, to be a British subject under the law of the United Kingdom but was, immediately before the date of commencement of this Act, a British subject under the law of Australia shall, upon the date of commencement of this Act, cease to be a British subject under the law of Australia.

(2.)    Subject to this Act, every woman married or child born after the fourth day of January, One thousand nine hundred and forty-eight, who, immediately before the date of commencement of this Act, was a British subject under the law of Australia by reason only of marriage to, or descent from, a person who, under the last preceding sub-section, ceases to be a British subject under the law of Australia, or has died before the date of commencement of this Act and, but for his death, would have so ceased, shall, upon the date of commencement of this Act, cease to be a British subject under the law of Australia.


 

(3.)  Neither of the last two preceding sub-sections applies to a person who, immediately before the date of commencement of this Act, had the status of a British subject under the law of the United Kingdom and did not possess that status by reason only of Australian citizenship.

Provisions with respect to Australian citizens.

3.—(1.)     A person who—

(a) by virtue of section two of this Act, ceases to be a British subject; and

(b) was, immediately before the date of commencement of this Act, an Australian citizen,

shall, subject to this section, cease, on the date of commencement of this Act, to be an Australian citizen.

(2.)  A person referred to in the last preceding sub-section may, by a declaration made in the prescribed manner within two years after the date of commencement of this Act, elect to remain an Australian citizen.

(3.)  Upon the registration, as prescribed, of a declaration so made by a person, the provisions of the last preceding sub-section and of section two of this Act shall be deemed never to have applied to that person, or to any child of his who, at the date on which the declaration is made, is under the age of eighteen years and whose name is included in the declaration.

(4.)  The exercise by a person of a right of election under sub-section (2.) of this section shall not operate so as to render unlawful anything done before the date on which the election became effective which would have been lawful if the election had not been made.

Regulations.

4.  The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are by this Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, for or in relation to—

(a) the imposition and recovery of fees for—

(i) any registration under this Act; or

(ii) the supplying of a certified or other copy of any declaration registered under this Act; and

(b) the imposition of penalties, not exceeding a fine of Fifty pounds, or imprisonment for six months, for any offence against the regulations.