AUSTRALIAN CITIZENSHIP ACT 1948
- Reprinted as at 19 December 1973 (HISTACT CHAP 1905 #DATE 19:12:1973)
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - TABLE OF PROVISIONS
TABLE
AUSTRALIAN CITIZENSHIP ACT 1948-1973
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3, 4. (Repealed)
5. Interpretation
6. Extension of Act to Territories
PART II-THE STATUS OF BRITISH SUBJECT
7. Persons having status of British subjects
8. Certain Irish citizens to have the status of British subjects
8A. Application of this Act to certain citizens of Pakistan and
Republic
of South Africa
9. Application of certain laws to Irish citizens who do not have the
status of British subjects
PART III-AUSTRALIAN CITIZENSHIP
Division 1-Citizenship by Birth or Descent
10. Citizenship by birth
11. Citizenship by descent
Division 2-Grant of Australian Citizenship
12. Application of Division
13. Declaration of intention to apply for, and application for,
certificate of Australian citizenship
14. Grant of Australian citizenship
15. Effect of grant of certificate of Australian citizenship
Division 3-(Section 16) (Repealed)
Division 4-Loss of Citizenship
17. Loss of citizenship on acquisition of another nationality
18. Renunciation of citizenship
19. Loss of citizenship by reason of service in armed forces of an
enemy
country
20. (Repealed)
21. Deprivation of citizenship
22. (Repealed)
23. Children of persons who lose or are deprived of citizenship
23A. Persons may resume citizenship lost under s. 20
23B. Persons may resume citizenship lost under s. 23
Division 5-General
23C. Statements by Australian citizens as to national status
23D. Special provisions to prevent persons being stateless
PART IV-TRANSITIONAL PROVISIONS
24. Meaning of British subject for purposes of this Part
25. Transitional provisions
26. Persons having the status of British subjects without citizenship
26A. Alien wives of persons having the status of British subjects
without
citizenship
27. Women who have ceased to be British subjects by reason of
marriage
28. Persons who have ceased to be British subjects by failure to make
declaration of retention of British nationality
29. Wives and children of persons naturalized before 1st January,
1921
30. Citizenship of children who ceased to be British subjects on loss
of
British nationality of parent
31. (Repealed)
PART V-MISCELLANEOUS
32. Certificate of registration or naturalization in case of doubt
33. Citizenship by incorporation of territory
34. Legitimated children
35. Posthumous children
36. Statement in support of application for registration or
naturalization
37. Representations to Minister regarding applicants
38. Confinement in gaol not to be reckoned as residence
39. Determination of questions of residence, &c.
40. Discretion of Minister
40A. Delegation by Minister
41. Formalities regarding oath or affirmation of allegiance
42. Cancellation of certificates, returns of certificates, &c.
43. Evidence of declarations
44. Evidence of entries in registers
44A. Evidence of Australian citizenship
45. Definition of certificate of naturalization for certain purposes
46. Issue and proof of certificates of naturalization, &c.
46A. Evidentiary certificates
47. Amendment of certificates
48. Certificate of registration or naturalization to be surrendered
where order of deprivation made
48A. Evidentiary certificate to be surrended where order of revocation
made
49. Offences in relation to certificates
50. False representations, &c.
51. References in Commonwealth and Territory laws to British subjects
52. Provisions of this Act to be exclusive of State laws
53. Regulations
FIRST SCHEDULE
(Repealed)
SCHEDULES 2 and 3
Oaths and Affirmations of Allegiance
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 1.
Short title.
SECT
AUSTRALIAN CITIZENSHIP ACT 1948-1973
See also the Australian Citizenship Act 1973 following
Title amended by No. 22, 1969, s. 3. An Act relating to Australian Citizenship
and the Status of British Subject.
PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Australian Citizenship Act 1948-1973.*
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 2.
Commencement.
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*
Sections 3 and 4 repealed by No. 216, 1973, s. 3.
* * * * * * * *
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 5.
Interpretation.
SECT
Sub-section (1) amended by No. 58, 1950, s. 3; No. 85, 1953, s. 2; No. 63,
1958, s. 4; No. 11, 1966, s. 3; No. 11, 1967, s. 2; No. 22, 1969, ss. 5 and
22; No. 99, 1973, ss. 4 and 20; and No. 216, 1973, s. 3.
5. (1) In this Act, unless the contrary intention appears-
''alien'' means a person who does not have the status of a British subject
and is not an Irish citizen or a protected person;
''Australia'' includes the Territories that are not trust territories;
''Australian consulate''* means-
(a) the office of a diplomatic or consular officer of the Australian
Government at which a register of births is kept;
(b) an office in New Guinea or in a country in which there is no office
of a kind referred to in the last preceding paragraph, being an office
approved by the Minister; or
(c) an office of the Department of Immigration, whether the office is
situated in or outside Australia;
''certificate of Australian citizenship'' means a certificate of Australian
citizenship granted under this Act and includes a certificate of
naturalization or a certificate of registration granted under the Nationality
and Citizenship Act 1948, or under that Act as amended, before the
commencement of section 22 of the Citizenship Act 1969;
''child'' includes an adopted child, a step-child and a child born out of
wedlock;
''New Guinea'' means the Territory of New Guinea;
''responsible parent'', in relation to a child, means the father of that
child, or, where the father is dead or the mother has been given the custody
of the child by order of a court, or the child was born out of wedlock and
resides with the mother, means the mother of that child;
''service under an Australian government'' means service, whether within
Australia or elsewhere, under the Commonwealth or an authority of the
Commonwealth or under a State or Territory or an authority of a State or
Territory;
''the approved form'' means a form approved by the Minister;
''the permanent forces of the Commonwealth'' means the Permanent Naval
Forces, the Permanent Military Forces or the Permanent Air Force;
''the Secretary'' means the Secretary to the Department of Immigration;
''the United Kingdom and Colonies'' means the United Kingdom of Great
Britain and Northern Ireland together with its Colonies, the Channel Islands
and the Isle of Man.
Amended by No. 99, 1973, s. 20.
(2) References in this Act to any country to which section 7 applies include
references to the dependencies of that country.
Amended by No. 22, 1969, s. 5; and No. 99, 1973, ss. 4 and 20.
(3) For the purposes of this Act-
(a) a person born on a registered ship or aircraft shall be deemed to have
been born at the place at which the ship or aircraft was registered and a
person born on an unregistered ship or aircraft belonging to the government of
a country shall be deemed to have been born in that country;
(aa) a person who, when a child, was found abandoned in Australia shall,
unless and until the contrary is proved, be deemed to have been born in
Australia and, if born on or after 26th January, 1949, to be a person to whom
sub-sections (2) and (3) of section 10 of this Act do not apply;
(b) a person shall be of full age if he has attained the age of eighteen
years;
(c) a person shall be deemed not to have attained a specified age until the
commencement of the relevant anniversary of the date of his birth;
(d) the United Kingdom and Colonies shall be deemed to constitute one
country; and
(e) a person shall be deemed to be ordinarily resident in a country if-
(i) he has his home in that country; or
(ii) that country is the country of his permanent abode notwithstanding
that he is temporarily absent therefrom,
but he shall be deemed not to be so resident if he resides in that country for
a special or temporary purpose only.
Inserted by No. 63, 1958, s. 4; amended by No. 99, 1973, s. 20.
(3A) For the purposes of this Act, a protected person is a person declared
by the regulations to be, for the purposes of this Act, under the protection
of the Australian Government or of the Government of a country, or of a part
of a country, to which section 7 applies.
Substituted by No. 22, 1969, s. 5; amended by No. 99, 1973, s. 20.
(4) A reference in this Act (other than the definition of ''New Guinea'' in
sub-section (1) of this section, and sub-sections (1) and (3) of section 25)
to New Guinea shall, in relation to any time before the date on which the
Citizenship Act 1969 received the Royal Assent be read as including a
reference to the Island of Nauru.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 6.
Extension of Act to Territories.
SECT
Amended by No. 216, 1973, s. 3.
6. This Act shall extend to the Territories.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 7.
Part II substituted by No. 22, 1969, s. 6.
SECT
PART II-THE STATUS OF BRITISH SUBJECT
Persons having status of British subjects.
Substituted by No. 22, 1969, s. 6.
7. (1) A person who, under this Act, is an Australian citizen or, by a law
for the time being in force in a country to which this section applies, is a
citizen of that country has, by virtue of his Australian citizenship or his
citizenship of that country, as the case may be, the status of a British
subject.
