Australian Citizenship Act 1948
No. 83, 1948
Compilation No. 42
Compilation date: 1 July 2006
Includes amendments: Act No. 46, 2006
About this compilation
This is a compilation of the Australian Citizenship Act 1948 that shows the text of the law as amended and in force on 1 July 2006 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Application of the Criminal Code
5 Interpretation
5A Certain non‑citizens to be permanent residents for the purposes of Act
6 Extension of Act to Territories
Part III—Australian Citizenship
Division 1—Citizenship by Birth, Adoption or Descent
10 Citizenship by birth
10A Citizenship by adoption
10B Citizenship by descent
10C Citizenship by descent for a person aged 18 or over on 15 January 1992
11 Citizenship by descent through mother
Division 2—Grant of Australian Citizenship
12 Application of Division
13 Grant of Australian citizenship
14 Deferral of consideration of application under section 13
14A Deferral of consideration of application under section 13—visa liable to cancellation
14B Revocation of grant of certificate of Australian citizenship before conferral of citizenship
14C Deferral of conferral of Australian citizenship
15 Effect of grant of certificate of Australian citizenship
Division 4—Loss of Citizenship
18 Renunciation of citizenship
19 Loss of citizenship by reason of service in armed forces of an enemy country
21 Deprivation of citizenship
23 Children…
Overview
The Australian Citizenship Act 1948 was enacted by the Australian Parliament to establish a formal framework for Australian citizenship, recognising it as a status that involves reciprocal rights and obligations. The Act was designed to address the need for a clear and consistent set of rules governing who is recognised as an Australian citizen, how citizenship can be acquired or lost, and the rights and responsibilities that come with Australian citizenship. The Act has been amended over the years to reflect changes in societal values, international laws, and the evolving nature of citizenship.
Scope and Application
The Australian Citizenship Act 1948 is a Commonwealth Act that governs the acquisition, retention, and loss of Australian citizenship. The Act applies to all persons, regardless of their residency status or nationality, who are seeking to obtain or who currently hold Australian citizenship. This includes citizens, permanent residents, and non-citizens. The Act extends its jurisdiction across the entire Commonwealth of Australia, including all states and territories. The Act also applies extraterritorially to Australian citizens abroad. There are certain exclusions and exemptions within the Act, such as provisions relating to renunciation of citizenship, loss of citizenship through service in an enemy country's armed forces, and deprivation of citizenship under specific circumstances. The application and scope of the Act can be further defined or modified by subordinate instruments, such as regulations and decisions made by the Minister for Home Affairs. These instruments can specify procedural details, fees, and other administrative aspects not covered in the primary Act.
Key Provisions
- The Australian Citizenship Act 1948 establishes the criteria and processes for acquiring, maintaining, and losing Australian citizenship. The Act outlines various pathways for citizenship, such as citizenship by birth, descent, adoption, or grant. It also details the requirements that applicants must meet, including age, residency, character, and knowledge of Australian values and laws. Additionally, the Act sets forth the conditions under which citizenship may be lost, such as renunciation, deprivation, or loss due to service in an enemy country's armed forces. It imposes obligations on applicants to make declarations, pledges, and to provide certain information and documents to support their applications.
- In terms of penalties and consequences, the Act specifies penalties for offenses such as altering a citizenship certificate, making false representations, or concealing material circumstances. The Act also allows for the review of decisions by the Administrative Appeals Tribunal for certain types of decisions related to citizenship applications. Failure to comply with certain provisions, such as surrendering a citizenship certificate upon order, can result in fines and other legal consequences.
- Area of Law
- Citizenship Law
- Administrative Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Civil Penalty Provisions
- Regulatory Standards
- Review & Sunset Clauses
- Rights & Protections