Australian Citizenship Act 1948 Act No. 83 of 1948 as
amended
This
compilation was prepared on 30 July 2002 taking into account amendments up to
Act No. 5 of 2002. The text of any of those amendments not in force on that
date is appended in the Notes section
Prepared
by the Office of Legislative Drafting,
Attorney-General's
Department, Canberra
An Act relating to Australian Citizenship
RECOGNISING
THAT:—
Australian citizenship represents formal membership of the
community of the Commonwealth of Australia; and Australian citizenship is a
common bond, involving reciprocal rights and obligations, uniting all
Australians, while respecting their diversity; and
Persons
granted Australian citizenship enjoy these rights and undertake to accept these
obligations
by pledging loyalty to Australia and its people, and by
sharing their democratic beliefs, and by respecting their rights and liberties,
and by upholding and obeying the laws of Australia:
This Act may be cited as the Australian Citizenship Act
1948.
This Act shall come into operation on a date to be fixed by
Proclamation.
Chapter 2 of the Criminal Code applies to all
offences against this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(1)
In this Act, unless the contrary
intention appears:
Australia, when
used in a geographical sense, includes the external territories.
Australian
consulate means:
(a)
the office of a diplomatic or
consular officer of the Australian Government;
(b)
an office in a country in which
there is no office of a kind referred to in paragraph (a), being an office
approved by the Minister; or
(c)
an office of the Department,
whether the office is situated in or outside Australia.
Australian reserve force means:
(a)
the Naval Reserve; or
(b)
the Army Reserve; or
(c)
the Air Force Reserve;
and
includes:
(d)
any reserve force that is a
predecessor (whether immediate or otherwise) of the Naval Reserve; and
(e)
any reserve force that is a
predecessor (whether immediate or otherwise) of the Army Reserve; and
(f)
any reserve force that is a
predecessor (whether immediate or otherwise) of the Air Force Reserve.
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.
electronic
communication means:
(a)
a communication of information in
the form of data, text or images by means of guided and/or unguided
electromagnetic energy; or
(b)
a communication of information in
the form of speech by means of guided and/or unguided electromagnetic energy,
where the speech is processed at its destination by an automated voice
recognition system.
illegal entrant means an illegal entrant within
the meaning of the Migration Act 1958 as in force immediately before 1
September 1994.
New
Guinea has the same meaning as the Territory of New Guinea
had in the Papua New Guinea Act 1949 immediately before 16 September
1975.
Papua has the
same meaning as the Territory of Papua had in the Papua New Guinea
Act 1949 immediately before 16 September 1975.
permanent
visa has the same meaning as in the Migration Act 1958.
prescribed
date means the day on which section 4 of the Migration
Legislation Amendment Act 1989 commences.
prescribed
Territory means Norfolk Island or the Territory of Cocos (Keeling)
Islands.
prison includes
any custodial institution at which a person convicted of an offence may be
required to serve the whole or a part of any sentence imposed upon the person
by reason of that conviction.
prohibited
immigrant means a prohibited immigrant within the meaning of the Migration
Act 1958 as in force from time to time before 2 April 1984.
prohibited
non-citizen means a prohibited non-citizen within the meaning of the Migration
Act 1958 as in force from time to time on or after 2 April 1984 but before
the prescribed date.
psychiatric
institution includes a psychiatric section of a hospital.
relevant
defence service means:
(a)
service in the permanent forces of
the Commonwealth; or
(b)
service by virtue of a notice
under section 26 of the National Service Act 1951 as in force at any
time before 26 November 1964.
return
endorsement means a return endorsement issued under section 11A of the Migration
Act 1958 before the day on which the Statute Law (Miscellaneous
Provisions) Act (No. 1) 1987 received the Royal Assent (being a return
endorsement that has not expired or been cancelled), and includes a document or
notation referred to in subsection 9(3) of the Migration Amendment Act 1979.
Secretary means the
Secretary to the Department.
special
category visa has the same meaning as in the Migration Act 1958.
special
purpose visa has the same meaning as in the Migration Act 1958.
unlawful
non-citizen has the same meaning as in the Migration Act 1958.
valid
entry permit has the same meaning as in the Migration Act 1958 as
in force immediately before 1 September 1994.
valid
permanent entry permit has the same meaning as in the Migration Act 1958
as in force immediately before 1 September 1994.
valid
visa has the same meaning as in the Migration Act 1958 as
in force immediately before 1 September 1994.
visa has the
same meaning as in the Migration Act 1958.
(2)
For the purposes of this Act, a
person is a responsible parent in relation to a child if:
(a)
the person is a parent of the
child except where, because of orders made under the Family Law Act 1975,
the person no longer has any parental responsibility for the child; or
(b)
the person (whether or not a
parent of the child) has a residence order in relation to the child; or
(c)
the person (whether or not a
parent of the child) has a specific issues order in relation to the child under
which the person is responsible for the child's long-term or day-to-day care,
welfare and development; or
(d)
the person (whether or not a
parent of the child) has guardianship or custody of the child, jointly or
otherwise, under a law in force in a foreign country or a law of the
Commonwealth, a State or a Territory, whether because of adoption, operation of
law, an order of a court or otherwise.
(2A)
Expressions used in paragraphs
(2)(a), (b) and (c) have the same meaning as in the Family Law Act 1975.
(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;
(b)
a person who, when a child, was
found abandoned in Australia shall, unless and until the contrary is proved, be
deemed:
(i)
to have been born in Australia;
(ii)
if born on or after 26 January
1949 and before 6 May 1966—to have been, at the time of birth, a person to whom
subsection 10(2) of this Act, as in force at that time, did not apply;
(iii)
if born on or after 6 May 1966 and
before the day on which the Australian Citizenship Amendment Act 1986 comes
into operation—to have been, at the time of birth, a person to whom subsections
10(2) and (3) of this Act, as in force at that time, did not apply; and
(iv)
if born on or after the day on
which the Australian Citizenship Amendment Act 1986 comes into
operation—to be, at the time of birth, a person to whom paragraph 10(2)(a) of
this Act applies and to whom subsection 10(3) of this Act does not apply;
(c)
a person shall be deemed not to
have attained a specified age until the commencement of the relevant
anniversary of the date of the person's birth; and
(e)
a person shall be deemed to be
ordinarily resident in a country if:
(i)
the person has his or her home in
that country; or
(ii)
that country is the country of his
or her permanent abode notwithstanding that he or she is temporarily absent
therefrom;
but the person shall be deemed not to be so resident if the
person resides in that country for a special or temporary purpose only.
(4)
A reference in this Act (other
than the definition of New Guinea in subsection (1)) 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.
(5)
For the purposes of this Act:
(a)
a reference to a period during
which a person is or has been confined in a prison includes a reference to a
period:
(i)
during which the person is or has
been an escapee from a prison; or
(ii)
during which the person is or has
been undergoing a sentence of periodic detention in a prison; and
(b)
a reference to a period during
which a person is or has been confined in a psychiatric institution by order of
a court includes a reference to a period during which the person is or has been
an escapee from the institution.
(6)
A child born to a woman as a
result of the carrying out, during the period in which the woman was married to
a man, of a medical procedure in relation to that woman, being a child who is
not biologically the child of that man, shall, for the purposes of this Act, be
deemed to be a child of that man and of no other man if the medical procedure
was carried out with the consent of that man.
(7)
Subsection (6) applies in relation
to a purported marriage that is void as if the purported marriage were a
marriage and as if the parties to the purported marriage were husband and wife
unless, at the time of the carrying out of the medical procedure referred to in
subsection (6), neither party to the purported marriage believed on reasonable
grounds that the purported marriage was valid.
(8)
In subsection (6), medical
procedure means artificial insemination or the implantation of an embryo in
the body of a woman.
(1)
A person who is not an Australian
citizen shall be taken to be, or to have been, a permanent resident for the
purposes of this Act:
(a)
in relation to a period before 2
April 1984 during which the person was present in Australia (other than a
prescribed Territory), if:
(i)
the person's continued presence in
Australia (other than a prescribed Territory) was not, during that period,
subject to any limitation as to time imposed by law;
(ii)
the person was not, during that
period, a prohibited immigrant; and
(iii)
the person was not, during that
period, a person who, if an event of the kind referred to in paragraph 8(3)(a),
(b), (c) or (d) of the Migration Act 1958 as in force from time to time
during that period had occurred, would have become a prohibited immigrant by
virtue of subsection 8(3) of that Act as so in force, or, in a case where he or
she was such a person, he or she was, during that period, a person to whom a
declaration in force under subsection
(2)
applies;
(b)
in relation to a period on or
after 2 April 1984 and before the prescribed date during which the person was
present in Australia (other than a prescribed Territory), if:
(i)
the person's continued presence in
Australia (other than a prescribed Territory) was not, during that period,
subject to any limitation as to time imposed by law;
(ii)
the person was not, during that
period, a prohibited non-citizen; and
(iii)
the person was not, during that
period, a person who, if an event of the kind referred to in paragraph 8(3)(a),
(b), (c) or (d) of the Migration Act 1958 as in force from time to time
during that period had occurred, would have become a prohibited non-citizen by
virtue of subsection 8(3) of that Act as so in force or, in a case where he or
she was such a person, he or she was, during that period, a person to whom a
declaration in force under subsection
(2)
applies;
(ba)
in relation to a period on or
after the prescribed date and before 1 September 1994 during which the person
was present in Australia (other than a prescribed Territory), if:
(i)
the person's continued presence in
Australia (other than a prescribed Territory) was not during that period,
subject to any limitation as to time imposed by law;
(ii)
the person was not, during that
period, an illegal entrant; and
(iii)
the person was not, during that
period, a person who, if an event of the kind referred to in paragraph 9(a),
(b), (c), (d), (e) or (g) of the Migration Act 1958 as in force from
time to time during that period had occurred, would have become an illegal
entrant because of subsection 14(4) of that Act as so in force or, in a case
where he or she was such a person, he or she was, during that period, a person
to whom a declaration in force under subsection (2) applies;
(bb)
in relation to a period on or
after 1 September 1994 if:
(i)
the person was present in
Australia and held a permanent visa; or
(ii)
a declaration under subsection (2)
applied to the person;
(c)
in relation to a period during
which the person was present in a prescribed Territory, if:
(i)
the person's continued presence in
that Territory was not, during that period, subject to any limitation as to
time imposed by law, or, in a case where the person's continued presence in
that Territory was subject to such a limitation, he or she would have been a
permanent resident for the purposes of this Act if he or she had been present in
Australia (other than a prescribed Territory), or if he or she had been present
in the other prescribed Territory, during that period; and
(ii)
the person's presence in that
Territory during that period was not in contravention of a law of that Territory;
or
(d)
in relation to a period during
which the person was not present in Australia, if the person was, during that
period:
(i)
the holder of, or deemed to be
included in:
(A)
a valid visa that is in a class of visas prescribed for the purposes of this
sub-subparagraph or a return endorsement that was in force; or
(B) a document or endorsement in force under a law of a prescribed Territory,
being a document or endorsement that, under the regulations, is to be treated
as, or having been during a specified period, the equivalent of a visa referred
to in sub-subparagraph (A) or a return endorsement during that period; or
(ii)
a person included in a class of
persons declared by the regulations to be, or to have been during a specified
period, permanent residents for the purposes of this Act, being persons who
have, or have had, an association with a prescribed Territory.