Substituted by No. 99, 1973, s. 5.
(2) The countries to which this section applies are the following countries
and any other country declared by the regulations to be a country to which
this section applies:-
Commonwealth of the Bahamas People's Republic of Bangladesh Barbados Republic
of Botswana Canada Republic of Cyprus Fiji The Gambia Republic of Ghana Guyana
Republic of India Jamaica Republic of Kenya Kingdom of Lesotho Republic of
Malawi Malaysia Malta Mauritius Republic of Nauru New Zealand Federal Republic
of Nigeria Sierra Leone Republic of Singapore Republic of Sri Lanka Kingdom of
Swaziland United Republic of Tanzania Kingdom of Tonga Trinidad and Tobago
Uganda United Kingdom and Colonies Independent State of Western Samoa Republic
of Zambia.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 8.
Certain Irish citizens to have the status of British subjects.
SECT
Substituted by No. 22, 1969, s. 6. Sub-section (1) amended by No. 99, 1973, s.
20.
8. (1) An Irish citizen who, immediately before 26th January, 1949, was also
a British subject has the status of a British subject if-
(a) he has, before the commencement of section 6 of the Citizenship Act
1969, given a notice in accordance with sub-section (1) of section 8 of the
Nationality and Citizenship Act 1948 or of that Act as amended; or
(b) he gives a notice, as prescribed, to an officer authorized by the
Secretary to receive notices under this section claiming to be entitled to the
status of a British subject on all or any of the following grounds:-
(i) that he is or has been in service under an Australian Government;
(ii) that he is the holder of an Australian passport;
(iii) that he has associations by way of descent, residence or otherwise
with Australia or New Guinea.
Amended by No. 99, 1973, s. 20.
(2) Where, under the law for the time being in force in a country to which
section 7 applies, provision corresponding to the foregoing provisions of this
section is made for enabling Irish citizens to have the status of British
subjects or of Commonwealth citizens, a person who, by virtue of that law, has
that status also has the status of a British subject by virtue of this
section.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 8A.
Application of this Act to certain citizens of Pakistan and Republic of South
Africa.
SECT
Inserted by No. 99, 1973, s. 6.
8A. (1) Where-
(a) a person is not an Australian citizen and, but for this sub-section,
would not be a citizen of a country to which section 7 applies; and
(b) immediately before the date of commencement of this section-
(i) the person was a citizen of Pakistan or of the Republic of South
Africa and was ordinarily resident in Australia; or
(ii) the person, being the child of a person referred to in
sub-paragraph (i), was under the age of sixteen years,
this Act applies to and in relation to the person as if Pakistan and the
Republic of South Africa were specified in sub-section (2) of section 7.
(2) This section shall cease to be in operation on the expiration of the
period of two years commencing on the date of commencement of this section and
shall thereupon be deemed to have been repealed by an Act other than this
Act.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 9.
Application of certain laws to Irish citizens who do not have the status of
British subjects.
SECT
Substituted by No. 22, 1969, s. 6; amended by No. 99, 1973, s. 20.
9. A law of the Commonwealth or of a Territory in force at 26th January,
1949, has effect, unless provision to the contrary has been or is made, in
relation to Irish citizens who do not have the status of British subjects in
like manner as it has effect in relation to persons who have that status.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 10.
Citizenship by birth.
SECT
PART III-AUSTRALIAN CITIZENSHIP
Division 1-Citizenship by Birth or Descent
10. (1) Subject to this section, a person born in Australia after the
commencement of this Act shall be an Australian citizen by birth.
Substituted by No. 11, 1966, s. 4.
(2)* A person shall not be an Australian citizen by virtue of this section
if, at the time of his birth, his father-
(a) was not an Australian citizen;
(b) was not ordinarily resident in Australia; and
(c) was-
(i) a person who was entitled in Australia to any immunity from suit or
other legal process by virtue of any law relating to diplomatic privileges and
immunities (including any law relating to privileges and immunities attaching
to persons connected with the Governments of other parts of the Queen's
dominions or with international organizations); or
(ii) a consular officer of a foreign sovereign power.
Added by No. 11, 1966, s. 4.
(3)* A person shall not be an Australian citizen by virtue of this section
if, at the time of his birth, his father was an enemy alien and the birth
occurred in a place then under occupation by the enemy.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 11.
Citizenship by descent.
SECT
Substituted by No. 22, 1969, s. 7. Sub-section (1) amended by No. 99, 1973, s.
20.
11. (1) A person born outside Australia on or after 26th January, 1949, is
an Australian citizen by descent if-
(a) in the case of a person born in wedlock-at the time of the birth his
father or mother was an Australian citizen; or
(b) in the case of a person born out of wedlock-at the time of the birth
his mother-
(i) was an Australian citizen; or
(ii) was, or had the status of, a British subject and was ordinarily
resident in Australia or New Guinea,
and, in either case, the birth was or is registered at an Australian consulate
within five years after its occurrence or within such further period as the
Minister allowed or allows.
(2) Where, at the time of the birth of a person (in this sub-section
referred to as ''the child'') born in wedlock, one of the parents of the child
was not an Australian citizen, the birth of the child shall not be registered
at an Australian consulate unless the person applying to register the birth
declares in writing to the person to whom the application is made, or
otherwise satisfies that person, that-
(a) there is not, at the time of the application, a subsisting court order
giving custody of the child exclusively to a person or persons other than the
parent of the child who was an Australian citizen at the time of the birth;
or
(b) the parents of the child are dead.
(3) The birth of a person (in this sub-section referred to as ''the child'')
born out of wedlock shall not be registered at an Australian consulate unless
the person applying to register the birth declares in writing to the person to
whom the application is made, or otherwise satisfies that person, that-
(a) there is not, at the time of the application, a subsisting court order
giving custody of the child exclusively to a person or persons other than the
mother of the child; or
(b) the mother of the child is dead.
(4) The validity of the registration at an Australian consulate of the birth
of a person is not affected by a contravention of either of the last two
preceding sub-sections in relation to that registration.
Division 1A (sections 11A-11C) repealed by No. 99, 1973, s. 7.
* * * * * * * *
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 12.
Division 2 substituted by No. 99, 1973, s. 8.
SECT
Division 2-Grant of Australian Citizenship
Application of Division.
Substituted by No. 99, 1973, s. 8.
12. This Division does not apply to a person who is an Australian citizen.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 13.
Declaration of intention to apply for, and application for, certificate of
Australian citizenship.
SECT
Substituted by No. 99, 1973, s. 8.
13. (1) A person may, not earlier than one year after his entry into
Australia, make a declaration in the approved form of his intention to apply
for the grant to him of a certificate of Australian citizenship.
(2) A person may apply in the approved form for the grant to him of a
certificate of Australian citizenship.
(3) An application under sub-section (2) may be made whether or not the
applicant has previously made a declaration under sub-section (1), but shall
not be made more than six months before the earliest date on which the
Minister, under the provisions of section 14, could become empowered to grant
the certificate.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 14.
Grant of Australian citizenship.
SECT
Substituted by No. 99, 1973, s. 8.
14. (1) The Minister may grant a certificate of Australian citizenship to a
person who has made an application in accordance with section 13 and satisfies
the Minister-
(a) that he is of full age;
(b) that he is capable of understanding the nature of the application;
(c) that he has resided continuously in Australia or New Guinea, or partly
in Australia and partly in New Guinea, throughout the period of one year
immediately preceding the date of the grant of his certificate;
(d) that, in addition to the residence required under paragraph (c), he has
resided in Australia or New Guinea, or partly in Australia and partly in New
Guinea, or has had service under an Australian government, or partly such
residence and partly such service, for periods amounting in the aggregate to
not less than two years during the eight years immediately preceding that
date;
(e) that he is of good character;
(f) that he has an adequate knowledge of the English language;
(g) that he has an adequate knowledge of the responsibilities and
privileges of Australian citizenship; and
(h) that he intends, if granted a certificate of Australian citizenship, to
reside or to continue to reside in Australia or New Guinea or to enter or
continue in service under an Australian government, in the service of an
international organisation of which the Australian government is a member, or
service under the employment of a person, society, company or body of persons
resident or established in Australia or New Guinea.
(2) Paragraphs (b), (f) and (g) of sub-section (1) do not apply in relation
to a person whose father or mother is, or, if dead, was at the time of death,
an Australian citizen.
