Federal Register of Legislation - Australian Government

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SR 1961 No. 52 Regulations/Cocos (Keeling) Islands as amended, taking into account amendments up to SR 1979 No. 39
Principal Regulations; Repeals the former Cocos (Keeling) Islands (Citizenship) Regulations.
Registered 22 Mar 2010
Start Date 21 Mar 1979
End Date 08 May 2002
Date of repeal 09 May 2002
Repealed by Indian Ocean Territories Redundant Regulations (Repeal) Regulations 2002

COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS
(#DATE 30:09:1981)

- In force under Cocos (Keeling) Islands Act 1955 - Reprinted as at 30 September 1981 *1* The Cocos (Keeling) Islands (Citizenship) Regulations (in force under the
Cocos (Keeling) Islands Act 1955) as shown in this reprint comprise Statutory
Rules 1961 No. 52 as amended by the other Statutory Rules specified in the
following table:
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Year and Date of Date of Application, number notification commencement saving or in Gazette transitional
provisions
---------------------------------------------------------------------------- 1961 No. 52 13 Apr 1961 13 Apr 1961
1979 No. 39 21 Mar 1979 21 Mar 1979 -
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COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Regulation
1. Citation
2. Repeal
3. Interpretation
4. Form of declaration
5. Forwarding of declaration
6. Registration of declaration
7. Filing of declaration
8. Particulars, &c., may be required
9. Replacement of lost copy of declaration
10. Certified copy to be endorsed
11. Persons before whom declarations may be made
12. Penalties
SCHEDULE
Forms

COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS - REG 1.
Citation

1. These Regulations may be cited as the Cocos (Keeling) Islands (Citizenship) Regulations.*1* See notes to first article of this CHAPTER.

COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS - REG 2.
Repeal

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 The Cocos (Keeling) Islands (Citizenship) Regulations (comprising Statutory Rules 1955, No. 85; and 1958, No. 69) are repealed.

COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS - REG 3.
Interpretation

Amended by 1979 No. 39 r. 1
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 or 14A of the Act;

"Secretary" means Secretary to the Department of Immigration and Ethnic Affairs;

"the Act" means the Cocos (Keeling) Islands Act 1955-1958.

COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS - REG 4.
Form of declaration

Substituted by 1979 No. 39 r. 2
4. (1) A declaration under section 14 of the Act shall be in accordance with Form 1 in the Schedule.


(2) A declaration under section 14A of the Act shall be in accordance with Form 2 in the Schedule.


COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS - REG 5.
Forwarding of declaration

Sub-reg. (1) amended by 1979 No. 39 r. 3
5. (1) A person who makes a declaration may 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.


COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS - REG 6.
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.


COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS - REG 7.
Filing of declaration

Amended by 1979 No. 39 r. 4
7. The Secretary shall cause all registered declarations to be filed in the records of the Department of Immigration and Ethnic Affairs.


COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS - REG 8.
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.


COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS - REG 9.
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.


COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS - REG 10.
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.


COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS - REG 11.
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.


COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS - REG 12.
Penalties

Amended by 1979 No. 39 r. 5
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: $100 or imprisonment for three months.


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COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS - SCHEDULE

Heading "Schedule" substituted by 1979 No. 39 r. 6
Heading to Form 1 inserted by 1979 No. 39 r. 6

SCH

SCHEDULE

FORM 1
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)

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Added by 1979 No. 39 r. 6

SCH

FORM 2
Sub-regulation 4
(2)
COMMONWEALTH OF AUSTRALIA

Cocos (Keeling) Islands Act 1955

DECLARATION UNDER SECTION 14A

I, (full name) of (address) do solemnly and sincerely declare
as follows:

1. I am not an Australian citizen.


2. I was immediately before 23 November 1955 ordinarily resident in the
Cocos (Keeling) Islands.


3. I am ordinarily resident in* .


4. I was born on 19 .


5. I wish to become an Australian citizen.


Dated this day of 19 .


(Signature of the declarant)

Made and subscribed at

this day of 19 ,

before me
(Signature of the person before whom declaration is made)

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* Here insert "Australia" or the name of the external Territory where the
applicant is resident, as the case requires.


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