(2)
The Minister may, by instrument in
writing, declare that persons included in a specified class of persons, being
persons (other than Australian citizens) who:
(a)
if an event of the kind referred
to in paragraph 8(3)(d) of the Migration Act 1958, as in force from time
to time before 2 April 1984, had occurred, would have become prohibited
immigrants by virtue of subsection 8(3) of that Act as so in force;
(b)
if an event of the kind referred
to in paragraph 8(3)(d) of the Migration Act 1958, as in force from time
to time on or after 2 April 1984 but before the prescribed date, had occurred,
would have become prohibited non-citizens by virtue of subsection 8(3) of that
Act as so in force; or
(c)
if an event of the kind referred
to in paragraph 9(e) of the Migration Act 1958, as in force from time to
time on or after the prescribed date but before 1 September 1994, had occurred,
would have become illegal entrants because of subsection 14(4) of that Act as
so in force; or
(d)
are the holders of special
category visas or special purpose visas; or
(e)
are, or have been, the holders of
special category visas and who are either:
(i)
ordinarily resident in Australia;
or
(ii)
the spouse, widow or widower of an
Australian citizen;
shall
be taken to be, or to have been during a specified period, persons to whom this
subsection applies.
(3)
Regulations made by virtue of
subsection (1) or a declaration under subsection (2) may be expressed to relate
to a period commencing on a date earlier than the date on which those
regulations were made or that declaration was made.
(4)
A copy of an instrument under
subsection (2) shall be published in the Gazette.
(5)
Notwithstanding the preceding
provisions of this section, where a person who has travelled to Australia by
virtue of a statutory visitor's visa has entered into Australia, the person
shall not be taken by virtue of this section to be a permanent resident for the
purposes of this Act at any time when:
(a)
the relevant certificate issued
under that section is in force; and
(b)
the person is not the holder of a
valid permanent entry permit.
(5A)
In spite of anything in this
section, if a person who has travelled to Australia by virtue of a criminal
justice visa has entered Australia, the person is not to be taken, under this
section, to be a permanent resident for the purpose of this Act at any time
when:
(a)
the criminal justice visa is in
effect; and
(b)
the person is not the holder of a
permanent visa.
(6)
In this section:
statutory
visitor's visa means:
(a)
a visa granted before the
prescribed date under section 11AB of the Migration Act 1958 as in force
from time to time before the prescribed date; or
(b)
a visa granted on or after the
prescribed date under section 51 of the Migration Act 1958 as in force
from time to time on or after the prescribed date and before 1 September 1994.
This Act shall extend to the Territories.
(1)
Subject to this section, a person
born in Australia after the commencement of this Act shall be an Australian
citizen.
(2)
Subject to subsection (3), a
person born in Australia after the commencement of the Australian
Citizenship Amendment Act 1986 shall be an Australian citizen by virtue of
that birth if and only if:
(a)
a parent of the person was, at the
time of the person's birth, an Australian citizen or a permanent resident; or
(b)
the person has, throughout the
period of 10 years commencing on the day on which the person was born, been
ordinarily resident in Australia.
(3)
Subject to subsection (5), a
person shall not be an Australian citizen by virtue of this section if, at the
time of the person's birth, a parent of the person was an enemy alien and the
birth occurred in a place then under occupation by the enemy.
(5)
Subsection (3) does not apply in
relation to a person if, at the time of the person's birth, a parent of the
person:
(a)
was an Australian citizen or a
permanent resident; and
(b)
was not an enemy alien.
(6)
A reference in this section to a
permanent resident does not include a reference to a person who is, for the
purposes of the Migration Act 1958, an exempt non-citizen.
A person, not being an Australian citizen, who:
(a)
under a law in force in a State or
Territory, is adopted by an Australian citizen or jointly by 2 persons at least
one of whom is an Australian citizen; and
(b)
at the time of the person's
adoption is present in Australia as a permanent resident;
shall
be an Australian citizen.
(1)
A person born outside Australia
(in this subsection referred to as the relevant person) is an Australian
citizen if:
(a)
the name of the relevant person is
registered for the purposes of this section at an Australian consulate, and the
registration is the result of an application made within 25 years of the
person's birth to register the person's name for those purposes; and
(b)
a person, being a parent of the
relevant person at the time of the birth of the relevant person:
(i)
was at that time an Australian
citizen who had acquired Australian citizenship otherwise than by descent; or
(ii)
was:
(A)
at that time an Australian citizen who had acquired Australian citizenship by
descent; and
(B) at any time before the registration of the name of the relevant person
(including a time before the birth of the relevant person), present in
Australia, otherwise than as a prohibited immigrant, as a prohibited
non-citizen, as an illegal entrant, as an unlawful non-citizen, or in contravention
of a law of a prescribed Territory, for a period of, or for periods amounting
in the aggregate to, not less than 2 years.
Note: for the meaning of acquiring Australian citizenship by
descent, see subsection (5).
(1A)
If the relevant person referred to
in subsection (1) has attained the age of 18 years, the name of the
relevant person must not be registered for the purposes of this section unless
the Minister is satisfied that the relevant person is of good character.
(2)
Where, at the time of the birth of
a child (in this subsection referred to as the relevant child), one of
the parents of the relevant child was not an Australian citizen, the name of
the relevant child shall not be registered for the purposes of this section at
an Australian consulate unless the person applying to register the name
declares in writing to the person to whom the application is made, or otherwise
satisfies that person, that:
(a)
at least one person who is, at the
time of the application, a responsible parent of the relevant child, was, at
the time of the birth of the relevant child:
(i)
a parent of the relevant child;
and
(ii)
an Australian citizen; or
(b)
a person who was, at the time of
the birth of the relevant child:
(i)
a parent of the relevant child;
and
(ii)
an Australian citizen;
is dead.
(3)
The validity of the registration
at an Australian consulate of the name of a person is not affected by a failure
to comply with subsection (2) in relation to that registration.
(4)
A person born outside Australia is
an Australian citizen if, before the commencement of the Australian
Citizenship Amendment Act 1990:
(a)
an application was made to
register the person's name at an Australian consulate for the purposes of this
section before the person turned 18; and
(b)
the person's name was so
registered even though the person had turned 18 at the time of registration.
(5)
For the purposes of this section,
a person acquires Australian citizenship by descent if the person acquires Australian
citizenship under:
(a)
this section; or
(b)
section 10C; or
(c)
section 11 of this Act as in force
at any time before or after the commencement of this section.
(1)
A person who is registered under
this section is an Australian citizen.
(2)
A person may apply to the Minister
to be registered under this section.
(3)
The application must be in
accordance with the approved form.
(4)
The Minister must register, in the
prescribed manner, an applicant for registration under this section if:
(a)
a natural parent of the applicant
was an Australian citizen at the time of the birth of the applicant; and
(b)
that parent:
(i)
is an Australian citizen at the
time an application under this section is made; or
(ii)
is dead and at the time of his or
her death was an Australian citizen; and
(c)
the applicant:
(i)
was born outside Australia on or
after 26 January 1949; and
(ii)
is aged 18 years or over on the
day on which this section commences; and
(iii)
failed for an acceptable reason to
become registered as an Australian citizen under:
(A)
section 10B; or
(B) section 11 of this Act as in force at any time before the commencement of
section 10B; and
(d)
the Minister is satisfied that the
applicant is of good character.
Note: acceptable reason is defined in subsection (5).
(5)
For the purposes of subparagraph
(4)(c)(iii), an applicant has an acceptable reason if and only if:
(a)
an Australian passport has been
issued to the applicant; or
(b)
the applicant's name has been on
an Electoral Roll under the Commonwealth Electoral Act 1918; or
(c)
the applicant was unaware of the
requirement of registration for the purposes of obtaining Australian
citizenship by descent under section 10B or under section 11 of this Act as in
force at any time before the commencement of section 10B; or
(d)
the applicant has a reason for
failing to become registered that is declared by the regulations to be an
acceptable reason for the purposes of this section.
(6)
If the Minister decides not to
register an applicant under this section, the Minister must inform the
applicant of that decision by written notice served personally, by post or by
an electronic communication.
(7)
A notice served on an applicant
under subsection (6) must include:
(a)
reasons for the decision; and
(b)
notification of the applicant's
entitlement to apply for review of the decision under section 52A.
(1)
A person born outside Australia or
New Guinea before 26 January 1949 may, within 5 years after the commencement of
this section, apply to the Minister for his or her registration under this
section as an Australian citizen if the person's natural mother became an
Australian citizen on 26 January 1949 and, before that day:
(a)
was born in Australia or New
Guinea; or
(b)
was naturalised in Australia.
(2)
The application may include any
natural child of the applicant, regardless of the child's age.
(2A)
The application must be in
accordance with the approved form.
(3)
The Minister must register, in the
prescribed manner, the applicant as an Australian citizen where the Minister is
satisfied that the applicant:
(a)
was present in Australia for any
time before 1 May 1987; and
(b)
is of good character.
(4)
The applicant, and any natural
child of the applicant included in the application, becomes an Australian
citizen on the day on which the applicant is registered as an Australian
citizen.
(5)
If the Minister makes a decision
under subsection (3) and the applicant is not to be registered as an Australian
citizen, the Minister must cause to be served on the applicant a notice in
writing setting out that decision. The notice may be served personally, by post
or by an electronic communication.
(6)
A notice served on an applicant
under subsection (5) must include:
(a)
reasons for the decision; and
(b)
notification of the applicant's
entitlement to apply for review of the decision under section 52A.
This Division does not apply to a person who is an
Australian citizen.
(1)
Subject to this section, the
Minister may, in the Minister's discretion, upon application in accordance with
the approved form, grant a certificate of Australian citizenship to a person
who satisfies the Minister that:
(a)
the person is a permanent
resident;
(b)
the person has attained the age of
18 years;
(c)
the person understands the nature
of the application;
(d)
the person has been present in
Australia as a permanent resident for a period of, or for periods amounting in
the aggregate to, not less than one year during the period of 2 years
immediately preceding the date of the furnishing of the application;
(e)
the person has been present in
Australia as a permanent resident for a period of, or for periods amounting in
the aggregate to, not less than 2 years during the period of 5 years
immediately preceding the date of the furnishing of the application;
(f)
the person is of good character;
(g)
the person possesses a basic
knowledge of the English language;
(h)
the person has an adequate
knowledge of the responsibilities and privileges of Australian citizenship; and
(j)
if granted a certificate of
Australian citizenship, the person is likely to reside, or to continue to
reside, in Australia, or to maintain a close and continuing association with Australia.
(1A)
The Minister shall not grant a
certificate of Australian citizenship to a person under subsection (1) at a
time when the person is not present in Australia unless:
(a)
the person is a permanent
resident; and
(b)
the Minister considers that the
person is engaged in activities outside Australia that are beneficial to the
interests of Australia.
(2)
Where, by reason of a physical or
mental incapacity, not being a temporary incapacity, an applicant under
subsection (1) is not capable of understanding the nature of that application,
paragraphs (1)(c), (g) and (h) do not apply in relation to that person.
(3)
Paragraphs (1)(d) and (e) do not
apply in relation to:
(a)
a person who has completed not
less than 3 months' relevant defence service; or
(b)
a person who has been discharged
from relevant defence service, before completing 3 months of that service, as
medically unfit for service or further service and who became medically unfit
by reason of the person's relevant defence service.
(3A)
Paragraphs (1)(d) and (e) do
not apply in relation to:
(a)
a person who has completed
full-time service as a member of an Australian reserve force for a period of,
or for periods amounting in the aggregate to, not less than 6 months; or
(b)
a person who:
(i)
has been discharged from service
as a member of an Australian reserve force before completing full-time service
as such a member for a period of, or for periods amounting in the aggregate to,
6 months; and
(ii)
was so discharged as medically
unfit for service or further service; and
(iii)
was so discharged while
undertaking full-time service as a member of the reserve force; and
(iv)
became medically unfit for service
because of the person's service as a member of the reserve force.