(3) Paragraphs (c) and (d) of sub-section (1) do not apply in relation to-
(a) a person who has completed, whether before or after the commencement of
this section, not less than three months' service in the permanent forces of
the Commonwealth; or
(b) a person who has been discharged, whether before or after the
commencement of this section, from the permanent forces of the Commonwealth,
before completing three months' service, as medically unfit for service or
further service and who became medically unfit by reason of his service.
(4) For the purpose of paragraph (d) of sub-section (1), the Minister may,
in such cases as he thinks fit, allow periods of residence or service earlier
than eight years preceding the date of the application to be reckoned in
computing the aggregate period mentioned in that paragraph.
(5) Subject to sub-section (6), the Minister may, upon application made
under sub-section (2) of section 13 within two years after the date of
commencement of this section, grant a certificate of Australian citizenship to
a person who-
(a) was, on the date of commencement of this section-
(i) a citizen of a country to which section 7 applied on that date;
(ii) an Irish citizen; or
(iii) a person having the status of a British subject without
citizenship; and
(b) would, but for paragraph (d) of sub-section (1) of this section, be
eligible for the grant of the certificate under that sub-section.
(6) Sub-section (5) does not authorize the grant of a certificate of
Australian citizenship to a person after the expiration of the period of two
years commencing on the date of commencement of this sub-section unless the
person resided continuously in Australia or New Guinea, or partly in Australia
and partly in New Guinea, throughout the period of one year immediately
preceding the expiration of that period.
(7) Paragraphs (f) and (g) of sub-section (1) do not apply in relation to a
person who-
(a) has attained the age of sixty years; or
(b) satisfies the Minister that he is suffering (otherwise than
temporarily) from a loss, or from a substantial impairment, of hearing, speech
or sight.
(8) Notwithstanding anything contained in sub-section (1), the Minister may,
upon application in the approved form, grant a certificate of Australian
citizenship to a person-
(a) who has not attained the age of twenty-one years;
(b) who has attained the age of twenty-one years but, before attaining that
age-
(i) made the application under this sub-section; or
(ii) made a declaration of intention to apply for the grant of a
certificate of Australian citizenship in accordance with sub-section (1) of
section 13;
(c) who is the wife, widow, husband or widower of an Australian citizen or
of a person who would, but for his or her death, have become an Australian
citizen under section 25;
(d) who-
(i) has attained the age of sixteen years; and
(ii) is the wife or husband of a person who has been granted a
certificate of Australian citizenship but has not yet taken the oath of
allegiance or made an affirmation of allegiance in accordance with section 15;
or
(e) who was formerly an Australian citizen or was born in Australia.
(9) The Minister may, upon application in the approved form, include in a
certificate of Australian citizenship, either at the time of granting the
certificate or by later amending the certificate, the name of a child who has
not attained the age of sixteen years and of whom the grantee is the
responsible parent or guardian.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 15.
Effect of grant of certificate of Australian citizenship.
SECT
Substituted by No. 99, 1973, s. 8.
15. (1) A person to whom a certificate of Australian citizenship has been
granted under this Division shall be an Australian citizen-
(a) in the case of a person to whom paragraph (b) does not apply-as from
the date upon which he takes an oath of allegiance or makes an affirmation of
allegiance in the manner provided by this section and in accordance with the
form contained in Schedule 2; or
(b) in the case of a person who has not attained the age of sixteen years
or a person to whom sub-section (2) of section 14 applies-as from the date
upon which the certificate is granted.
(2) The oath or affirmation of allegiance referred to in sub-section (1)
shall-
(a) be taken or made before a Judge of a Federal Court or a Judge or
Magistrate holding office under the law of a State or Territory or before a
person, or a person included in a class of persons, approved by the Minister;
and
(b) if the Minister has made arrangements in pursuance of section 41 for it
to be taken or made in public-be taken or made in accordance with those
arrangements, unless the Minister otherwise permits.
(3) A person who has been granted a certificate of Australian citizenship
under sub-section (8) of section 14 by virtue of being the wife or husband of
a person referred to in paragraph (d) of that sub-section shall not take an
oath of allegiance, or make an affirmation of allegiance, referred to in
sub-section (1) of this section before that last-mentioned person has taken
such an oath or made such an affirmation.
(4) A person whose name is, under sub-section (9) of section 14, included in
a certificate of Australian citizenship shall, if not already an Australian
citizen, be an Australian citizen as from the date upon which his name is so
included or the date upon which the grantee of the certificate of Australian
citizenship becomes an Australian citizen, whichever is the later.
(5) A reference in sub-section (1) to a person to whom a certificate of
Australian citizenship has been granted under this Division shall be read as
including a reference to a person to whom a certificate of Australian
citizenship has been granted under section 15 of the Citizenship Act 1948-1969
or of that Act as amended but who was not an Australian citizen immediately
before the commencement of this section.
Division 3 (section 16) repealed by No. 99, 1973, s. 7.
* * * * * * * *
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 17.
Loss of citizenship on acquisition of another nationality.
SECT
Division 4-Loss of Citizenship
17. An Australian citizen of full age and of full capacity, who, whilst
outside Australia and New Guinea, by some voluntary and formal act, other than
marriage, acquires the nationality or citizenship of a country other than
Australia, shall thereupon cease to be an Australian citizen.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 18.
Renunciation of citizenship.
SECT
Sub-section (1) substituted by No. 99, 1973, s. 9.
18. (1) Where-
(a) an Australian citizen is a national or citizen of a country other than
Australia; and
(b) that person's nationality or citizenship of that other country was
acquired (whether before, on or after 26th January, 1949) at birth, before he
attained the relevant age for the purpose of this paragraph or by reason of
marriage,
he may, at any time after attaining the age of eighteen years or after the
marriage, make a declaration renouncing his Australian citizenship.
Inserted by No. 99, 1973, s. 9.
(1A) For the purpose of paragraph (b) of sub-section (1), the relevant age,
in relation to a person, is-
(a) if that person's nationality or citizenship of that other country was
acquired before the commencement of this sub-section- twenty-one years; or
(b) in any other case-eighteen years.
Amended by No. 22, 1969, s. 22.
(2) A person who became an Australian citizen by reason of the inclusion of
his name in a certificate of Australian citizenship granted to his responsible
parent or his guardian may, at any time after attaining the age of twenty-one
years, make a declaration renouncing his Australian citizenship.
(3) Where a person ceases to be an Australian citizen or is deprived of his
Australian citizenship under the provisions of this Division and his wife
acquires, under the law of some country other than Australia, the nationality
or citizenship of her husband, she may, at any time after acquiring that
nationality or citizenship, make a declaration renouncing her Australian
citizenship.
Inserted by No. 22, 1969, s. 12.
(3A) Where a person who was born, or is ordinarily resident, in a country
other than Australia is not entitled, under the law of that country, to
acquire the nationality or citizenship of that country by reason that the
person is an Australian citizen, that person may make a declaration renouncing
his Australian citizenship.
Amended by No. 22, 1969, s. 12.
(4) Subject to the next two succeeding sub-sections, the Minister shall
register a declaration made under this section and thereupon the person making
the declaration shall cease to be an Australian citizen.
(5) Where, during a war in which Australia is engaged, a declaration is made
under this section by a person who is a national or citizen of a foreign
country, the Minister may refuse to register the declaration.
Added by No. 22, 1969, s. 12; amended by No. 99, 1973, s. 20.
(6) The Minister shall not register a declaration made under sub-section (2)
unless he is satisfied that the person who made the declaration-
(a) is a national or citizen of a country other than Australia; or
(b) will, if the declaration is registered, become a national or citizen of
such a country immediately after the registration.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 19.
Loss of citizenship by reason of service in armed forces of an enemy country.
SECT
19. An Australian citizen who, under the law of a country other than
Australia, is a national or citizen of that country and serves in the armed
forces of a country at war with Australia shall, upon commencing so to serve,
cease to be an Australian citizen.
Section 20 repealed by No. 63, 1958, s. 6.
* * * * * * * *
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 21.
Deprivation of citizenship.
SECT
Substituted by No. 63, 1958, s. 7; amended by No. 22, 1969, s. 22; and No. 99,
1973, s. 20.
21. Where-
(a) a person who is an Australian citizen by virtue of a certificate of
Australian citizenship has, whether before or after the commencement of this
section, been convicted of an offence against section 50 in relation to the
application for his certificate of Australian citizenship; and
(b) the Minister is satisfied that it would be contrary to the public
interest for the person to continue to be an Australian citizen,
the Minister may, by order, deprive the person of his Australian citizenship,
and the person shall, upon the making of the order, cease to be an Australian
citizen.
