Australian Citizenship Amendment Act 1984
No. 129 of 1984
table of provisions
Section
1. Short title, &c.
2. Commencement
3. Title
4. Interpretation
5. Insertion of new section after section 5—
5a. Certain non-citizens to be permanent residents for the purposes of Act
6. Application of this Act to certain citizens of Pakistan and Republic of South Africa
7. Repeal of Part II
8. Heading to Division 1 of Part III
9. Citizenship by birth
10. Repeal of section 11 and substitution of new sections—
10a. Citizenship by adoption
10b. Citizenship by descent
11. Repeal of sections 13 and 14 and substitution of new sections—
13. Grant of certificate of Australian citizenship
14. Deferral of consideration of application under section 13
12. Effect of grant of certificate of Australian citizenship
13. Repeal of section 17 and substitution of new section—
17. Loss of citizenship on acquisition of another nationality
14. Renunciation of citizenship
15. Deprivation of citizenship
16. Children of persons who lose or are deprived of citizenship
17. Insertion of new section after section 23—
23aa. Persons may resume citizenship lost under section 17 in certain circumstances
18. Persons may resume citizenship lost under section 20
19. Persons may resume citizenship lost under section 23
20. Special provisions to prevent persons being stateless
21. Transitional provisions
TABLE OF PROVISIONS—continued
Section
22. Repeal of Part IV
23. Certificate of registration or naturalization in case of doubt
24. Repeal of sections 34 and 35 and substitution of new section—
34. Posthumous children
25. Statement in support of application for certificate of Australian citizenship
26. Repeal of sections 37 to 40a (inclusive) and substitution of new section—
37. Delegation
27. Cancellation of certificates, returns of certificates, &c.
28. Definition of certificate of naturalization for certain purposes
29. Issue and proof of certificates of Australian citizenship
30. Evidentiary certificates
31. Repeal of sections 48, 48a and 49 and substitution of new sections—
47a. Replacement certificates
48. Surrender of certificates
49. Offence to alter certificates
32. False representations, &c.
33. References in Commonwealth and Territory laws to British subjects
34. Provisions of this Act to be exclusive of State laws
35. Insertion of new sections—
52a. Review of decisions
52b. Statement to accompany notification of decisions
36. Regulations
37. Schedule 3
38. Formal amendments
39. Application
THE SCHEDULE
Formal amendments
Australian Citizenship Amendment Act 1984
No. 129 of 1984
An Act to amend the Australian Citizenship Act 1948, and for related purposes
[Assented to 25 October 1984]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Australian Citizenship Amendment Act 1984.
(2) The Australian Citizenship Act 19481 is in this Act referred to as the Principal Act.
Commencement
2. (1) Subject to sub-section (2), this Act shall come into operation on the…
Overview
The Australian Citizenship Amendment Act 1984 (Cth) was enacted to amend the Australian Citizenship Act 1948 and address gaps in the citizenship laws, particularly concerning the acquisition and loss of Australian citizenship. This legislation was enacted by the Queen, with the approval of the Senate and the House of Representatives of the Commonwealth of Australia. The primary objective of this Act is to revise the criteria for acquiring Australian citizenship, including citizenship by birth, adoption, and descent, as well as the conditions for the loss, renunciation, and deprivation of citizenship. Additionally, the Act provides provisions to prevent individuals from becoming stateless and outlines the process for reviewing decisions related to Australian citizenship.
Scope and Application
The Australian Citizenship Amendment Act 1984 applies to all individuals who seek to acquire Australian citizenship, whether by birth, adoption, descent, or through naturalization. This Act amends the Australian Citizenship Act 1948 and modifies the eligibility criteria and procedures for acquiring Australian citizenship. It specifically addresses the citizenship status of individuals born outside Australia, those adopted by Australian citizens, and those seeking to renounce or regain citizenship. The Act extends its application to individuals who were citizens of Pakistan or the Republic of South Africa, clarifying their eligibility under the amended provisions. Additionally, the Act introduces provisions for the resumption of Australian citizenship for those who lost it due to specific circumstances, and it sets out special provisions to prevent individuals from becoming stateless. The Act operates nationally across Australia, including its external territories, and its provisions are exclusive of state laws. There are no stated exclusions or exemptions within the Act itself, though certain conditions and thresholds must be met to qualify for citizenship under the amended provisions. The Act also allows for the extension and restriction of its application through subordinate instruments and regulations, which can further define the scope and specific operational details of the Act.
Key Provisions
- The Australian Citizenship Amendment Act 1984 amends the Australian Citizenship Act 1948 by introducing new provisions and modifying existing ones to refine the citizenship requirements and processes in Australia. Section 5a of the Act provides that certain non-citizens can be considered permanent residents for the purposes of this Act if they meet specific criteria related to their presence in Australia and compliance with immigration laws. Section 10a introduces a new way for non-citizens to acquire Australian citizenship through adoption by an Australian citizen or jointly by two persons, at least one of whom is an Australian citizen, provided the adoptee was present in Australia as a permanent resident at the time of adoption. Section 10b modifies the rules for acquiring citizenship by descent, requiring registration of the child's name at an Australian consulate within 18 years of birth, among other conditions.
- The Act imposes various obligations on the parties it governs, including the requirement for non-citizens to satisfy specific conditions to be considered permanent residents (section 5a), the need for applicants for Australian citizenship to meet residency, character, and knowledge requirements (section 13), and the duty for Australian citizens to notify the Minister of any change of name or address (section 29).
- There are specific offences, penalties, and consequences for breach outlined in the Act. Section 49 stipulates that altering a certificate of Australian citizenship without lawful authority is an offence, carrying a maximum penalty of $2,000 or imprisonment for 12 months, or both. Section 50 imposes penalties for making false or misleading representations in applications for Australian citizenship, with a penalty of $1,000 or imprisonment for 6 months, or both. The Act also includes provisions for the cancellation of certificates and the surrender of certificates under certain circumstances, with failure to comply being an offence punishable by a fine not exceeding $1,000 (section 48).
- Area of Law
- Citizenship Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Citizenship by Birth
- Citizenship by Adoption
- Citizenship by Descent
- Loss of Citizenship on Acquisition of Another Nationality
- Renunciation of Citizenship
- Deprivation of Citizenship
- Review & Sunset Clauses