(4)
For the purposes of the
application of subsection (1) in relation to an applicant for the grant of a
certificate of Australian citizenship:
(a)
the Minister shall not take into
account, as a period during which the applicant has been present in Australia
as a permanent resident, any period during which the applicant has been confined
in a prison or has been confined in a psychiatric institution by order of a
court made in connection with criminal proceedings against the person; and
(b)
subject to paragraph (a), the
Minister may, in the Minister's discretion:
(i)
treat a period during which the
applicant:
(A)
was a permanent resident;
(B) was not present in Australia; and
(C) was engaged in activities that the Minister considers beneficial to the
interests of Australia;
as a period during which the applicant was present in Australia
as a permanent resident;
(ii)
treat a period ending before the
period of 5 years referred to in paragraph (1)(e), being a period during which
the applicant was present in Australia as a permanent resident, as a period
within that period of 5 years;
(iv)
if the Minister considers that the
applicant would suffer significant hardship or disadvantage if a certificate of
Australian citizenship were not granted to the applicant—treat a period during
which the applicant was present in Australia otherwise than as a prohibited
immigrant, as a prohibited non-citizen, as an illegal entrant, as an unlawful
non-citizen, or in contravention of a law of a prescribed Territory, as a
period during which the applicant was present in Australia as a permanent resident;
or
(v)
if the Minister considers that an
applicant who is a permanent resident was, by reason of an administrative
error, not a permanent resident during a period during which the person was
present in Australia—treat the period as a period during which the applicant
was present in Australia as a permanent resident.
(5)
Paragraph (1)(e) does not apply in
relation to a person who was formerly an Australian citizen or who was born in
Australia.
(6)
Paragraphs (1)(g) and (h) do not
apply in relation to a person who satisfies the Minister that the person is
suffering (otherwise than temporarily) from a loss, or from a substantial
impairment, of hearing, speech or sight.
(7)
Paragraph (1)(g) does not apply to
a person who has attained the age of 50 years.
(8)
Paragraph (1)(h) does not apply to
a person who has attained the age of 60 years.
(9)
Subject to subsection (11), the
Minister may, in the Minister's discretion, upon application in accordance with
the approved form, grant a certificate of Australian citizenship to a person:
(a)
who has not attained the age of 18
years;
(b)
who:
(i)
has attained the age of 18 years;
and
(ii)
has made the application before
attaining that age;
(c)
who is a permanent resident and is
the spouse, widow or widower of an Australian citizen; or
(d)
who:
(i)
has attained the age of 16 years;
and
(ii)
is a permanent resident and the
spouse of a person who has been granted a certificate of Australian citizenship
but has not yet acquired Australian citizenship by virtue of the operation of
section 15.
(9A)
Subsection (9) does not apply to a
person to whom subsection 5A(5) applies.
(9B)
Subject to subsection (11),
the Minister may, in the Minister's discretion, on application in accordance
with the approved form, grant a certificate of Australian citizenship to a
child if:
(a)
the child was under 16 at the time
of the application; and
(b)
the application is set out in the
same document as an application made under subsection (1) by a responsible
parent of the child for the grant of a certificate of Australian citizenship to
the responsible parent.
(9C)
The same form may be approved for
the purposes of subsections (1) and (9B).
(9D)
An application under
subsection (9B) may be set out in the same document as an application
under subsection (1) if the applicant under subsection (1) is a
responsible parent of the applicant under subsection (9B).
(9E)
Subject to subsection (11),
the Minister may, in the Minister's discretion, on application in accordance
with the approved form, grant a certificate of Australian citizenship to a
child if, at the time of the application:
(a)
the child was under 16; and
(b)
a responsible parent of the child
is an Australian citizen because of the operation of section 15.
(11)
The Minister shall not grant a
certificate of Australian citizenship to a person under subsection (1), (9),
(9B) or (9E):
(a)
during any period during which
proceedings for an offence against a law of the Commonwealth, a State or a
Territory (including proceedings by way of appeal or review) are pending in
relation to the person; or
(b)
during any period during which the
person is confined to a prison in Australia; or
(c)
during the period of 2 years after
the expiration of any period during which the person has been confined in a
prison in Australia by reason of the imposition on the person of:
(i)
a sentence of death that has been
commuted to a sentence of imprisonment; or
(ii)
a sentence of imprisonment for
life or for a period of not less than 12 months; or
(ca)
if the person is a serious repeat
offender in relation to a sentence of imprisonment (within the meaning of
subsection (11A))—during the period of 10 years after the end of any
period during which the person has been confined in a prison in Australia
because of the imposition on the person of that sentence; or
(d)
if the person has been released
from serving the whole or a part of a sentence of imprisonment on parole or
upon licence to be at large—during any period during which action can be taken
in respect of the person under a law of the Commonwealth, a State or a
Territory by way of requiring the person to serve the whole of that sentence,
or the whole or a part of the remainder of that sentence, as the case requires;
or
(e)
if the person has been released by
a court from serving the whole or a part of a sentence of imprisonment upon the
person's giving a relevant security—during any period during which action can
be taken in respect of the person under a law of the Commonwealth, a State or a
Territory by reason of a breach of a condition of that security; or
(f)
during any period during which the
person is confined in a psychiatric institution by order of a court made in
connection with proceedings of the kind referred to in paragraph (a) in
relation to the person; or
(g)
if the person has ceased to be an
Australian citizen—during the period of 12 months commencing on the day on
which the person ceased, or last ceased, to be an Australian citizen.
(11A)
For the purposes of
paragraph (11)(ca), if:
(a)
a serious prison sentence was
imposed on a person; and
(b)
the person was confined in a
prison in Australia because of the imposition of that sentence; and
(c)
another serious prison sentence
was imposed on the person in relation to an offence committed by the person at
a time after the person ceased to be confined in prison because of the
imposition of the sentence mentioned in paragraph (a);
the
person is a serious repeat offender in relation to the other sentence.
For this purpose, a serious prison sentence is:
(d)
a sentence of imprisonment for
life; or
(e)
a sentence of imprisonment for a
period of not less than 12 months.
(12)
Where the Minister makes a
decision under this section refusing an application and the applicant is
present in Australia, the Minister shall cause to be served on the applicant a
notice in writing setting out that decision. The notice may be served
personally, by post or by an electronic communication.
(13)
Nothing in paragraph (4)(a) or
subsection (11) shall be taken, by implication, to limit the generality of
paragraph (1)(f).
(16)
A reference in paragraph (4)(a) or
(11)(c) to a period during which a person has been confined in a prison does
not include a reference to a period during which the person has been so
confined by reason only of the person's serving a sentence relating to a
conviction that has subsequently been quashed.
(17)
In paragraph (11)(e), relevant
security means a security given by a person, with or without sureties, by
recognizance or otherwise, that the person will comply with conditions relating
to the person's behaviour.
(1)
Subject to subsection (2), where:
(a)
an application is made to the
Minister under section 13; and
(b)
it appears to the Minister at a
particular time that:
(i)
if the Minister were to complete
consideration of the application at that time, the Minister would be likely to
refuse the application (otherwise than by reason of the operation of paragraph
13(1)(d) or (e)); and
(ii)
having regard to the effluxion of
time, or to the likelihood of a change in circumstances, the Minister would be
likely to grant the application if consideration of the application were
deferred for such period as the Minister determines;
the
Minister may, in the Minister's discretion, defer consideration of the
application until the expiration of that period.
(2)
The Minister shall not defer consideration
of an application made under section 13 for a period that exceeds, or for
periods that, in the aggregate, exceed, 12 months.
(3)
Where, in accordance with
subsection (1), the Minister decides to defer consideration of an application
until the expiration of a period:
(a)
if the applicant is present in
Australia, the Minister shall cause to be served on the applicant a notice in
writing setting out that decision; and
(b)
section 13 and subsection (1) of
this section apply in relation to the application as if it had been furnished
immediately before the expiration of that period.
A
notice under paragraph (a) may be served personally, by post or by an
electronic communication.
(4)
Nothing in this section prevents:
(a)
an applicant under section 13 from
withdrawing the application; or
(b)
a person whose application under
section 13 has been refused from making a further application or applications
under that section.
(1)
If:
(a)
an application is made to the
Minister under section 13; and
(b)
it appears to the Minister that:
(i)
a visa held by the applicant may
be cancelled under a provision of the Migration Act 1958 (whether or not
the person has been given any notice to that effect); or
(ii)
the person has been charged, or
may be charged, with an offence under a law of the Commonwealth, a State or a
Territory;
the
Minister may defer consideration of the application until the end of a period
determined by the Minister.
(2)
The Minister must not defer
consideration of an application for a period that exceeds, or for periods that
in total exceed, 12 months.
(3)
If:
(a)
the Minister decides to defer
consideration of an application; and
(b)
the applicant is present in
Australia;
the
Minister must give the applicant written notice setting out the decision. The
notice may be served personally, by post or by an electronic communication.
(4)
If the Minister decides to defer
consideration of an application, section 13 and subsection (1) of this section
apply in relation to the application as if it had been furnished immediately
before the end of that period.
(5)
Nothing in this section prevents:
(a)
an applicant from withdrawing the
application; or
(b)
a person whose application under
section 13 has been refused from making a further application or applications
under that section.
(1)
If:
(a)
a certificate of Australian
citizenship has been granted to a person under this Division after the
commencement of this section; and
(b)
the person has not become an
Australian citizen under section 15; and
(c)
either:
(i)
if it were assumed that the
certificate had not been granted and the person were to make a fresh
application for the certificate, the Minister would be required to make a
decision under section 13 refusing the application; or
(ii)
the person has failed to make a
pledge of commitment within 12 months after the day on which the person was
notified of the Minister's decision under section 13 to grant the
certificate, and the person does not have an acceptable reason for the failure;
the
Minister may, in the Minister's discretion, revoke the grant of the
certificate.
(2)
For the purposes of the
application of subparagraph (1)(c)(i) to a person to whom a certificate of
Australian citizenship has been granted as a result of an application under
subsection 13(1) (the actual application):
(a)
paragraphs 13(1)(d) and (e) and subsection
13(4) apply as if the date of the furnishing of the fresh application were the
same as the date of the furnishing of the actual application; and
(b)
the remaining provisions of
section 13 apply as if the fresh application had been made on the day
before the day on which the Minister makes a decision under subsection (1)
of this section whether to revoke the grant of the certificate.
(3)
For the purposes of the
application of subparagraph (1)(c)(i) to a person to whom a certificate of
Australian citizenship has been granted as a result of an application under
subsection 13(9) (the actual application):
(a)
paragraph 13(9)(b) applies as if
the fresh application were made on the same day as the actual application; and
(b)
the remaining provisions of
section 13 apply as if the fresh application had been made on the day
before the day on which the Minister makes a decision under subsection (1)
of this section whether to revoke the grant of the certificate.
(4)
For the purposes of
subparagraph (1)(c)(ii), a reason is an acceptable reason if, and
only if, the reason is declared by the regulations to be an acceptable reason
for the purposes of this section.
(5)
If the Minister revokes the grant
of a certificate, the Minister must give the person concerned a written notice
of the revocation. The notice may be served personally, by post or by an
electronic communication.
(6)
If the Minister revokes the grant
of a certificate (whether or not notice has been given under
subsection (5)), the person concerned is taken not to be a person to whom
a certificate of Australian citizenship has been granted under this Division.
(1)
If:
(a)
a certificate of Australian
citizenship has been granted to a person under this Division after the
commencement of this section; and
(b)
the person has not become an
Australian citizen under section 15; and
(c)
it appears to the Minister that:
(i)
a visa held by the person may be
cancelled under a provision of the Migration Act 1958 (whether or not
the person has been given any notice to that effect); or
(ii)
the person has been charged, or
may be charged, with an offence under a law of the Commonwealth, a State or a
Territory;
the
Minister may, in the Minister's discretion, defer the conferral of Australian
citizenship on the person until the end of a period determined by the Minister.