Section 22 repealed by No. 63, 1958, s. 7.
* * * * * * * *
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 23.
Children of persons who lose or are deprived of citizenship.
SECT
Substituted by No. 63, 1958, s. 8. Sub-section (1) amended by No. 99, 1973, s.
20.
23. (1) Where-
(a) the responsible parent or the guardian of a child not of full age
ceases to be an Australian citizen under section 17, 18 or 19; and
(b) that child is, under the law of a country outside Australia, a national
or citizen of that country immediately after the time when his responsible
parent or his guardian ceases to be an Australian citizen,
that child shall cease to be an Australian citizen from that time.
Amended by No. 99, 1973, s. 20.
(2) Where a person is deprived of his Australian citizenship under section
21, the Minister may, by order, direct that all or any of the children of whom
that person is the responsible parent or the guardian and who are not of full
age shall cease to be Australian citizens, and the children in respect of whom
the order is made shall, upon the making of the order, cease to be Australian
citizens.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 23A.
Persons may resume citizenship lost under s. 20.
SECT
Inserted by No. 63, 1958, s. 8. Sub-section (1) amended by No. 99, 1973, ss.
10 and 20.
23A. (1) A person who, under section 20 of the Nationality and Citizenship
Act 1948-1955, ceased to be an Australian citizen may, within one year after
the date of commencement of this section or the date on which he attains the
age of eighteen years, whichever is the later, or within such further period
as the Minister, in special circumstances, allows, make and furnish to the
Secretary a declaration in accordance with the prescribed form that he wishes
to resume Australian citizenship.
(2) The Secretary shall register the declaration in the prescribed manner
and, upon the registration of the declaration, the person making the
declaration again becomes an Australian citizen.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 23B.
Persons may resume citizenship lost under s. 23.
SECT
Inserted by No. 63, 1958, s. 8. Sub-section (1) amended by No. 99, 1973, ss.
11 and 20.
23B. (1) A person who, under section 23, has ceased or ceases to be an
Australian citizen may, within one year after attaining the age of eighteen
years or within such further period as the Minister, in special circumstances,
allows, make and furnish to the Secretary a declaration in accordance with the
prescribed form that he wishes to resume Australian citizenship.
(2) The Secretary shall register the declaration in the prescribed manner
and, upon the registration of the declaration, the person making the
declaration again becomes an Australian citizen.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 23C.
Division 5 inserted by No. 22, 1969, s. 13.
SECT
Division 5-General
Statements by Australian citizens as to national status.
Inserted by No. 22, 1969, s. 13.
23C. An Australian citizen who is required to state or declare his national
status may state or declare himself to be an Australian citizen and his
statement or declaration to that effect is a sufficient compliance with the
requirement.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 23D.
Special provisions to prevent persons being stateless.
SECT
Inserted by No. 99, 1973, s. 12.
23D. (1) The Minister shall, upon application made in accordance with the
approved form for the grant of Australian citizenship to a person under this
sub-section and if he is satisfied that the person-
(a) was born in Australia; and
(b) is not, and has never been, a citizen of any country,
register that person as prescribed as an Australian citizen, and the person is
an Australian citizen as from the date upon which the registration is
effected.
(2) Notwithstanding sub-sections (2) and (3) of section 10, a person born in
Australia after the commencement of this section shall be an Australian
citizen by birth if, at the time of the birth, the person's mother is an
Australian citizen and, but for this sub-section, the person would not be a
citizen of any country.
(3) Where a condition specified in paragraph (a) or (b) of sub-section (1)
of section 11 is fulfilled in relation to a person who was born outside
Australia on or after 26th January, 1949, and the person is not, and has never
been, a citizen of any country-
(a) the Minister shall not, if the birth of the person has not been
registered at an Australian consulate within five years after its occurrence,
so exercise his powers under that sub-section as to prevent the registration
of the birth under that sub-section; and
(b) sub-sections (2) and (3) of that section do not apply in relation to
the registration of the birth of the person at an Australian consulate.
(4) Sub-section (2) of section 23 does not apply in relation to a child who
would, if the Minister were to make an order under that sub-section in respect
of him, become a person who is not a citizen of any country.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 24.
Meaning of British subject for purposes of this Part.
SECT
PART IV-TRANSITIONAL PROVISIONS
Substituted by No. 22, 1969, s. 14; amended by No. 99, 1973, s. 20.
24. In this Part, a reference to a British subject, in relation to a time
before 26th January, 1949, shall be read as including a reference to a person
who was, at that time, entitled in Australia or a Territory to all political
and other rights, powers and privileges to which a natural-born British
subject was then entitled.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 25.
Transitional provisions.
SECT
Sub-section (1) amended by No. 99,1973, s. 20.
25. (1) A person who was a British subject immediately prior to the date of
commencement of this Act shall, on that date, become an Australian citizen
if-
(a) he was born in Australia and would have been an Australian citizen if
section 10 had been in force at the time of his birth;
(b) he was born in New Guinea;
(c) he was a person naturalized in Australia; or
(d) he had been, immediately prior to the date of commencement of this Act,
ordinarily resident in Australia or New Guinea, or partly in Australia and
partly in New Guinea, for a period of at least five years.
(2) A person shall not become an Australian citizen by virtue of the last
preceding sub-section if, but for paragraph (d) of that sub-section, he would
have ceased to be a British subject on the date of commencement of this Act.
Substituted by No. 11, 1966, s. 8; amended by No. 22, 1969, s. 15; and No. 99,
1973, s. 20.
(3) A person-
(a) who was born outside Australia and New Guinea before the commencement
of the Nationality and Citizenship Act 1948;
(b) who was a British subject immediately before the commencement of that
Act;
(c) whose father was a person to whom paragraph (a), (b) or (c) of
sub-section (1) applied at the commencement of that Act; and
(d) who enters Australia and has the status of a British subject, but is
not an Australian citizen, at the time of that entry,
shall, on the date of that entry, become an Australian citizen.
(4) A woman who-
(a) was a British subject immediately prior to the date of commencement of
this Act;
(b) had, prior to that date, been married to a person who becomes or, if he
is dead, would, but for his death, have become an Australian citizen under
this section; and
(c) entered Australia prior to that date,
shall on that date become an Australian citizen.
Inserted by No. 85, 1953, s. 7; amended by No. 1, 1955, s. 7; and No. 99,
1973, s. 13.
(4A)* In determining, for the purposes of paragraph (c) of subsection (8) of
section 14 or paragraph (b) of sub-section (4) of this section, whether a
person would, but for his death, have become an Australian citizen under this
section, it shall be assumed that if he had lived he would have continued to
be ordinarily resident in the place where he was ordinarily resident
immediately before his death, but that nothing else which could have affected
his eligibility for Australian citizenship would have occurred between the
date of his death and the date of commencement of this Act.
Amended by No. 99, 1973, s. 20.
(5) A person who was born out of wedlock outside Australia, the countries to
which section 7 applies and Ireland and, prior to the date of commencement of
this Act, entered Australia shall become an Australian citizen on that date if
his mother was at the time of his birth a British subject ordinarily resident
in Australia or New Guinea.
(6) A person who entered Australia prior to the date of commencement of this
Act and who, at the time of his entry or subsequently, was-
(a) a prohibited immigrant within the meaning of the Immigration Act; or
(b) a person who had applied for, or was issued with, a certificate of
exemption under section four of that Act,
shall not become an Australian citizen under this section unless, prior to
that date, he had been granted permission by the Minister, or by an officer
under that Act, to remain in Australia for permanent residence.
Substituted by No. 63, 1958, s. 9.
(7)* A person who enters Australia after the commencement of Part II of the
Migration Act 1958 and, at the time of his entry, is-
(a) a prohibited immigrant within the meaning of that Act; or
(b) the holder, within the meaning of that Act, of a temporary entry permit
granted under that Act,
shall not become an Australian citizen under this section.
(8) In this section-
''the Immigration Act'' means the Immigration Restriction Act 1901, and,
when considered in relation to any time, means that Act as amended as in force
at that time;
''person naturalized in Australia'' means-
(a) a person to whom a certificate of naturalization was granted in
Australia or a Territory;
(b) a person who, by reason of the inclusion of his name in any such
certificate, was deemed to be a person to whom a certificate of naturalization
was granted;
(c) a person who, by virtue of any law in force in Australia or a
Territory, was deemed to be a naturalized British subject by reason of his
residence with his father or mother; or
(d) a married woman who, by virtue of any such law, made a declaration
that she desired to acquire British nationality.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 26.
