Overview

The Australian Citizenship Amendment Act 1986, enacted by the Queen, the Senate, and the House of Representatives, aims to amend the Australian Citizenship Act 1948 by introducing changes to the acquisition of Australian citizenship by birth, the grant of a certificate of Australian citizenship, and the resumption of citizenship for those who have lost it. The Act also seeks to prevent individuals from becoming stateless and to provide a mechanism for reviewing certain decisions of the Minister. By amending the criteria for citizenship by birth, ensuring that children found abandoned in Australia are deemed to have been born there, and modifying the grounds for the grant of a certificate of Australian citizenship, the Act seeks to address gaps in the citizenship framework and enhance the protection of individuals' citizenship rights.

Scope and Application

The Australian Citizenship Amendment Act 1986 amends the Australian Citizenship Act 1948, applying to persons who acquire Australian citizenship by birth, those who have lost their Australian citizenship, and those who may resume their Australian citizenship under specific conditions. This Act applies throughout the Commonwealth of Australia and provides mechanisms for individuals who have lost their Australian citizenship to potentially resume it if they meet certain criteria, such as having maintained a close and continuing association with Australia and having been ordinarily resident in Australia for a specified period. The Act also extends to include provisions for the Minister to consider applications from individuals who were not previously entitled to acquire foreign citizenship but now have reasonable prospects of doing so. The Act allows for the continuation of existing regulations under the repealed sections and ensures that decisions by the Minister regarding the resumption of citizenship or refusal to register a declaration can be reviewed. The Act’s provisions are inclusive of both individuals and children, provided the children meet the age and relationship criteria specified.

Key Provisions

• The Australian Citizenship Amendment Act 1986 (Act) makes several significant changes to the Australian Citizenship Act 1948 (Principal Act). Primarily, the Act modifies the criteria for Australian citizenship by birth, the granting of certificates of Australian citizenship, and the resumption of Australian citizenship under specific circumstances. It also includes provisions for the review of decisions made under the Principal Act and allows for the remission, refund, or waiver of fees.
• Under section 4 of the Act, a person born in Australia after the commencement of the Australian Citizenship Amendment Act 1986 is granted Australian citizenship if either of their parents was an Australian citizen or permanent resident at the time of their birth, or if the person has been ordinarily resident in Australia for a continuous period of ten years after their birth. This amendment replaces the previous criteria found in section 10 of the Principal Act.
• The Act also introduces new conditions for the grant of certificates of Australian citizenship, as outlined in section 5. Specifically, section 13 of the Principal Act is amended to prohibit the Minister from granting a certificate to a person outside Australia unless the person is a permanent resident and is engaged in activities beneficial to Australia. Additionally, section 5 introduces the possibility of treating a period as one of ordinary residence in Australia for applicants who were not permanent residents due to administrative errors.
• Regarding the resumption of Australian citizenship, section 7 of the Act provides that individuals who lost their Australian citizenship by acquiring the citizenship of another country may resume Australian citizenship if they meet certain conditions, including being present in Australia for a specified period and having maintained a close association with Australia. This provision is found in the new section 23aa of the Principal Act, which replaces the repealed section 23aa.
• The Act imposes various obligations on applicants for Australian citizenship and on the Minister responsible for citizenship matters. Applicants must provide truthful statements and declarations, as well as meet the residency and association requirements for resuming citizenship. The Minister, on the other hand, is tasked with reviewing decisions related to citizenship applications and ensuring compliance with the Act’s provisions.
• Breaches of the provisions outlined in the Act can lead to civil and criminal consequences. While the Act does not explicitly state penalties for non-compliance, it is likely that breaches could result in the refusal to grant citizenship, fines, or other penalties as prescribed by the relevant laws. Furthermore, providing false information or declarations in an application for citizenship could potentially lead to charges of fraud or perjury, which carry their own set of penalties under Australian law.

Legal classification tags

Area of Law

Citizenship Law

Instrument

Act

Concepts

Definitions & Interpretation

Commencement Provisions

Regulatory Standards

Review & Sunset Clauses