(2)
The Minister must not defer the
conferral of Australian citizenship on a person for a period that exceeds, or
for periods that in total exceed, 12 months.
(3)
If:
(a)
the Minister decides to defer the
conferral of Australian citizenship on a person; and
(b)
the person is present in
Australia;
the
Minister must give the person a written notice setting out the decision. The
notice may be served personally, by post or by an electronic communication.
(4)
If the Minister decides to defer
the conferral of Australian citizenship on a person until the end of a
particular period, the person must not make a pledge of commitment before the
end of that period.
(1)
A person to whom a certificate of
Australian citizenship has been granted under this Division (other than
subsection 13(9B) or (9E)) shall be an Australian citizen:
(a)
in the case of a person:
(i)
who, at any time after lodging an
application for a certificate of Australian citizenship (including a time after
the grant of the certificate), makes a pledge of commitment in the manner
provided by this section and in accordance with either of the forms set out in
Schedule 2; and
(ii)
to whom paragraph (b) does not
apply;
on and after the day on which the certificate is granted or
on which the person makes such a pledge of commitment, whichever last occurs;
or
(b)
in the case of a person:
(i)
who has not attained the age of 16
years; or
(ii)
to whom subsection 13(2) applies;
on and after the day on which the certificate is granted.
(2)
A pledge of commitment shall:
(a)
be made before any of the
following persons:
(i)
the Minister;
(ii)
a Judge of a federal court (other
than the Federal Magistrates Court), being a Judge who is an Australian
citizen;
(iia)
a Federal Magistrate who is an
Australian citizen;
(iii)
a Judge or Magistrate holding
office under a law of a State or Territory, being a Judge or Magistrate who is
an Australian citizen;
(iv)
a person, or a person included in
a class of persons, approved in writing by the Minister for the purposes of
this subparagraph, being a person who is an Australian citizen; and
(b)
if the Minister has made
arrangements under section 41 for it to be made in public, be made in
accordance with those arrangements unless the Minister otherwise permits in
writing.
(3)
A person who has been granted a
certificate of Australian citizenship under subsection 13(9) by virtue of being
the spouse of a person referred to in subparagraph 13(9)(d)(ii) shall not make
a pledge of commitment before the last-mentioned person has made such a pledge.
(4A)
The validity of an acquisition of
Australian citizenship is not affected by reason only that a pledge of
commitment was not made before an Australian citizen.
(5)
A reference in subsection (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.
(6)
A person to whom a certificate of
Australian citizenship has been granted under subsection 13(9B) is an
Australian citizen on and after:
(a)
the day on which the responsible
parent mentioned in that subsection becomes an Australian citizen under
section 15; or
(b)
if the certificate is granted
after the responsible parent becomes an Australian citizen under
section 15—the day on which the certificate is granted.
(7)
A person to whom a certificate of
Australian citizenship has been granted under subsection 13(9E) is an
Australian citizen on and after the day on which the certificate is granted.
(1)
Where a person is an Australian
citizen and:
(a)
has attained the age of 18 years
and is a national or citizen of a foreign country; or
(b)
was born, or is ordinarily
resident, in a foreign country and 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;
the
person may lodge with the Minister a declaration in the prescribed form
renouncing the person's Australian citizenship.
(4)
Subject to subsections (5), (5A)
and (6), 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.
(5A)
The Minister shall not register a
declaration made under this section if the Minister considers that it would not
be in the interests of Australia to do so.
(6)
The Minister shall not register a
declaration made under this section unless the Minister is satisfied that the
person who made the declaration:
(a)
is a national or citizen of a
foreign country; or
(b)
will, if the declaration is
registered, become a national or citizen of such a country immediately after
the registration.
An Australian citizen who, under the law of a foreign
country, 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.
(1)
Where:
(a)
a person who is an Australian
citizen by virtue of a certificate of Australian citizenship:
(i)
has been convicted of an offence
against section 50 in relation to the application for the certificate of
Australian citizenship; or
(ii)
has, at any time after furnishing
the application for the certificate of Australian citizenship (including a time
after the grant of the certificate), been convicted of an offence against a law
in force in a foreign country or against a law of the Commonwealth, a State or
Territory for which the person has been sentenced to death or to imprisonment for
life or for a period of not less than 12 months, being an offence committed at
any time before the grant of the certificate (including a time before the
furnishing of the application); or
(iii)
in respect of a person who was
granted the certificate of Australian citizenship as a result of an application
for the certificate made after the commencement of this subparagraph—obtained
the certificate as a result of migration-related fraud; 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, in the Minister's discretion, by order, deprive the person of his
or her Australian citizenship, and the person shall, upon the making of the
order, cease to be an Australian citizen.
Note: If a person is convicted of a "people
smuggling" offence against section 232A, 233 or 233A of the Migration
Act 1958, and is sentenced to imprisonment for a period of not less than 12
months, the person may be liable to deprivation of citizenship—see
subparagraph (1)(a)(ii) of this section.
(1A)
For the purposes of subparagraph
(1)(a)(iii), a person is taken to have obtained a certificate of Australian
citizenship as a result of migration-related fraud if, and only if:
(a)
at any time (including a time
after the grant of the certificate) the person was convicted of an offence
against section 234, 236, 243 or 244 of the Migration Act 1958, or
section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code,
that was committed at any time before the grant of the certificate (including a
time before the making of the application); and
(b)
the act or omission that
constituted the offence was connected with the person's entry into Australia or
the grant to the person of a visa or of a permission to enter and remain in
Australia.
(1B)
Subsection (1A) does not apply to
a person in respect of an offence if the Minister is satisfied that the act or
omission that constituted that offence was not in any way (whether directly or
indirectly) material to the person becoming a permanent resident.
(2)
A reference in subsection (1) to a
conviction of an offence includes a reference to the making of an order under
subsection 19B(1) of the Crimes Act 1914 or the corresponding provision
of a law in force in a foreign country or of a law of a State or Territory in
relation to the offence.
(3)
Where the Minister makes an order
under subsection (1) depriving a person of Australian citizenship, the Minister
shall, if the person is present in Australia, cause to be served on the person
a copy of that order. The copy of that order may be served personally, by post
or by an electronic communication.
(1)
Subject to subsection (3), where:
(a)
a responsible parent of a child,
being a child who has not attained the age of 18 years, ceases to be an
Australian citizen under section 18 or 19; and
(b)
that child is, under the law of a
foreign country, a national or citizen of that country immediately after the
time when that responsible parent ceases to be an Australian citizen;
that
child shall cease to be an Australian citizen from that time.
(2)
Subject to subsection (3), where a
person is deprived of Australian citizenship under section 21, the Minister
may, in the Minister's discretion, by order, direct that all or any of the
children of whom that person is a responsible parent and who have not attained
the age of 18 years 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.
(3)
Where, but for this subsection:
(a)
a child would cease to be an
Australian citizen under subsection (1) as a consequence of a responsible
parent of the child ceasing to be an Australian citizen; or
(b)
the Minister would be empowered
under subsection (2) to direct that a child should cease to be an Australian
citizen as a consequence of a responsible parent of the child being deprived of
Australian citizenship;
and
at the time the child would cease to be an Australian citizen or the Minister would
become so empowered, as the case may be, another responsible parent of the
child is an Australian citizen, subsection (1) or (2), as the case may be, does
not apply in relation to the child:
(c)
until there ceases to be a
responsible parent of the child (whether or not that other responsible parent),
being a responsible parent who is an Australian citizen; or
(d)
if the cessation referred to in
paragraph (c) is by reason of the death of the responsible parent—at any time
after that death.
(4)
Where the Minister makes an order
under subsection (2) directing that all or any of the children of a person
shall cease to be Australian citizens, the Minister shall, if the person is
present in Australia, cause to be served on the person a copy of that order.
The copy of that order may be served personally, by post or by an electronic
communication.
(1)
Where:
(a)
a person:
(i)
has done a voluntary and formal
act, other than marriage, by virtue of which the person acquired the
nationality or citizenship of a country other than Australia; or
(ii)
has done any act or thing:
(A)
the sole or dominant purpose of which; and
(B) the effect of which;
was or is to acquire the nationality or citizenship of a
foreign country; being an act or thing that resulted in the person ceasing to
be an Australian citizen;
(b)
the person furnishes to the
Minister a statement, in writing, to the effect that:
(i)
if the person had not done the act
or thing, the person would have suffered significant hardship or detriment; or
(ii)
at the time when the person did
the act or thing the person did not know that he or she would, as a consequence
of doing the act or thing, cease to be an Australian citizen;
and also stating that the person:
(iii)
has been present in Australia
(otherwise than as a prohibited immigrant, as a prohibited non-citizen, as an
illegal entrant, as an unlawful non-citizen, or in contravention of a law of a
prescribed territory) for a period of, or for periods amounting in the
aggregate to, not less than 2 years;
(iv)
intends that:
(A)
if the person again becomes an Australian citizen and is residing in Australia
at the time when the person so becomes an Australian citizen, the person will
continue to reside in Australia after so becoming an Australian citizen; or
(B) if the person again becomes an Australian citizen and is not residing in
Australia at the time when the person so becomes an Australian citizen, the
person will commence to reside in Australia after so becoming an Australian
citizen and before the expiration of the period of 3 years commencing on the
day on which the statement is made; and
(v)
has maintained a close and
continuing association with Australia; and
(c)
the person furnishes to the
Minister together with the statement a declaration in the prescribed form that
the person wishes to resume Australian citizenship;
the
Minister may, in the Minister's discretion, if the Minister is satisfied:
(d)
as to the truth of the matters
contained in the statement; and
(e)
in a case where the person has
claimed that, if the person had not done the act or thing that resulted in the
person ceasing to be an Australian citizen, the person would have suffered
hardship or detriment of an economic nature—that the person's circumstances
were such as to compel the person to do that act or thing; and
(f)
that the person is of good
character;
register
the declaration in the prescribed manner and, upon the registration of the declaration,
the person making the declaration again becomes an Australian citizen.
(2)
The Minister may, in the
Minister's discretion, upon application in accordance with the approved form,
include in a declaration registered under subsection (1), either at the time of
registering the declaration or by later amending the declaration, the name of a
child:
(a)
who has not attained the age of 18
years;
(b)
of whom the person who made the
declaration is a responsible parent; and
(c)
who ceased to be an Australian
citizen by reason of the person who made the declaration ceasing to be an
Australian citizen;
and,
upon the inclusion of the name of the child in the declaration, the child again
becomes an Australian citizen.
(1)
If:
(a)
a person has ceased to be an
Australian citizen because of section 18 (which deals with renunciation of
citizenship); and
(b)
the person has not attained the
age of 25 years; and
(c)
the person gives the Minister a
written statement that complies with subsection (2); and
(d)
the person gives the Minister,
together with the statement, a declaration in the prescribed form that the
person wishes to resume Australian citizenship;
the
Minister may, in the Minister's discretion, if the Minister is satisfied:
(e)
as to the truth of the matters
contained in the statement; and
(f)
in a case where the person has
claimed that, if the person had not renounced his or her Australian
citizenship, the person would have suffered hardship or detriment of an
economic nature—that the person's circumstances were such as to compel the
person to renounce his or her Australian citizenship; and
(g)
that the person is of good
character;
register
the declaration in the prescribed manner and, on the registration of the
declaration, the person making the declaration again becomes an Australian
citizen.