Persons having the status of British subjects without citizenship.
SECT
Substituted by No. 22, 1969, s. 16. Sub-section (1) amended by No. 99, 1973,
s. 20.
26. (1) Subject to this section, a person who-
(a) was a British subject immediately before 26th January, 1949; and
(b) was not at that date an Australian citizen, a citizen of a country to
which section 7 applies or an Irish citizen,
has the status of a British subject without citizenship.
Amended by No. 99, 1973, s. 20.
(2) Subject to the next two succeeding sub-sections, the law in force in
Australia, immediately before 26th January, 1949, in relation to British
nationality continues to apply, as if this Act had not been passed, to a
person who has the status of a British subject without citizenship while he
has that status and continues so to apply as if he were a British subject.
(3) Where a person who has the status of a British subject without
citizenship marries a woman who does not have the status of a British subject,
she does not, by reason of the marriage, acquire the status of a British
subject.
(4) Where a woman who has the status of a British subject without
citizenship marries an alien or an Irish citizen, she does not, by reason of
the marriage, cease to have that status.
Amended by No. 99, 1973, s. 20.
(5) Subject to the next succeeding sub-section, where a person who, on or
after 26th January, 1949, was or is born in a country outside Australia has
acquired or acquires the status of a British subject by virtue of the law in
force in a country to which section 7 applies but has not or does not, under
this Act or the law in force in such a country, become an Australian citizen
or a citizen of such a country, that person has the status of a British
subject without citizenship.
Amended by No. 99, 1973, s. 20.
(6) A person who, but for this sub-section, would, under this section, have
the status of a British subject without citizenship does not have that status
if he has become, or ceases to have that status if he becomes, an Australian
citizen, a citizen of a country to which section 7 applies, an Irish citizen
or an alien.
Sub-section (7) omitted by No. 99, 1973, s. 14.
* * * * * * * *
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 26A.
Alien wives of persons having the status of British subjects without
SECT
citizenship.
Substituted by No. 22, 1969, s. 16.
26A.* (1) The Minister may direct that a woman who-
(a) applies, in accordance with a form approved by the Minister, for
registration as a person having the status of a British subject; and
(b) satisfies the Minister that she is an alien and is the wife of a person
having the status of a British subject without citizenship,
shall be registered as a person having the status of a British subject without
citizenship, and, subject to the next succeeding sub-section, the Secretary
shall cause her to be registered accordingly.
Substituted by No. 99, 1973, s. 15.
(2) A woman shall not be registered in accordance with a direction under
sub-section (1) unless she takes an oath, or makes an affirmation, in
accordance with the form in Schedule 3.
Amended by No. 99, 1973, s. 20.
(3) Subject to sub-section (5), upon the registration of a woman under this
section, she acquires the status of a British subject without citizenship.
Amended by No. 99, 1973, s. 20.
(4) Subject to the next succeeding sub-section, a woman who-
(a) was the wife of a British subject without citizenship or is or was the
wife of a person having the status of a British subject without citizenship;
and
(b) has the status of a British subject by virtue of a law of a country to
which section 7 applies but is not a citizen of that country,
has the status of a British subject without citizenship.
Amended by No. 99, 1973, s. 20.
(5) A woman who, under this section, acquires or has the status of a British
subject without citizenship ceases to have that status if she becomes an
Australian citizen, a citizen of a country to which section 7 applies or an
Irish citizen.
Amended by No. 99, 1973, s. 15.
(6) Sub-sections (2) and (4) of section 26 apply to a woman who, under this
section, acquires or has the status of a British subject without citizenship.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 27.
Women who have ceased to be British subjects by reason of marriage.
SECT
27. Where, at any time prior to the date of commencement of this Act, a
woman ceased to be a British subject by reason that-
(a) on her marriage to an alien she acquired the nationality of her
husband; or
(b) during the continuance of the marriage, her husband, being a British
subject, acquired a new nationality and, by reason of her husband acquiring
the new nationality, she also acquired that nationality,
she shall be deemed, for the purposes of this Act, to have been a British
subject immediately prior to that date.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 28.
Persons who have ceased to be British subjects by failure to make declaration
of retention of British nationality.
SECT
Sub-section (1) amended by No. 99, 1973, s. 20.
28. (1) Where a person whose British nationality was conditional upon his
complying with the second proviso to sub-section (1) of section 6 of the
Nationality Act 1920, or of that Act as amended from time to time, failed to
comply with that proviso, that person shall, if he would, but for that
failure, have been a British subject immediately prior to the date of
commencement of this Act, be deemed, for the purposes of this Act, then to
have been a British subject.
(2) In determining whether, for the purposes of the last preceding
sub-section, a woman who has married an alien would, but for her failure to
comply with the proviso referred to in that sub-section, have been a British
subject immediately prior to the date of the commencement of this Act, the
marriage shall be disregarded.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 29.
Wives and children of persons naturalized before 1st January, 1921.
SECT
Amended by No. 1, 1955, s. 8; and No. 99, 1973, s. 20.
29.* A person whose father or mother was granted a certificate of
naturalization in Australia before 1st January, 1921, or who is or has been
the wife of a person to whom such a certificate was granted, and who, by
reason only that the certificate was not a certificate of naturalization as
defined in section 5 of the Nationality Act 1920, was not deemed to be a
British subject, shall be deemed, for the purposes of this Act, to have been a
British subject immediately prior to the date of commencement of this Act.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 30.
Citizenship of children who ceased to be British subjects on loss of British
nationality of parent.
SECT
Sub-section (1) amended by No. 99, 1973, s. 20.
30. (1) This section shall apply to any person who-
(a) under the provisions of sub-section (1) of section 20 of the
Nationality Act 1920, or of that Act as amended from time to time, ceased to
be a British subject by reason that he was a minor child of a person ceasing
to be a British subject; and
(b) on the date of commencement of this Act, would, but for the provisions
of that sub-section, have been either an Australian citizen, or a British
subject without citizenship by virtue of section 26 of this Act,
and, in determining whether, for the purposes of this section, a woman who had
married an alien would, but for those provisions, have been an Australian
citizen or such a subject, the marriage shall be disregarded.
Amended by No. 63, 1958, s. 10; and No. 99, 1973, s. 16.
(2) If a person to whom this section applies makes and furnishes to the
Secretary a declaration in accordance with the prescribed form, within one
year after the date of the commencement of this Act or the date upon which he
attains the age of eighteen years, whichever is the later, or within such
further period as the Minister allows, that he wishes to resume British
nationality, the Secretary shall cause the declaration to be registered.
Substituted by No. 22, 1969, s. 17.
(3)* Upon the registration of the declaration, the person who made the
declaration becomes an Australian citizen or acquires the status of a British
subject without citizenship, as the case may be.
Substituted by No. 22, 1969, s. 17; amended by No. 99, 1973, s. 20.
(4)* The provisions of section 26 of this Act apply to a person who, under
this section, acquires the status of a British subject without citizenship.
Section 31 repealed by No. 1, 1955, s. 9.
* * * * * * * *
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 32.
Certificate of registration or naturalization in case of doubt.
SECT
PART V-MISCELLANEOUS
Sub-section (1) amended by No. 85, 1953, s. 8; and No. 22, 1969, s. 22.
32. (1) Notwithstanding anything contained in this Act, the Minister may,
upon application in accordance with the approved form, grant a certificate of
Australian citizenship to a person with respect to whose status as an
Australian citizen a doubt exists.
(2) Before granting the certificate, the Minister may require that person to
comply with such provisions of this Act as the Minister specifies.
(3) A certificate granted under this section shall, unless it is proved that
it was obtained by means of fraud, a false representation or the concealment
of some material fact, be conclusive evidence that the person was an
Australian citizen on the date of the certificate but without prejudice to any
evidence that he was an Australian citizen at an earlier date.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 33.
Citizenship by incorporation of territory.
SECT
33. (1) If any territory becomes a part of Australia, the GovernorGeneral
may, by order published in the Gazette, declare that the persons included in
such classes of persons as are specified in the order shall, as from such date
as is so specified, become Australian citizens by reason of their connexion
with that territory.
