Federal Register of Legislation - Australian Government

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SR 1975 No. 180 Regulations as made
Principal Regulations
Administered by: Foreign Affairs and Trade
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Gazetted 12 Sep 1975
Date of repeal 01 Oct 2017
Repealed by Sunsetting

PAPUA NEW GUINEA INDEPENDENCE (AUSTRALIAN CITIZENSHIP) REGULATIONS
(#DATE 10:09:1975)

- Dated 10 September 1975
*1* Notified in the Australian Government Gazette on 12 September 1975.

PAPUA NEW GUINEA INDEPENDENCE (AUSTRALIAN CITIZENSHIP)
REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Papua New Guinea Independence (Australian Citizenship) Regulations.

PAPUA NEW GUINEA INDEPENDENCE (AUSTRALIAN CITIZENSHIP)
REGULATIONS - REG 2
Commencement

2. These Regulations shall come into operation on Independence Day.

PAPUA NEW GUINEA INDEPENDENCE (AUSTRALIAN CITIZENSHIP)
REGULATIONS - REG 3
Definition

3. In these Regulations, "the Act" means the Australian Citizenship Act 1948-1973.

PAPUA NEW GUINEA INDEPENDENCE (AUSTRALIAN CITIZENSHIP)
REGULATIONS - REG 4
Acquisition of Papua New Guinea citizenship

4. A person who-
(a) immediately before Independence Day, was an Australian citizen within the meaning of the Act; and
(b) on Independence Day becomes a citizen of the Independent State of Papua New Guinea by virtue of the provisions of the Constitution of the Independent State of Papua New Guinea,
ceases on that day to be an Australian citizen.

PAPUA NEW GUINEA INDEPENDENCE (AUSTRALIAN CITIZENSHIP)
REGULATIONS - REG 5
Modifications and adaptations of Australian Citizenship Act

5. The Act is modified and adapted in accordance with the modifications and adaptations specified in the Schedule.

PAPUA NEW GUINEA INDEPENDENCE (AUSTRALIAN CITIZENSHIP)
REGULATIONS - SCHEDULE 1

SCH

SCHEDULE Regulation 5
MODIFICATIONS AND ADAPTATIONS OF PROVISIONS OF THE AUSTRALIAN
CITIZENSHIP ACT 1948-1973
Provision Modifications and Adaptations
Section 5
Omit from paragraph (b) of the definition of "Australian consulate" in
sub-section (1) "in New Guinea or".
Omit the definition of "New Guinea" in sub-section (1), substitute the
following definitions:-
" 'New Guinea' has the same meaning as 'the Territory of New Guinea'
had in the Papua New Guinea Act 1949-1975 immediately before 16
September 1975;
'Papua' has the same meaning as 'the Territory of Papua' had in the
Papua New Guinea Act 1949-1975 immediately before 16 September 1975;".
Section 8
Omit sub-paragraph (1) (b) (iii), substitute the following sub-paragraph:-
"(iii) that be had associations by way of descent, residence or
otherwise with Australia, Papua or New Guinea before 16 September 1975
or subsequently has had such associations with Australia.".
Section 11
Omit sub-paragraph 1 (b) (ii), substitute the following sub-paragraph:-
"(ii) was, or had the status of, a British subject and was ordinarily
resident-
(A) if the person was born before 16 September 1975in Australia,
Papua or New Guinea; or
(B) if the person was born on or after 16 September 1975-in
Australia.".
Section 14
Omit from paragraph (1) (c) "or New Guinea, or partly in Australia and
partly in New Guinea,".
Omit from paragraph (1) (d) "or New Guinea, or partly in Australia and
partly in New Guinea,".
Omit from paragraph (1) (h) "or New Guinea" (wherever occurring).
Omit from sub-section (6) "or New Guinea, or partly in Australia and
partly in New Guinea,".
Add at the end the following sub-section:-
"(10) For the purposes of this section, residence-
(a) before 16 September 1975-in Papua or New Guinea; and
(b) on or after 16 September 1975 and before 16 September 1978-in the
Independent State of Papua New Guinea,
shall, in relation to a person who-
(c) has applied under section 13 for the grant of a certificate of
Australian citizenship;
(d) is resident in Australia; and
(e) was, immediately before 16 September 1975, the holder of, or to
be deemed to be included in, an entry permit (not being a temporary
entry permit) issued under section 6 of the Migration Act 1958-1973,
and has continued to be the holder of, or to be deemed to be included
in, such an entry permit,
be deemed to have been residence in Australia.".
Section 17
Omit "and New Guinea".
Section 38
Omit "in Australia or New Guinea", substitute "on or after 16 September
1975 in Australia, or was so confined before 16 September 1975 in
Australia, Papua or New Guinea,".
Section 39
Omit "or New Guinea ", substitute ',Papua or New Guinea before 16
September 1975 or was so resident in Australia on or after 16 September
1975".
Section 42
Omit from paragraph (d) "or New Guinea", substitute", Papua or New
Guinea before 16 September 1975 or Australia on or after 16 September
1975".