(2)
A statement made by a person under
paragraph (1)(c) complies with this subsection if the statement is to the
effect that:
(a)
the person renounced his or her
Australian citizenship in order to retain the nationality or citizenship of a
foreign country; and
(b)
if the person had not renounced
his or her Australian citizenship, the person would have suffered significant
hardship or detriment;
and
the statement also states that the person:
(c)
has been present in Australia
(otherwise than as a prohibited immigrant, as a prohibited non-citizen, as an
illegal entrant, as an unlawful non-citizen, or in contravention of a law of a
prescribed Territory) for a period of, or for periods amounting in the
aggregate to, not less than 2 years; and
(d)
intends that:
(i)
if the person again becomes an
Australian citizen and is residing in Australia at the time when the person so
becomes an Australian citizen, the person will continue to reside in Australia
after so becoming an Australian citizen; or
(ii)
if the person again becomes an
Australian citizen and is not residing in Australia at the time when the person
so becomes an Australian citizen, the person will begin to reside in Australia
after so becoming an Australian citizen and before the end of the period of 3
years beginning on the day on which the statement is made; and
(e)
has maintained a close and
continuing association with Australia.
(3)
The Minister may, in the
Minister's discretion, on application in accordance with the approved form,
include in a declaration registered under subsection (1), either at the
time of registering the declaration or by later amending the declaration, the
name of a child:
(a)
who has not attained the age of 18
years; and
(b)
of whom the person who made the
declaration is a responsible parent; and
(c)
who ceased to be an Australian
citizen by reason of the person who made the declaration ceasing to be an
Australian citizen;
and,
on the inclusion of the name of the child in the declaration, the child again
becomes an Australian citizen.
(1)
A person who, under section 20 of
the Nationality and Citizenship Act 1948, ceased to be an Australian
citizen may, within one year after the date of commencement of this section or
the date on which the person attains the age of 18 years, whichever is the
later, or within such further period as the Minister, in special circumstances,
allows, make and furnish to the Secretary or to a person authorized by the
Secretary by instrument in writing for the purposes of this section a
declaration in accordance with the prescribed form that the person wishes to
resume Australian citizenship.
(2)
A person to whom a declaration is
furnished under subsection (1) 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.
(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 18 years or within such further period as the Minister, in
special circumstances, allows, make and furnish to the Secretary or to a person
authorized by the Secretary by instrument in writing for the purposes of this
section a declaration in accordance with the prescribed form that the person
wishes to resume Australian citizenship.
(1A)
To avoid doubt, the reference in
subsection (1) to section 23 includes a reference to section 23
as in force at any time before the repeal of section 17 by the Australian
Citizenship Legislation Amendment Act 2002.
(2)
If:
(a)
a person makes a declaration under
subsection (1); and
(b)
the Minister is satisfied that the
person is of good character;
the
person to whom the declaration is given must register the declaration in the
prescribed manner and, on the registration of the declaration, the person
making the declaration again becomes an Australian citizen.
An Australian citizen who is required to state or declare
his or her national status may state or declare himself or herself to be an
Australian citizen and his or her statement or declaration to that effect is a
sufficient compliance with the requirement.
(1)
The Minister shall, upon
application made in accordance with the approved form for the grant of
Australian citizenship to a person under this subsection and if the Minister is
satisfied that the person:
(a)
was born in Australia;
(b)
is not, and has never been, a
citizen of any country; and
(c)
is not, and has never been,
entitled to acquire the citizenship of a foreign 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.
(1A)
Where the Minister is satisfied
that a person has or had reasonable prospects, at a particular time, of
acquiring the citizenship of a foreign country if the person were to apply, or
to have applied, at that time for the grant of such citizenship, the person shall
be taken, for the purposes of subsection (1), to be or to have been entitled to
acquire the citizenship of that country at that time.
(2)
Where the Minister makes a
decision under subsection (1) refusing an application and the applicant is
present in Australia, the Minister shall cause to be served on the applicant a
notice in writing setting out that decision. The notice may be served
personally, by post or by an electronic communication.
(3)
Where:
(a)
but for this subsection, section
10B would prevent the acquisition of Australian citizenship by a person by
reason only of all or any of the following matters:
(i)
that more than 25 years have
elapsed since the birth of the person;
(ii)
that the requirement set out in
sub-subparagraph 10B(1)(b)(ii)(B) is not fulfilled by either of the persons who
were the parents of the first-mentioned person at the time of his or her birth;
(iii)
the operation of subsection
10B(2); and
(b)
the first-mentioned person is not,
and has never been, a citizen of any country;
then:
(c)
the name of the first-mentioned
person may be registered for the purposes of section 10B; and
(d)
the matter or matters referred to
in paragraph (a) does not or do not prevent the acquisition of Australian
citizenship by the person under section 10B.
(3A)
Where, but for this subsection, a
person to whom subparagraph 21(1)(a)(ii) applies would, if the Minister were to
make an order under subsection 21(1) in relation to that person, become a
person who is not a citizen of any country, subsection 21(1) does not apply in
relation to that person.
(4)
Subsection 23(2) does not apply in
relation to a child who would, if the Minister were to make an order under that
subsection in respect of the child, become a person who is not a citizen of any
country.
The Minister must not consider, or otherwise deal with, an
application under this Act unless:
(a)
the application is on an approved
form and in accordance with the regulations; and
(b)
any fee payable in respect of the
application is paid.
(1)
Notwithstanding anything contained
in this Act, the Minister may, in the Minister's discretion, 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 the person was an
Australian citizen at an earlier date.
(1)
If any territory becomes a part of
Australia, the Governor-General 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.
(1)
A reference in this Act to the
status or description of a parent of a person at the time of the person's birth
shall, in the case of a parent who died before the birth of the person, be read
as a reference to the status or description of the parent at the time of the
parent's death.
(2)
Where the death of a parent of a
person occurred prior to, and the birth of the person occurred after, the
commencement of this section, the status or description that would have been
applicable to the parent by virtue of subsection (1) if the parent had died
after the commencement of the section shall be deemed to be the status or
description applicable to the parent at the time of the death of the parent.
(1)
Subject to this section, an
applicant for a certificate of Australian citizenship shall furnish, in support
of the application, a statement in accordance with the approved form setting
out:
(a)
the applicant's name, address and
occupation;
(b)
the date and place of the
applicant's birth; and
(c)
such other matters as are
prescribed.
(2)
Where a matter required by
subsection (1) to be set out in a statement by an applicant is not known to the
applicant and cannot reasonably be ascertained by the applicant, 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.
(1)
The Minister may arrange for the
use, under the Minister's control, of computer programs for any purposes for
which the Minister may, or must, under this Act or the regulations:
(a)
make a decision; or
(b)
exercise any power, or comply with
any obligation; or
(c)
do anything else related to making
a decision, exercising a power, or complying with an obligation.
(2)
The Minister is taken to have:
(a)
made a decision; or
(b)
exercised a power, or complied
with an obligation; or
(c)
done something else related to the
making of a decision, the exercise of a power, or the compliance with an
obligation;
that
was made, exercised, complied with, or done (as the case requires) by the
operation of a computer program under an arrangement made under
subsection (1).
(1)
The Minister may substitute a
decision (the substituted decision) for a decision (the initial
decision) made by the operation of a computer program under an arrangement
made under subsection 36A(1) if:
(a)
a certificate under
section 46B relates to the computer program and to the initial decision;
and
(b)
the certificate states that the
computer program was not functioning correctly; and
(c)
the substituted decision could
have been made under the same provision of this Act or the regulations as the
initial decision; and
(d)
the substituted decision is more
favourable to the applicant.
(2)
The Minister does not have a duty
to consider whether to exercise the power under subsection (1) in respect
of any decision, whether he or she is requested to do so by the applicant or by
any other person, or in any other circumstances.
(3)
Subsection (1) has effect
despite:
(a)
any law of the Commonwealth; or
(b)
any rule of common law;
to
the contrary effect.
(1)
The Minister may, either generally
or as otherwise provided by the instrument of delegation, by writing signed by
the Minister, delegate to a person (including the Secretary) all or any of the
Minister's powers under this Act or the regulations, other than this power of
delegation.
(2)
A power so delegated, when
exercised by the delegate, shall, for the purposes of this Act or the
regulations, be deemed to have been exercised by the Minister.
(3)
A delegation under this section
does not prevent the exercise of a power by the Minister.
The Minister may make arrangements for a pledge of
commitment referred to in section 15 to be made in public and to be accompanied
by proceedings designed to impress upon applicants the responsibilities and
privileges of Australian citizenship.
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; and
(d)
cause to be laid before both
Houses of the Parliament as soon as practicable after 30 June in each year a
return showing the number of persons who have, in the year ending on that 30
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.
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.
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.
(1)
In this section, unless the
contrary intention appears:
prescribed
evidentiary certificate means:
(a)
a certificate issued under
subsection (2); or
(b)
a certificate that was issued
before the commencement of this section under subsection 11C(3) of the
Citizenship Act 1948 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 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 signed by the
Secretary, 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 subsection (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 11C(8) of the Citizenship Act
1948 or of that Act as amended or a certificate referred to in subsection
(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 the person
signing it was entitled to sign it.
For the purposes of sections 46, 46A, 47, 47A, 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.
(1)
A certificate of Australian
citizenship granted under this Act may be issued by the Minister or by a person
authorized in writing by the Minister to issue such certificates.
(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 the Minister or a person
by authority of the Minister, shall, unless the contrary is proved, be deemed
to be a certificate of Australian citizenship granted under this Act.
(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, subject to subsection (1A), 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.
(1A)
An applicant under subsection (1)
is not entitled to be issued with an evidentiary certificate in relation to a
certificate of Australian citizenship granted to a person specified in the application
unless:
(a)
the applicant is, or is acting on
behalf of:
(i)
the person so specified; or
(ii)
a person whose name was included
in the certificate of Australian citizenship;
(b)
the evidentiary certificate is
required by the applicant for purposes in connection with the operation of a
law in force in a foreign country or a law of the Commonwealth, a State or a
Territory, including, but without limiting the generality of the foregoing,
purposes in connection with an action or proceeding before a court, tribunal or
authority; or
(c)
the authorized officer is
satisfied that the applicant has some other legitimate reason for requiring the
evidentiary certificate.
(2)
Subject to subsection (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;
(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; and
(e)
if it is appropriate to do so,
certify that official records show that the person to whom a certificate of
Australian citizenship was granted duly made a pledge of commitment on a
specified date in accordance with the law under which that certificate was
granted.
(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.
(4)
An evidentiary certificate under
this section is prima facie evidence:
(a)
of the matters certified in
accordance with paragraphs (2)(a) and (b);
(b)
of the fact that the particulars
set out in accordance with paragraph (2)(c) were contained in the certificate
of Australian citizenship;
(c)
of any matter certified in
accordance with paragraph (2)(d) and of the correctness of the official records
relating to the oath or affirmation;
(ca)
of any matter certified in
accordance with paragraph (2)(e) and of the correctness of the official records
relating to the pledge of commitment; and
(d)
of any matter stated in the
certificate in accordance with subsection (3).
(5)
Particulars referred to in paragraph
(2)(c), 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 subsection (6) is admissible in evidence in
legal proceedings without proof of the signature of the person signing it or of
the fact that he or she was an authorized officer.
(8)
In this section, authorized
officer means an officer authorized, in writing, by the Secretary to issue
certificates under this section.
(1)
In citizenship proceedings, a
certificate signed by an officer stating whether or not a specified computer
program was functioning correctly:
(a)
at a specified time or during a
specified period; and
(b)
in relation to specified outcomes
from the operation of that program under an arrangement made under subsection
36A(1);
is
prima facie evidence of the matters stated in the certificate.
(2)
For the purposes of this section,
a computer program is functioning correctly if:
(a)
outcomes from its operation comply
with this Act and the regulations; and
(b)
those outcomes would be valid if
they were made by the Minister otherwise than by the operation of the computer
program.