(2) A person included in any such class shall, as from the date so
specified, become an Australian citizen.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 34.
Legitimated children.
SECT
34. (1) A person born out of wedlock and legitimated by the subsequent
marriage of his parents shall, as from the date of the marriage or of the
commencement of this Act, whichever is the later, be treated, for the purpose
of determining whether he is an Australian citizen, or was a British subject
immediately prior to the date of the commencement of this Act, as if he had
been born in wedlock.
(2) A person shall not, for the purposes of this section, be deemed to have
been legitimated by the subsequent marriage of his parents unless, by the law
of the place in which his father was domiciled at the time of the marriage,
the marriage operated immediately or subsequently to legitimate him.
Added by No. 11, 1966, s. 10.
(3) Nothing in this section excludes or limits the effect that, by virtue of
Part VI of the Marriage Act 1961, a legitimation referred to in that Part has
for the purposes of this Act.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 35.
Posthumous children.
SECT
35. (1) Any reference in this Act to the status or description of the father
of a person at the time of that person's birth shall, in relation to a person
born after the death of his father, be construed as a reference to the status
or description of the father at the time of the father's death.
(2) Where the death occurred prior to, and the birth occurred after, the
date of commencement of this Act, the status or description which would have
been applicable to the father if he had died after that date shall be deemed
to be the status or description applicable to him at the time of his death.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 36.
Statement in support of application for registration or naturalization.
SECT
Substituted by No. 82, 1960, s. 3. Sub-section (1) amended by No. 22, 1969, s.
22.
36. (1) Subject to this section, an applicant for a certificate of
Australian citizenship shall furnish, in support of his application, a
statement in writing, signed by him, setting out-
(a) his name, address and occupation;
(b) the date and place of his birth; and
(c) such other matters as are prescribed.
(2) Where a matter required by the last preceding sub-section to be set out
in a statement by an applicant is not known to the applicant and cannot
reasonably be ascertained by him, that matter shall be taken to be
sufficiently set out in the statement if the statement contains such
information with respect to that matter as is known to the applicant.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 37.
Representations to Minister regarding applicants.
SECT
Sub-section (1) amended by No. 1, 1955, s. 11; and No. 22, 1969, s. 22.
37. (1) A person may make representations to the Minister in respect of a
person who has applied for a certificate of Australian citizenship.
(2) The representations shall be supported by a statutory declaration.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 38.
Confinement in gaol not to be reckoned as residence.
SECT
Amended by No. 22, 1969, s. 22.
38. Any period during which an applicant for a certificate of Australian
citizenship is confined in a gaol, reformatory, prison or hospital for the
insane in Australia or New Guinea shall be disregarded in determining the
period of residence for the purpose of the grant of such a certificate.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 39.
Determination of questions of residence, &c.
SECT
39. Where a question arises under this Act whether a person was ordinarily
resident in Australia or New Guinea, the question may be determined by the
Minister and his decision thereon shall be final.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 40.
Discretion of Minister.
SECT
40. The Minister may grant or refuse an application made to him without
assigning any reason.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 40A.
Delegation by Minister.
SECT
Inserted by No. 1, 1955, s. 12.
40A. (1) The Minister may, either generally or in relation to a particular
matter or class of matters, by writing under his hand, delegate any of his
powers and functions under this Act (except this power of delegation).
(2) A power or function so delegated may be exercised or performed by the
delegate either generally, or with respect to the matter, or to matters
included in the class of matters, specified in the instrument of delegation,
as the case may be.
(3) A delegation under this section is revocable at will and does not
prevent the exercise of a power or the performance of a function by the
Minister.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 41.
Formalities regarding oath or affirmation of allegiance.
SECT
Substituted by No. 85, 1953, s. 9; amended by No. 99, 1973, s. 20.
41. The Minister may make arrangements for the oath or affirmation of
allegiance referred to in section 16 to be taken or made in public and to be
accompanied by proceedings designed to impress upon applicants the
responsibilities and privileges of Australian citizenship.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 42.
Cancellation of certificates, returns of certificates, &c.
SECT
Amended by No. 79, 1959, s. 6; and No. 22, 1969, s. 22.
42. The Minister shall-
(a) cancel all certificates of Australian citizenship the holders of which
have been deprived of Australian citizenship;
(b) cause to be made indexes of certificates of Australian citizenship;
* * * * * * * *
(d) cause to be laid before both Houses of the Parliament as soon as
practicable after the thirtieth day of June in each year a return showing the
number of persons who have, in the year ending on that thirtieth day of June,
become Australian citizens by reason of the grant of certificates of
Australian citizenship, their former nationality or citizenship, and the
countries in which they ordinarily resided immediately before entering
Australia or New Guinea; and
(e) cause to be published in the Gazette from time to time a list of the
names and addresses of persons to whom certificates of Australian citizenship
have been granted or who have been deprived of Australian citizenship.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 43.
Evidence of declarations.
SECT
Amended by No. 99, 1973, s. 20.
43. A declaration made under this Act or under any other Act which was at
any time in force in relation to nationality or naturalization may be proved
in legal proceedings by the production of a copy of the original declaration
certified by the Minister or by a person thereto authorized in writing by the
Minister to be a true copy, and the production of the declaration or copy
shall be prima facie evidence that the person therein named as declarant made
the declaration on the date therein mentioned.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 44.
Evidence of entries in registers.
SECT
Amended by No. 99, 1973, s. 20.
44. An entry in a register made under this Act or under any other Act which
was at any time in force in relation to nationality or naturalization may be
proved by a copy certified by the Minister or by a person thereto authorized
in writing by the Minister, to be a true copy of the entry, and the copy of
the entry shall be prima facie evidence of any matters authorized by or under
this Act or any other such Act to be inserted in the register.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 44A.
Evidence of Australian citizenship.
SECT
Inserted by No. 99, 1973, s. 17.
44A. (1) In this section, unless the contrary intention appears-
''authorized officer'' means an officer authorized by the Secretary to issue
certificates under this section;
''prescribed evidentiary certificate'' means-
(a) a certificate issued under sub-section (2) of this section; or
(b) a certificate that was issued before the commencement of this
section under sub-section (3) of section 11C of the Citizenship Act 1948-1969
or of that Act as amended.
(2) Where the Secretary is satisfied that a person referred to in section
11B of the Citizenship Act 1948-1969 had, before the commencement of this
section, duly given a notice under section 11C of that Act or of that Act as
amended and has not ceased to be an Australian citizen, the Secretary shall,
on application by that person, cause an authorized officer to issue to that
person an evidentiary certificate in relation to the Australian citizenship of
that person.
(3) An evidentiary certificate under this section shall certify that the
person specified in the certificate is an Australian citizen.
(4) Where the Secretary is satisfied that a person to whom a prescribed
evidentiary certificate has been issued is not an Australian citizen, the
Secretary may, by order in writing under his hand, revoke the certificate.
(5) A prescribed evidentiary certificate is, unless the certificate is shown
to have been revoked either before or after the commencement of this section,
prima facie evidence that the person specified in the certificate is an
Australian citizen.
(6) The Secretary shall cancel all prescribed evidentiary certificates that
are revoked after the commencement of this section.
(7) An order under sub-section (4) may be proved in legal proceedings by the
production of a copy of the order together with a certificate signed by an
authorized officer certifying the copy to be a true copy.
(8) A prescribed evidentiary certificate, a certificate under subsection (8)
of section 11C of the Citizenship Act 1948-1969 or of that Act as amended or a
certificate referred to in sub-section (7) of this section is admissible in
evidence in legal proceedings without proof of the signature of the person
signing it or of the fact that he was entitled to sign it.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 45.
Definition of certificate of naturalization for certain purposes.
SECT
Amended by No. 79, 1959, s. 7; No. 22, 1969, s. 22; and No. 216, 1973, s. 3.
45. For the purposes of sections 46, 46A, 47, 48 and 49, ''certificate of
Australian citizenship'' includes a certificate of naturalization issued under
an Act repealed by this Act or by any other Act or under a State Act or under
an Ordinance of a Territory.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 46.
Issue and proof of certificates of naturalization, &c.
SECT
Substituted by No. 1, 1955, s. 13. Sub-section (1) amended by No. 22, 1969, s.
22.
46. (1) A certificate of Australian citizenship granted by the Minister
(including a delegate of the Minister) may be issued by a person authorized in
writing by the Minister to issue such certificates.
Amended by No. 22, 1969, s. 22.
(2) A document purporting to be a certificate of Australian citizenship, and
purporting to bear the printed or stamped signature of the Minister and to be
issued by a person by authority of the Minister shall, unless it is proved not
to have been issued by authority of the Minister (including a delegate of the
Minister), be deemed to be a certificate of Australian citizenship granted
under this Act.
Sub-section (3) omitted by No. 79, 1959, s. 8.
* * * * * * * *
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 46A.
Evidentiary certificates.
SECT
Inserted by No. 79, 1959, s. 9. Sub-section (1) amended by No. 22, 1969, s.
22.
46A. (1) Where a person-
(a) applies to the Secretary for an evidentiary certificate in relation to
a certificate of Australian citizenship that has at any time been granted to a
person specified in the application;
(b) furnishes sufficient information to enable the Secretary to identify
the official records relating to the grant of the certificate of Australian
citizenship; and
(c) pays the prescribed fee,
the Secretary shall cause an authorized officer to issue to the applicant, so
far as official records permit, an evidentiary certificate, in accordance with
this section, in relation to the certificate of Australian citizenship.
Amended by No. 22, 1969, s. 22; and No. 99, 1973, s. 20.
(2) Subject to sub-section (5), an evidentiary certificate under this
section shall-
(a) certify that a certificate of Australian citizenship was, on the date
and under the law specified in the evidentiary certificate, granted to the
person whose name is specified in the evidentiary certificate;
(b) where the name of any other person was included in the certificate of
Australian citizenship, certify accordingly;
(c) contain such further particulars as appear from official records to
have been contained in the certificate of Australian citizenship, and certify
that, according to official records, it appears that the certificate of
Australian citizenship included those particulars; and
(d) where it is appropriate to do so, certify that official records show
that the person to whom a certificate of Australian citizenship was granted
duly took an oath, or made an affirmation, of allegiance, on a specified date,
in accordance with the law under which that certificate was granted.
Amended by No. 22, 1969, s. 22.
(3) An authorized officer may include in an evidentiary certificate issued
under this section a statement, in accordance with official records, relating
to any amendment or cancellation of the certificate of Australian citizenship,
or the making or registration of any order or declaration, either under this
Act or a previous law of the Commonwealth, affecting the nationality or
citizenship of a person referred to in the certificate of Australian
citizenship.
Amended by No. 22, 1969, s. 22; and No. 99, 1973, s. 20.
(4) An evidentiary certificate under this section is prima facie evidence-
(a) of the matters certified in accordance with paragraphs (a) and (b) of
sub-section (2);
(b) of the fact that the particulars set out in accordance with paragraph
(c) of sub-section (2) were contained in the certificate of Australian
citizenship;
(c) of any matter certified in accordance with paragraph (d) of sub-section
(2) and of the correctness of the official records relating to the oath or
affirmation; and
(d) of any matter stated in the certificate in accordance with sub-section
(3).
Amended by No. 22, 1969, s. 22; and No. 99, 1973, s. 20.
(5) Particulars referred to in paragraph (c) of sub-section (2), other than
particulars relating to the former nationality or citizenship of the person to
whom the certificate of Australian citizenship was granted, shall not be
included in an evidentiary certificate under this section unless the
authorized officer is satisfied that-
(a) the evidentiary certificate is required by the person to whom the
certificate of Australian citizenship was granted, or a person whose name was
included in the certificate of Australian citizenship;
(b) the evidentiary certificate is required for the purpose of pending
legal proceedings in which evidence of the grant of the certificate of
Australian citizenship will be relevant and the inclusion of those particulars
is necessary for the purpose of those proceedings; or
(c) there are other special circumstances that justify the inclusion of
those particulars.
(6) An order under this Act may be proved in legal proceedings by the
production of a copy of the order, together with a certificate signed by an
authorized officer certifying the copy to be a true copy.
(7) An evidentiary certificate under this section or a certificate under the
last preceding sub-section is admissible in evidence in legal proceedings
without proof of the signature of the person signing it or of the fact that he
was an authorized officer.
(8) In this section, ''authorized officer'' means an officer authorized by
the Secretary to issue certificates under this section.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 47.
Amendment of certificates.
SECT
Sub-section (1) amended by No. 22, 1969, s. 22.
47. (1) Where the Minister is satisfied that it is desirable for any reason
that a certificate of Australian citizenship should be amended, he may amend
the certificate.
Substituted by No. 79, 1959, s. 10.
(2) A certificate that has been amended in pursuance of this section shall
be of effect as so amended.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 48.
Certificate of registration or naturalization to be surrendered where order of
deprivation made.
SECT
Amended by No. 70, 1952, s. 5; No. 11, 1966, s. 13; and No. 22, 1969, s. 22.
48. Where an order is made under this Act depriving a person of his
Australian citizenship, that person shall, upon demand by the Minister,
surrender his certificate of Australian citizenship to the Minister for
cancellation.
Penalty: Two hundred dollars.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 48A.
Evidentiary certificate to be surrendered where order of revocation made.
SECT
Inserted by No. 22, 1969, s. 18; amended by No. 99, 1973, s. 18.
48A. Where an order is made under sub-section (4) of section 44A revoking an
evidentiary certificate issued to a person, that person shall, upon demand by
the Secretary, surrender the certificate to the Secretary for cancellation.
Penalty: Two hundred dollars.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 49.
Offences in relation to certificates.
SECT
Sub-section (1) amended by No. 11, 1966, s. 13; and No. 22, 1969, s. 22.
49. (1) A person shall not, except in accordance with this Act or any other
law or as prescribed-
(a) part with the possession of a certificate of Australian citizenship
granted to him; or
(b) receive, or have in his possession, a certificate of Australian
citizenship not granted to him.
Penalty: Two hundred dollars.
Added by No. 22, 1969, s. 19.
(2) A person shall not, without lawful authority, alter, or cause or permit
to be altered, a certificate of Australian citizenship.
Penalty for a contravention of this sub-section: Four hundred dollars or
imprisonment for twelve months.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 50.
False representations, &c.
SECT
Substituted by No. 63, 1958, s. 11. Sub-section (1) amended by No. 11, 1966,
s. 13; and No. 22, 1969, s. 20.
50. (1) A person shall not, for a purpose of or in relation to this Act-
(a) make, or cause or permit to be made, a representation which is, to his
knowledge, false or a statement which is, to his knowledge, false in a
material particular; or
(b) conceal, or cause or permit to be concealed, a material circumstance.
Penalty: Two hundred dollars or imprisonment for six months.
(2) A prosecution for an offence against the last preceding subsection may
be commenced at any time within ten years after the commission of the
offence.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 51.
References in Commonwealth and Territory laws to British subjects.
SECT
Substituted by No. 22, 1969, s. 21.
51. (1) A reference in any other law of the Commonwealth to a British
subject shall be read as including a reference to an Australian citizen and to
any other person who, under this Act, has the status of a British subject or
has the status of a British subject without citizenship.
Amended by No. 99, 1973, s. 20.
(2) In this section, ''law of the Commonwealth'' means-
(a) an Act;
(b) an instrument (including regulations or rules) having effect by virtue
of an Act;
(c) an Ordinance of a Territory and any other law in force in a Territory;
(d) an instrument (including regulations or rules) having effect by virtue
of such an Ordinance or law; and
(e) an instrument having effect by virtue of any regulations or rules as
are mentioned in paragraph (b) or paragraph (d).
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 52.
Provisions of this Act to be exclusive of State laws.
SECT
52. The provisions of this Act shall apply to the exclusion of any
provisions, providing for British nationality or Australian citizenship, of
any law of a State, whether the law was passed or made before or after the
commencement of this section.
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. 53.
Regulations.
SECT
Amended by No. 85, 1953, s. 10; and No. 11, 1966, s. 13.
53. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters which by this Act are 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 time within which anything required or authorized to be done under
this Act shall be done;
(b) the registration of anything required or authorized under this Act to
be registered;
(c) the administration and taking of an oath of allegiance and the making
of an affirmation of allegiance for the purposes of this Act;
(d) the giving of any notice which under this Act is required or authorized
to be given to any person;
(e) the registration of the births and deaths of persons included in any
class or description of persons born or dying elsewhere than in Australia;
(f) the imposition and recovery of fees in respect of-
(i) any application under this Act;
(ii) any registration, the making of any declaration, the grant of any
certificate or the taking of the oath of allegiance authorized to be made,
granted or taken under this Act; and
(iii) the supplying of a certified or other copy of any declaration,
certificate or oath made, granted or taken under this Act;
(g) the issue of certificates declaratory of the Australian citizenship of
persons who are Australian citizens;
(h) the conditions upon which persons may render, for reward, services in
respect of applications under this Act including the charges which may be made
in respect of any such service;
(j) the imposition of penalties not exceeding a fine of One hundred
dollars, or imprisonment for a period not exceeding six months, for any
offence against the regulations; and
(k) the investing of any court of a State with federal jurisdiction to
order reparation for loss suffered by reason of any offence against this Act
or the regulations.