(3)
In this section:
(a)
proceedings in a court (including
criminal proceedings) that relate to this Act (including an offence against
this Act); or
(b)
proceedings that relate to an
application for review under section 52A.
(a)
an officer of the Department; or
(b)
a person authorised in writing by
the Minister to issue certificates under this section; or
(c)
any person who is included in a
class of persons authorised in writing by the Minister to issue certificates
under this section, including a person who becomes a member of the class after
the authorisation is given.
(1)
Where the Minister is satisfied
that it is desirable for any reason that a certificate of Australian
citizenship should be amended, the Minister may amend the certificate.
(2)
A certificate that has been
amended in pursuance of this section shall be of effect as so amended.
Where the Minister proposes to amend a certificate of
Australian citizenship (in this section referred to as the original
certificate) under section 47, not being an amendment including the name of
a person in, or omitting the name of a person from, the original certificate,
the Minister may, in the Minister's discretion, in lieu of so amending the
original certificate, upon surrender of the original certificate to the
Minister, grant and issue a further certificate of Australian citizenship (in
this section referred to as the replacement certificate) in which that
amendment has been incorporated and thereupon the replacement certificate has
effect for all purposes of this Act as if it had been granted and issued at the
same time as the original certificate and the original certificate had not been
granted.
(1)
Where an order is made under this
Act depriving a person of Australian citizenship:
(a)
if that person is an Australian
citizen by virtue of a certificate of Australian citizenship granted to that
person—that person shall, upon demand in writing by the Minister, surrender
that certificate to the Minister for cancellation; and
(b)
if that person is an Australian
citizen by reason of the inclusion of his or her name in a certificate of
Australian citizenship granted to another person—that other person shall, upon
demand in writing by the Minister, surrender that certificate to the Minister
to enable the Minister to amend that certificate under section 47.
(2)
Where an order is made under
subsection 44A(4) revoking an evidentiary certificate issued to a person under
section 44A, the person shall, upon demand in writing by the Secretary,
surrender the certificate to the Secretary for cancellation.
(3)
A person who, without reasonable
excuse, contravenes subsection (1) or (2) is guilty of an offence punishable on
conviction by a fine not exceeding $1,000.
A person shall not alter, or cause or permit to be altered,
a certificate of Australian citizenship.
Penalty:
$2,000 or imprisonment for 12 months, or both.
(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 or statement that is, to the knowledge of the person,
false or misleading in a material particular; or
(b)
conceal, or cause or permit to be
concealed, a material circumstance.
Penalty:
12 months imprisonment.
The provisions of this Act shall apply to the exclusion of
any provisions, providing for Australian citizenship, of any law of a State,
whether the law was passed or made before or after the commencement of this
section.
(1)
Applications may be made to the
Administrative Appeals Tribunal for review of the following decisions:
(aaaa)
decisions of the Minister under
subsection 10B(1A) that the Minister is not satisfied that a person is of good
character;
(aaa)
decisions of the Minister under
section 10C refusing an application for registration;
(aa)
decisions of the Minister that the
Minister is not satisfied as to the matters referred to in subsection 11(3);
(a)
decisions of the Minister under
section 13 or subsection 23D(1) refusing an application;
(ab)
decisions of the Minister under
section 14B revoking the grant of a certificate;
(b)
decisions of the Minister under
section 18 other than decisions under subsection 18(5);
(c)
decisions of the Minister under
subsection 21(1) or 23(2) or section 47;
(d)
decisions of the Minister, the
Secretary, or a person authorized by the Secretary for the purposes of section
23A or 23B, under that section;
(e)
decisions of the Minister under
subsection 23AA(1) refusing to register a declaration or under subsection
23AA(2) refusing to include the name of a child in a declaration;
(ea)
decisions of the Minister under
subsection 23AB(1) refusing to register a declaration or under subsection
23AB(3) refusing to include the name of a child in a declaration;
(f)
decisions of the Minister that the
Minister is satisfied as to the matters referred to in subsection 23D(1A).
(2)
A person is not entitled to make
an application under subsection (1) for review of a decision under section 13
(other than paragraph 13(9)(a) or (b)) unless the person is a permanent
resident.
(3)
In this section, decision
has the same meaning as in the Administrative Appeals Tribunal Act 1975.
(1)
Where the Minister or a delegate
of a Minister makes a decision of the kind referred to in section 52A and
gives, or causes to be given, to a person or persons whose interests are
affected by the decision notice in writing of the decision, that notice shall
include a statement to the effect that, subject to the Administrative
Appeals Tribunal Act 1975 and to subsection 52A(2) of this Act, application
may be made to the Administrative Appeals Tribunal for review of the decision
to which the notice relates by or on behalf of a person or persons whose
interests are affected by the decision.
(2)
Any failure to comply with the
requirements of subsection (1) in relation to a decision does not affect the
validity of the decision.
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 making of a pledge of
commitment 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;
(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 making of a pledge of
commitment authorized to be made or granted 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;
(fa)
the remission, refund or waiver of
fees of a kind referred to in paragraph (f) or the exemption of persons from
the payment of such fees;
(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 $1,000 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.
Section
15
FORM OF
PLEDGE NO. 1
From this time forward, under God,
I pledge my loyalty to Australia and its people,
whose democratic beliefs I share,
whose rights and liberties I respect, and
whose laws I will uphold and obey.
FORM OF
PLEDGE NO. 2
From this time forward,
I pledge my loyalty to Australia and its people,
whose democratic beliefs I share,
whose rights and liberties I respect, and
whose laws I will uphold and obey.
Note
1
The
Australian Citizenship Act 1948 as shown in this compilation comprises
Act No. 83, 1948 amended as indicated in the Tables below.
All relevant information pertaining to application, saving or transitional
provisions prior to 11 December 1998 is not included in this compilation. For
subsequent information see Table A.
Table
of Acts
Act |
Number
|
Date
|
Date
of commencement |
Application,
saving or transitional provisions |
Nationality and Citizenship Act 1948 |
83,
1948 |
21
Dec 1948 |
26
Jan 1949 (see Gazette 1949, |
|
Nationality and Citizenship Act 1950 |
58,
1950 |
14
Dec 1950 |
14
Dec 1950 |
— |
Nationality and Citizenship Act 1952 |
70,
1952 |
1
Nov 1952 |
29
Nov 1952 |
— |
Nationality and Citizenship Act 1953 |
85,
1953 |
11
Dec 1953 |
8
Jan 1954 |
S.
7(2) |
Nationality and Citizenship Act 1955 |
1,
1955 |
11
May 1955 |
11
May 1955 |
Ss.
5(2) and 8(2) |
Nationality and Citizenship Act 1958 |
63,
1958 |
8
Oct 1958 |
S.
9: 1 June 1959 (see s. 2(2) and Gazette 1959, |
S.
4(2) |
Nationality and Citizenship Act 1959 |
79,
1959 |
1
Dec 1959 |
1
Dec 1959 |
S.
4(2) |
Nationality and Citizenship Act 1960 |
82,
1960 |
13
Dec 1960 |
13
Dec 1960 |
— |
Nationality and Citizenship Act 1966 |
11,
1966 |
6
May 1966 |
6
May 1966 |
Ss.
3(2) and 4(2) |
Nationality and Citizenship Act 1967 |
11,
1967 |
26
Apr 1967 |
24
May 1967 |
— |
Citizenship Act 1969 |
22,
1969 |
4
June 1969 |
Ss.
3, 4(a), 5(a), (b), 6, 15-17 and 21: 20 Feb 1973 (see Gazette 1973,
No. 20, p. 3) |
Ss.
16(2), 17(2), (3) and 23 |
Australian Citizenship Act 1973 |
99,
1973 |
17
Sept 1973 |
Ss.
1, 2 and 22: Royal Assent |
Ss.
21 and 22 |
Statute Law Revision Act 1973 |
216,
1973 |
19
Dec 1973 |
31
Dec 1973 |
Ss.
9(1) and 10 |
as amended by |
|
|
|
|
Statute Law Revision Act 1974 |
20,
1974 |
25
July 1974 |
31
Dec 1973 |
— |
Administrative Changes (Consequential Provisions) Act 1976 |
91,
1976 |
20
Sept 1976 |
S.
3: (a) |
S.
4 |
Statute Law Revision Act 1981 |
61,
1981 |
12
June 1981 |
S.
115: Royal Assent (b) |
— |
Statute Law (Miscellaneous Amendments) Act |
80,
1982 |
22
Sept 1982 |
Part
LXXVII |
S.
280(2) and (3) |
Migration (Miscellaneous Amendments) Act 1983 |
84,
1983 |
14
Nov 1983 |
Part
II (ss. 3 and 4): 2 Apr 1984 (see Gazette 1984, No. S119) (d) |
— |
Australian Citizenship Amendment Act 1984 |
129,
1984 |
25
Oct 1984 |
Ss.
3, 4(2), 7, 22, 33, 34 and 37: 1 May 1987 (see Gazette 1987,
No. S68) |
Ss.
26(2) and 39 |
as amended by |
|
|
|
|
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 |
65,
1985 |
5
June 1985 |
S.
3: 22 Nov 1984 (e) |
— |
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 |
65,
1985 |
5
June 1985 |
S.
3: 3 July 1985 (f) |
— |
Australian Citizenship Amendment Act 1986 |
70,
1986 |
24
June 1986 |
20
Aug 1986 (see Gazette 1986, No. S401) |
Ss.
7(2) and 8(2) |
Mutual Assistance in Criminal Matters (Consequential Amendments) Act
1987 |
86,
1987 |
5
June 1987 |
S.
3: (g) |
— |
Statute Law (Miscellaneous Provisions) Act 1987 |
141,
1987 |
18
Dec 1987 |
S.
3: Royal Assent (h) |
S.
5(1) |
Migration Legislation Amendment Act 1989 |
59,
1989 |
19
June 1989 |
S.
38: 19 Dec 1989 (j) |
— |
Australian Citizenship Amendment Act 1990 |
105,
1990 |
18
Dec 1990 |
18
June 1991 |
— |
Australian Citizenship Amendment Act 1991 |
195,
1991 |
18
Dec 1991 |
15
Jan 1992 |
— |
Australian Citizenship Amendment Act 1993 |
71,
1993 |
25
Nov 1993 |
24
Jan 1994 |
Ss.
9 and 10 |
Migration Legislation Amendment Act 1994 |
60,
1994 |
9
Apr 1994 |
S.
85: (k) |
— |
Family Law Reform (Consequential Amendments) Act 1995 |
140,
1995 |
12
Dec 1995 |
Schedule
1 (items 1, 2): 11 June 1996 (see Gazette 1996, GN5) (l) |
— |
Statute Law Revision Act 1996 |
43,
1996 |
25
Oct 1996 |
Schedule
2 (item 17): (m) |
—
|
Migration Legislation Amendment Act (No. 1) 1997 |
27,
1997 |
10
Apr 1997 |
Schedule
1: 1 May 1997 (see Gazette 1997, No. S168) |
— |
Migration Legislation Amendment Act (No. 1) 1998 |
113,
1998 |
11
Dec 1998 |
Schedule
7: 1 Mar 1999 (see Gazette 1999, No. S51) (n) |
Sch.
7 (item 3) [see Table A] |
Federal Magistrates (Consequential Amendments) Act 1999 |
194,
1999 |
23
Dec 1999 |
Schedule
6: 23 Dec 1999 (o) |
— |
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences)
Act 2000 |
137,
2000 |
24
Nov 2000 |
Ss.
1-3 and Schedule 1 (items 1, 4, 6, 7, 9-11, 32): Royal Assent |
Sch.