-----------
Heading and First Schedule repealed by No. 216, 1973, s. 3.
* * * * * * * *
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SCHEDULE 2
SCH
Substituted by No. 99, 1973, s. 19.
SCHEDULE 2
Section15
OATH OF ALLEGIANCE
I, A. B., renouncing all other allegiance, swear by Almighty God that I will
be faithful and bear true allegiance to Her Majesty Elizabeth the Second,
Queen of Australia, Her heirs and successors according to law, and that I will
faithfully observe the laws of Australia and fulfil my duties as an Australian
citizen.
AFFIRMATION OF ALLEGIANCE
I, A. B., renouncing all other allegiance, solemnly and sincerely promise
and declare that I will be faithful and bear true allegiance to Her Majesty
Elizabeth the Second, Queen of Australia, Her heirs and successors according
to law, and that I will faithfully observe the laws of Australia and fulfil my
duties as an Australian citizen.
-----------
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SCHEDULE 3
SCH
Substituted by No. 99, 1973, s. 19.
SCHEDULE 3
Section
26A
OATH OF ALLEGIANCE
I, A. B., renouncing all other allegiance, swear by Almighty God that I will
be faithful and bear true allegiance to Her Majesty Elizabeth the Second,
Queen of Australia, Her heirs and successors according to law.
AFFIRMATION OF ALLEGIANCE
I, A. B., renouncing all other allegiance, solemnly and sincerely promise
and declare that I will be faithful and bear true allegiance to Her Majesty
Elizabeth the Second, Queen of Australia, Her heirs and successors according
to law.
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--
AUSTRALIAN CITIZENSHIP ACT 1948-1973 - NOTES
NOTES
1. The Australian Citizenship Act 1948-1973 comprises the Nationality and
Citizenship Act 1948 as amended by the other Acts specified in the following
table:
----------------------------------------------------------------------------
Number Date of
Act and year Date of Assent commencement
----------------------------------------------------------------------------
Nationality and Citizenship Act
1948 No. 83, 1948 21 Dec 1948 26 Jan 1949
(see
Gazette 1949,
p.
197)
Nationality and Citizenship Act
1950 No. 58, 1950 14 Dec 1950 14 Dec 1950
Nationality and Citizenship Act
1952 No. 70, 1952 1 Nov 1952 29 Nov 1952
Nationality and Citizenship Act
1953 No. 85, 1953 11 Dec 1953 8 Jan 1954
Nationality and Citizenship Act
1955 No. 1, 1955 11 May 1955 11 May 1955
Nationality and Citizenship Act
1958 No. 63, 1958 8 Oct 1958 (a)
Nationality and Citizenship Act
1959 No. 79, 1959 1 Dec 1959 1 Dec 1959
Nationality and Citizenship Act
1960 No. 82, 1960 13 Dec 1960 13 Dec 1960
Nationality and Citizenship Act
1966 No. 11, 1966 6 May 1966 6 May 1966
Nationality and Citizenship Act
1967 No. 11, 1967 26 Apr 1967 24 May 1967
Citizenship Act 1969 No. 22, 1969 4 June 1969 (b)
Australian Citizenship Act 1973 No. 99, 1973 17 Sept 1973 (c)
Statute Law Revision Act 1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------
(a) The Nationality and Citizenship Act 1958, except section 9, came into
operation on the date of the Royal Assent. By sub-section 2 (2) of that Act,
section 9 came into operation on the day on which Part II of the Migration Act
1958 came into operation. Part II of that Act was proclaimed to come into
operation on 1 June 1959 (see Gazette 1959, p. 1831).
(b) Section 2 of the Citizenship Act 1969 provides as follows:
''2. (1) Sections 1, 2, 4 (other than paragraphs (a) and (b)), 5 (other
than paragraphs (a) and (b)), 9 to 11 (inclusive), 12 (other than paragraph
(b)), 13, 14, 20 and 23 of this Act shall come into operation on the day on
which this Act receives the Royal Assent.
''(2) The remaining provisions of this Act shall come into operation on
such date as is, or on such dates as respectively are, fixed by
Proclamation.''
The date fixed in respect of sections 4 (b), 7, 8, 12 (b), 18, 19 and 22
was 1 May 1970 (see Gazette 1970, p. 2756).
The date fixed in respect of sections 3, 4 (a), 5 (a) and (b), 6, 15-17
and 21 was 20 February 1973 (see Gazette 1973, No. 20, p. 3).
(c) Section 2 of the Australian Citizenship Act 1973 provides as follows:
''2. (1) Sections 1, 2 and 22 shall come into operation on the day on
which this Act receives the Royal Assent.
''(2) Sub-section (1) of section 3, sections 7 and 14, sub-section (2) of
section 15 and section 17 shall come into operation six months after the date
fixed under subsection (3).
''(3) The remaining provisions of this Act shall come into operation on a
date to be fixed by Proclamation.''
The date fixed was 1 December 1973 (see Gazette 1973, No. 140, p. 1).
The operation of the Australian Citizenship Act 1948-1973 is affected by the
Nationality and Citizenship (Burmese) Act 1950-1973.
2.-S.5 (1)-The definition of ''Australian consulate'' was substituted by
sub-section 3 (1) of the Nationality and Citizenship Act 1966. Sub-section 3
(2) of that Act provides as follows:
''(2) An office of the Department of Immigration at which a register of
births was kept at any time before the commencement of this section shall, for
the purposes of the Nationality and Citizenship Act 1948 or that Act as
amended, be deemed to have been, at that time, an Australian Consulate.''
3. Sub-section 10 (2) was substituted and sub-section 10 (3) was added by
sub-section 4 (1) of the Nationality and Citizenship Act 1966. Sub-section 4
(2) of that Act provides as follows:
''(2) The amendment made by the last preceding sub-section does not apply
in relation to a person born before the commencement of this section.''
4. Sub-section 25 (4A) was inserted by sub-section 7 (1) of the Nationality
and Citizenship Act 1953. Sub-section 7 (2) of that Act provides as follows:
''(2) The amendment effected by the last preceding sub-section shall be
deemed to have come into operation on the twenty-sixth day of January, One
thousand nine hundred and forty-nine.''
5. Sub-section 25 (7) was substituted by section 9 of the Nationality and
Citizenship Act 1958. In relation to the commencement of that section and of
Part II of the Migration Act 1958, see Note 1 (a) above.
6. Sub-section 26A (1) was substituted by sub-section 16 (1) of the
Citizenship Act 1969. Sub-section 16 (2) of that Act provides as follows:
''(2) Where immediately before the date of commencement of this section, a
woman was a British subject without citizenship by virtue of sub-section (3)
of section 26A of the Principal Act, she acquires the status of a British
subject without citizenship upon that date and shall, for the purposes of
section 26A of the Citizenship Act 1948-1969, be deemed to have acquired that
status under that section.''
7. Section 29 was amended by sub-section 8 (1) of the Nationality and
Citizenship Act 1955. Sub-section 8 (2) of that Act provides as follows:
''(2) The amendment made by the last preceding sub-section shall be deemed
to have come into operation on the day on which the Nationality and
Citizenship Act 1948 came into operation.''
That day was 26 January 1949.
8. Sub-sections 30 (3) and (4) were substituted by sub-section 17 (1) of the
Citizenship Act 1969. Sub-sections 17 (2) and (3) of that Act provide as
follows:
''(2) A person who, immediately before the date of commencement of this
section, was an Australian citizen by virtue of section 30 of the Principal
Act does not cease to be an Australian citizen by reason of the amendment made
by the last preceding sub-section.
''(3) Where a person was, immediately before the date of commencement of
this section, a British subject without citizenship by virtue of section 30 of
the Principal Act, that person acquires the status of a British subject
without citizenship upon that date and shall, for the purposes of section 30
of the Citizenship Act 1948-1969, be deemed to have acquired that status under
that section.''