2 (items 418, 419) [see Table A] |
Migration Legislation Amendment (Electronic Transactions and Methods
of Notification) Act 2001 |
58,
2001 |
28
June 2001 |
Schedule
1 (items 1-15) and Schedule 2 (items 1, 2): 10 Aug 2001 (see Gazette
2001, No. GN31) (p) |
— |
Migration Legislation Amendment (Application of Criminal Code) Act
2001 |
97,
2001 |
22
Aug 2001 |
19
Sept 2001 |
S.
4 [see Table A] |
Australian Citizenship Legislation Amendment Act 2002 |
5,
2002 |
4
Apr 2002 |
Schedule
2: 1 July 2002 (see Gazette 2002, No. GN18) |
Sch.
1 (item 4) and Sch. 2 (items |
(a)
The Australian Citizenship Act 1948 was amended by section 3 only of the
Administrative Changes (Consequential Provisions) Act 1976, subsection
2(7) of which provides as follows:
(7)
The amendments of each other Act specified in the Schedule made by this Act
shall be deemed to have come into operation on 22 December 1975.
(b) The Australian
Citizenship Act 1948 was amended by section 115 only of the Statute Law
Revision Act 1981, subsection 2(1) of which provides as follows:
(1)
Subject to this section, this Act shall come into operation on the day on which
it receives the Royal Assent.
(c) The Australian
Citizenship Act 1948 was amended by Part LXXVII (section 280) only of the Statute
Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(1) of which
provides as follows:
(1)
Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII,
LIV, LXI and LXXVII shall come into operation on the day on which this Act
receives the Royal Assent.
(d) The Australian
Citizenship Act 1948 was amended by Part II (sections 3 and 4) only of the Migration
(Miscellaneous Amendments) Act 1983, subsection 2(1) of which provides as
follows:
(1)
Subject to subsection (2), this Act shall come into operation on the day on
which the Migration Amendment Act 1983 comes into operation.
(e) The Australian
Citizenship Amendment Act 1984 was amended by section 3 only of the Statute
Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(6) of which
provides as follows:
(6)
The amendment of the Australian Citizenship Amendment Act 1984 made by
this Act shall be deemed to have come into operation immediately after the
commencement of section 38 of that first-mentioned Act.
(f) The Australian
Citizenship Act 1948 was amended by section 3 only of the Statute Law
(Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which
provides as follows:
(1)
Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent.
(g) The Australian
Citizenship Act 1948 was amended by section 3 only of the Mutual
Assistance in Criminal Matters (Consequential Amendments) Act 1987,
subsection 2(2) of which provides as follows:
(2)
The amendments made by this Act shall come into operation on a day or days to
be fixed by Proclamation.
In
pursuance of subsection 2(2), the date of commencement was 1 August 1988 (see
Gazette 1988, No. S225).
(h) The Australian Citizenship Act 1948 was amended by section 3
only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection
2(1) of which provides as follows:
(1)
Subject to this section, this Act shall come into operation on the day on which
it receives the Royal Assent.
(j) The Australian
Citizenship Act 1948 was amended by section 38 only of the Migration
Legislation Amendment Act 1989, subsection 2(5) of which provides as
follows:
(5)
If a provision of this Act (other than section 1, 2 or 35 or Part 3) has not
commenced within the period of 6 months beginning on the day on which this Act
receives the Royal Assent, that provision commences on the first day after the
end of that period.
(k) The Australian
Citizenship Act 1948 was amended by section 85 only of the Migration
Legislation Amendment Act 1994, subsection 2(3) of which provides as
follows:
(3)
The remaining provisions of this Act commence immediately after the
commencement of section 3 of the Migration Reform Act 1992.
Section
3 commenced on 1 September 1994.
(l) The Australian Citizenship Act 1948 was amended by Schedule 1
(items 1 and 2) only of the Family Law Reform (Consequential Amendments) Act
1995, subsection 2(2) of which provides as follows:
(2)
The amendments made by Parts 1, 2, 3, 4, 6, 8, 9 and 10 of Schedule 1 commence
on the commencement of section 31 of the Family Law Reform Act 1995.
(m) The Australian
Citizenship Act 1948 was amended by Schedule 2 (item 17) and Schedule 5
(items 20 and 21) only of the Statute Law Revision Act 1996, subsections
2(1) and (2) of which provide as follows:
(1)
Subject to subsections (2) and (3), this Act commences on the day on which it receives
the Royal Assent.
(2)
Each item in Schedule 2 commences or is taken to have commenced (as the case
requires) at the time specified in the note at the end of the item.
Item
17 is taken to have commenced immediately after the commencement of Schedule 3
to the Migration Legislation Amendment Act 1994.
Schedule 3 commenced on 1 September 1994.
(n) The Australian Citizenship Act 1948 was amended by Schedule 7
only of the Migration Legislation Amendment Act (No. 1) 1998, subsection
2(2) which provides as follows:
(2)
Subject to subsection (3), Schedules 1, 2, 3, 4, 5, 6 and 7 commence on a day
or days to be fixed by Proclamation.
(o) The Australian
Citizenship Act 1948 was amended by
Schedule 6 only of the Federal Magistrates (Consequential Amendments) Act
1999, subsection 2(1) of which provides as follows:
(1)
Subject to this section, this Act commences on the commencement of the Federal
Magistrates Act 1999.
(p) The Australian
Citizenship Act 1948 was amended by Schedule 1 (items 1-15) and Schedule 2
(items 1 and 2) only of the Migration Legislation Amendment (Electronic
Transactions and Methods of Notification) Act 2001, subsection 2(1) of
which provides as follows:
(1)
Subject to this section, this Act commences on a day to be fixed by
Proclamation.
Table
of Amendments
ad.
= added or inserted am. = amended rep. = repealed rs. = repealed and
substituted |
|
Provision
affected |
How
affected |
Preamble
|
ad.
No. 71, 1993 |
Title
|
am.
No. 22, 1969; No. 129, 1984 |
S.
1 |
am.
No. 22, 1969; No. 129, 1984 |
S.
3 |
am.
No. 99, 1973 |
|
rep.
No. 216, 1973 |
|
ad.
No. 97, 2001 |
S.
4 |
rs.
No. 63, 1958 |
|
am.
No. 22, 1969; No. 99, 1973 |
|
rep.
No. 216, 1973 |
S.
5 |
am.
No. 58, 1950; No. 85, 1953; No. 63, 1958; No. 11, 1966; No. 11, 1967; No. 22,
1969; No. 99, 1973; No. 216, 1973 (as am. by No. 20, 1974); No. 91, 1976; No.
80, 1982; No. 129, 1984; No. 70, 1986; No. 141, 1987; No. 59, 1989; No. 60,
1994; No. 140, 1995; No. 58, 2001; No. 5, 2002 |
S.
5A |
ad.
No. 129, 1984 |
|
am.
No. 70, 1986; No. 86, 1987; No. 141, 1987; No. 59, 1989; No. 195, 1991; No.
60, 1994 |
S.
6 |
am.
No. 216, 1973 |
Part
II |
rs.
No. 22, 1969 |
Part
II |
rep.
No. 129, 1984 |
S.
7 |
am.
No. 1, 1955; No. 63, 1958; No. 79, 1959 |
|
rs.
No. 22, 1969 |
|
am.
No. 99, 1973 |
|
rep.
No. 129, 1984 |
S.
8 |
rs.
No. 22, 1969 |
|
am.
No. 99, 1973; No. 129, 1984 |
|
rep.
No. 129, 1984 |
S.
8A |
ad.
No. 99, 1973 |
|
rep.
No. 129, 1984 |
S.
9 |
rs.
No. 22, 1969 |
|
am.
No. 99, 1973; No. 129, 1984 |
|
rep.
No. 129, 1984 |
Heading
to Div. 1 of Part III |
am.
No. 129, 1984 |
S.
10 |
am.
No. 11, 1966; No. 129, 1984; No. 70, 1986; No. 59, 1989 |
S.
10A |
ad.
No. 129, 1984 |
|
am.
No. 70, 1986 |
S.
10B |
ad.
No. 129, 1984 |
|
am.
No. 70, 1986; No. 59, 1989; No. 105, 1990; No. 195, 1991; No. 60, 1994; No.
5, 2002 |
Heading
to s. 10C |
am.
No. 5, 2002 |
S.
10C |
ad.
No. 195, 1991 |
|
am.
No. 58, 2001 |
S.
11 |
am.
No. 79, 1959; No. 11, 1966 |
|
rs.
No. 22, 1969 |
|
am.
No. 99, 1973 |
|
rep.
No. 129, 1984 |
|
ad.
No. 105, 1990 |
|
am.
No. 195, 1991; No. 58, 2001 |
Div.
1A of Part III |
ad.
No. 22, 1969 |
Ss.
11A-11C |
ad.
No. 22, 1969 |
|
rep.
No. 99, 1973 |
Div.
2 of Part III |
rep.
No. 99, 1973 |
Div.
2 of Part III |
ad.
No. 99, 1973 |
S.
12 |
am.
No. 85, 1953; No. 1, 1955; No. 11, 1967; No. 22, 1969 |
|
rs.
No. 99, 1973 |
S.
13 |
am.
No. 22, 1969 |
|
rs.
No. 99, 1973; No. 129, 1984 |
|
am.
No. 70, 1986; No. 86, 1987; No. 59, 1989; No. 105, 1990; No. 60, 1994; No.
43, 1996; No. 58, 2001; No. 5, 2002 |
Div.
3 of Part III |
rep.
No. 99, 1973 |
S.
14 |
am.
No. 58, 1950; No. 85, 1953 |
|
rs.
No. 1, 1955 |
|
am.
No. 22, 1969 |
|
rs.
No. 99, 1973; No. 129, 1984 |
|
am.
No. 70, 1986; No. 60, 1994; No. 58, 2001 |
S.
14A |
ad.
No. 60, 1994 |
|
am.
No. 58, 2001; No. 5, 2002 |
Ss.
14B, 14C |
ad.
No. 5, 2002 |
S.
15 |
am.
No. 58, 1950; No. 70, 1952; No. 85, 1953; No. 1, 1955; No. 79, 1959; No. 11,
1966; No. 11, 1967; No. 22, 1969 |
|
rs.
No. 99, 1973 |
|
am.
No. 129, 1984; No. 65, 1985; No. 70, 1986; No. 71, 1993; No. 194, 1999; No.
5, 2002 |
S.
16 |
am.
No. 70, 1952; No. 85, 1953; No. 11, 1966; No. 22, 1969 |
|
rep.
No. 99, 1973 |
S.
17 |
rs.
No. 129, 1984 |
|
rep.
No. 5, 2002 |
S.
18 |
am.
No. 22, 1969; No. 99, 1973; No. 129, 1984; No. 70, 1986 |
S.
19 |
am.
No. 129, 1984 |
S.
20 |
rep.
No. 63, 1958 |
S.
21 |
rs.
No. 63, 1958 |
|
am.
No. 22, 1969; No. 99, 1973; No. 129, 1984; No. 70, 1986; No. 43, 1996; No.
27, 1997; No. 137, 2000; No. 58, 2001 |
Note
to s. 21(1) |
ad.
No. 5, 2002 |
S.
22 |
rep.
No. 63, 1958 |
S.
23 |
rs.
No. 63, 1958 |
|
am.
No. 99, 1973; No. 129, 1984; No. 70, 1986; No. 58, 2001; No. 5, 2002 |
S.
23AA |
ad.
No. 129, 1984 |
|
rs.
No. 70, 1986 |
|
am.
No. 59, 1989; No. 60, 1994; No. 5, 2002 |
S.
23AB |
ad.
No. 5, 2002 |
S.
23A |
ad.
No. 63, 1958 |
|
am.
No. 99, 1973; No. 129, 1984; No. 70, 1986 |
S.
23B |
ad.
No. 63, 1958 |
|
am.
No. 99, 1973; No. 129, 1984; No. 70, 1986; No. 5, 2002 |
Div.
5 of Part III |
ad.
No. 22, 1969 |
S.
23C |
ad.
No. 22, 1969 |
|
am.
No. 70, 1986 |
S.
23D |
ad.
No. 99, 1973 |
|
am.
No. 129, 1984; No. 70, 1986; No. 58, 2001; No. 5, 2002 |
Part
IV |
rep.
No. 129, 1984 |
S.
24 |
rs.
No. 22, 1969 |
|
am.
No. 99, 1973; No. 129, 1984 |
|
rep.
No. 129, 1984 |
S.
25 |
am.
No. 85, 1953; No. 1, 1955; No. 63, 1958; No. 11, 1966; No. 22, 1969; No. 99,
1973; No. 84, 1983; No. 129, 1984 (as am. by No. 65, 1985) |
|
rep.
No. 129, 1984 |
S.
26 |
rs.
No. 22, 1969 |
|
am.
No. 99, 1973; No. 129, 1984 |
|
rep.
No. 129, 1984 |
S.
26A |
ad.
No. 11, 1966 |
|
rs.
No. 22, 1969 |
|
am.
No. 99, 1973; No. 129, 1984 |
|
rep.
No. 129, 1984 |
S.
27 |
rep.
No. 129, 1984 |
S.
28 |
am.
No. 99, 1973; No. 129, 1984 |
|
rep.
No. 129, 1984 |
S.
29 |
am.
No. 1, 1955; No. 99, 1973; No. 129, 1984 |
|
rep.
No. 129, 1984 |
S.
30 |
am.
No. 63, 1958; No. 22, 1969; No. 99, 1973; No. 129, 1984 |
|
rep.
No. 129, 1984 |
S.
31 |
rep.
No. 1, 1955 |
|
ad.
No. 105, 1990 |
S.
32 |
am.
No. 85, 1953; No. 22, 1969; No. 129, 1984; No. 70, 1986 |
S.
34 |
am.
No. 11, 1966 |
|
rs.
No. 129, 1984 |
S.
35 |
rep.
No. 129, 1984 |
S.
36 |
am.
No. 58, 1950; No. 70, 1952; No. 1, 1955 |
|
rs.
No. 82, 1960 |
|
am.
No. 22, 1969; No. 129, 1984; No. 70, 1986 |
Ss.
36A, 36B |
ad.
No. 58, 2001 |
S.
37 |
am.
No. 1, 1955; No. 22, 1969 |
|
rs.
No. 129, 1984 |
|
am.
No. 70, 1986 |
S.
38 |
am.
No. 22, 1969 |
|
rep.
No. 129, 1984 |
Ss.
39, 40 |
rep.
No. 129, 1984 |
S.
40A |
ad.
No. 1, 1955 |
|
rep.
No. 129, 1984 |
S.
41 |
rs.
No. 85, 1953 |
|
am.
No. 99, 1973; No. 61, 1981; No. 71, 1993 |
S.
42 |
am.
No. 79, 1959; No. 22, 1969; No. 129, 1984 |
Ss.
43, 44 |
am.
No. 99, 1973 |
S.
44A |
ad.
No. 99, 1973 |
|
am.
No. 129, 1984; No. 70, 1986 |
S.
45 |
am.
No. 79, 1959; No. 22, 1969; No. 216, 1973; No. 129, 1984 |
S.
46 |
rs.
No. 1, 1955 |
|
am.
No. 79, 1959; No. 22, 1969; No. 129, 1984 |
S.
46A |
ad.
No. 79, 1959 |
|
am.
No. 22, 1969; No. 99, 1973; No. 129, 1984; No. 71, 1993; No. 43, 1996 |
S.
46B |
ad.
No. 58, 2001 |
S.
47 |
am.
No. 79, 1959; No. 22, 1969; No. 70, 1986 |
S.
47A |
ad.
No. 129, 1984 |
|
am.
No. 70, 1986 |
S.
48 |
am.
No. 70, 1952; No. 11, 1966; No. 22, 1969 |
|
rs.
No. 129, 1984 |
|
am.
No. 70, 1986 |
S.
48A |
ad.
No. 22, 1969 |
|
am.
No. 99, 1973 |
|
rep.
No. 129, 1984 |
S.
49 |
am.
No. 11, 1966; No. 22, 1969 |
|
rs.
No. 129, 1984 |
|
am.
No. 97, 2001 |
S.
50 |
rs.
No. 63, 1958 |
|
am.
No. 11, 1966; No. 22, 1969; No. 129, 1984; No. 70, 1986; No. 27, 1997; No.
113, 1998 |
S.
51 |
rs.
No. 22, 1969 |
|
am.
No. 99, 1973 |
|
rep.
No. 129, 1984 |
S.
52 |
am.
No. 129, 1984 |
S.
52A |
ad.
No. 129, 1984 |
|
am.
No. 70, 1986; No. 105, 1990; No. 195, 1991; No. 60, 1994; No. 5, 2002 |
S.
52B |
ad.
No. 129, 1984 |
S.
53 |
am.
No. 85, 1953; No. 11, 1966; No. 129, 1984; No. 70, 1986; No. 71, 1993 |
Heading
to The Schedules |
rep.
No. 216, 1973 |
First
Schedule |
rep.
No. 216, 1973 |
Second
Schedule |
rs.
No. 85, 1953 |
|
am.
No. 11, 1966 |
|
rep.
No. 99, 1973 |
Schedule
2 |
ad.
No. 99, 1973 |
|
am.
No. 70, 1986 |
|
rs.
No. 71, 1993 |
Third
Schedule |
ad.
No. 11, 1966 |
|
rep.
No. 99, 1973 |
Schedule
3 |
ad.
No. 99, 1973 |
|
rep.
No. 129, 1984 |
Table A
Application,
saving or transitional provisions
Migration
Legislation Amendment Act (No. 1) 1998 (No. 113, 1998)
Schedule 7
3
Application
The
amendments made by this Schedule apply to acts or omissions after the
commencement of this Schedule.
Criminal
Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137,
2000)
Schedule
2
418 Transitional—pre-commencement offences
(1)
Despite the amendment or repeal of a provision by this Schedule, that provision
continues to apply, after the commencement of this item, in relation to:
(a)
an offence committed before the
commencement of this item; or
(b)
proceedings for an offence alleged
to have been committed before the commencement of this item; or
(c)
any matter connected with, or
arising out of, such proceedings;
as
if the amendment or repeal had not been made.
(2)
Subitem (1) does not limit the operation of section 8 of the Acts
Interpretation Act 1901.
419
Transitional—pre-commencement notices
If:
(a)
a provision in force immediately
before the commencement of this item required that a notice set out the effect
of one or more other provisions; and
(b)
any or all of those other
provisions are repealed by this Schedule; and
(c)
the first-mentioned provision is
amended by this Schedule;
the
amendment of the first-mentioned provision by this Schedule does not affect the
validity of such a notice that was given before the commencement of this item.
Migration
Legislation Amendment (Application of Criminal Code) Act 2001 (No. 97,
2001)
4 Application of amendments
(1)
Each amendment made by this Act
applies to acts and omissions that take place after the amendment commences.
(2)
For the purposes of this section,
if an act or omission is alleged to have taken place between 2 dates, one
before and one on or after the day on which a particular amendment commences,
the act or omission is alleged to have taken place before the amendment
commences.
Australian
Citizenship Legislation Amendment Act 2002 (No. 5, 2002)
Schedule
1
4 Application of amendment—section 17 of the Australian Citizenship
Act 1948
The
repeal of section 17 of the Australian Citizenship Act 1948 by this
Schedule applies to an acquisition of nationality or citizenship of a foreign
country, where the acquisition occurs after the commencement of this item.
Schedule
2
36 Application of amendments—sections 10B and 23D of the Australian
Citizenship Act 1948
The
amendments of sections 10B and 23D of the Australian Citizenship Act
1948 made by this Schedule apply in relation to the registration of the
name of a person if the application for registration was made after the
commencement of this item.
37
Application of amendment—subsection 13(3A) of the Australian Citizenship Act
1948
Subsection
13(3A) of the Australian Citizenship Act 1948 applies in relation to the
grant of a certificate of Australian citizenship if the application for the
grant was made after the commencement of this item.
38
Application of amendments—inclusion of name of child in a certificate of
Australian citizenship
(1)
This item applies if, before the commencement of this item, a decision
was made to include the name of a child in a certificate of Australian
citizenship under subsection 13(10) of the Australian Citizenship Act 1948.
(2) Despite the amendments made by items 7, 9, 18 and 22 of this Schedule,
the Australian Citizenship Act 1948 continues to apply, in relation to
the inclusion of the name of the child in the certificate, as if those
amendments had not been made.
39
Transitional—inclusion of name of child in a certificate of Australian
citizenship
(1)
For the purposes of this item, an application for the inclusion of the name of
a child in a certificate of Australian citizenship is a pending
application if:
(a)
the application was made under
subsection 13(10) of the Australian Citizenship Act 1948 before the
commencement of this item; and
(b)
the application was not withdrawn
before that commencement; and
(c)
no decision on the application was
made before that commencement.
(2)
If:
(a)
the certificate had not been
granted before the commencement of this item; and
(b)
the applicant for the certificate
is a responsible parent of the child;
the
Australian Citizenship Act 1948 has effect, in relation to the pending
application, as if:
(c)
the pending application were an
application under subsection 13(9B) of that Act for the grant of a certificate
of Australian citizenship to the child; and
(d)
the pending application had been
set out in the same document as the application for the certificate; and
(e)
the responsible parent were the
responsible parent mentioned in subsection 13(9B) of that Act.
(3)
If:
(a)
the certificate had already been
granted before the commencement of this item; and
(b)
the grantee of the certificate is
a responsible parent of the child;
the
Australian Citizenship Act 1948 has effect, in relation to the pending
application, as if the pending application were an application under subsection
13(9E) of that Act for the grant of a certificate of Australian citizenship to
the child.
40
Application of amendment—paragraph 13(11)(ca) of the Australian Citizenship
Act 1948
Paragraph
13(11)(ca) of the Australian Citizenship Act 1948 applies in relation to
the grant of a certificate of Australian citizenship if the application for the
grant was made after the commencement of this item.
41
Application of amendments—paragraphs 13(11)(d) and (e) of the Australian
Citizenship Act 1948
The
amendments of paragraphs 13(11)(d) and (e) of the Australian Citizenship Act
1948 made by this Schedule apply in relation to the grant of a certificate
of Australian citizenship if the application for the grant was made after the
commencement of this item.
42
Application of amendments—section 23AA of the Australian Citizenship
Act 1948
The
amendments of section 23AA of the Australian Citizenship Act 1948
made by this Schedule apply in relation to the registration of a declaration if
the declaration was given to the Minister after the commencement of this item.
43
Application of amendment—section 23B of the Australian Citizenship Act
1948
The
amendment of section 23B of the Australian Citizenship Act 1948
made by this Schedule applies in relation to the registration of a declaration
if the declaration was given to the Secretary, or to a person authorised by the
Secretary, after the commencement of this item.
44
Transitional—subsection 23B(2) of the Australian Citizenship Act 1948
(1)
This item applies to regulations if:
(a)
the regulations were made for the
purposes of subsection 23B(2) of the Australian Citizenship Act 1948;
and
(b)
the regulations were in force
immediately before the commencement of this item.
(2)
The regulations have effect, after the commencement of this item, as if they
had been made for the purposes of subsection 23B(2) of the Australian
Citizenship Act 1948 as amended by this Schedule.