Australian Citizenship Regulations (Amendment) (Cth)

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Statutory

Rules1991No. 221 1

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Australian Citizenship Regulations 2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Australian Citizenship Act 1948.

 Dated 27 June 1991.

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

GERRY HAND

Minister of State for Immigration, Local Government

and Ethnic Affairs

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1.   Amendment

1.1   The Australian Citizenship Regulations are amended as set out in these Regulations.

2.   Regulation 5 (Prescribed classes of visas)

2.1   Omit the regulation, substitute:

Prescribed classes of visas

“5. (1)  For the purposes of sub-subparagraph 5a (1) (d) (i) (a) of the Act:

  • (a)

    return visas, within the meaning of regulation 2 of the Migration Regulations, issued to eligible persons; and

  • (b)

    resident return visas, within the meaning of regulation 29ac of the Migration Regulations as in force before 21 December 1989, issued to eligible persons; and

  • (c)

    documents or notations permitting a resident to return to Australia issued to eligible persons before 1 November 1979;

are prescribed classes of visas.

“(2)

For the purposes of subregulation (1) a person is an eligible person if, at the time of issue or immediately prior to the person’s departure, the person:

  • (a)

    satisfied the criteria of paragraph 5a (1) (a), (b), (ba) or (c) of the Act; or

  • (b)

    would have satisfied those requirements if they had been in force.”.

3.   New regulations 8a, 8b and 8c

3.1   After regulation 8, insert:

Application for registration as an Australian citizen by descent through mother

 “8a. (1) An application under subsection 11 (1) of the Act for registration as an Australian citizen must:

(a)

be lodged at, or sent by post to:

 (i) the head office, or any regional or area office, of the Department; or

 (ii) any Australian mission overseas; and

  • (b)

    be accompanied by the originals of the following documents:

 (i) the applicant’s full birth certificate;

 (ii) the full birth certificate of each child of the applicant included in the application;

 (iii) the full birth certificate or naturalisation certificate of the applicant’s mother; and

  • (c)

    be accompanied by documentary evidence of:

 (i) any change of name by the applicant; and

 (ii) the applicant’s residence in Australia before 1 May 1987; and

 (iii) any change of name of a child included in the application; and

 (iv) the acquisition of Australian citizenship by the applicant’s mother, if the applicant’s mother was born in New Guinea.

Registration as an Australian citizen for the purposes of subsection 11 (3) of the Act

 “8b. For the purposes of subsection 11 (3) of the Act, registration of a person as an Australian citizen is effected by the making by an authorised officer, in a register maintained in the Department for the purpose, of an entry to that effect.

Declaratory certificate of citizenship for the purposes of subsection 11 (4) of the Act

 “8c. (1)  An authorised officer must issue a declaratory certificate of citizenship to a person who becomes an Australian citizen under subsection 11 (4) of the Act.

“(2)

A certificate under subregulation (1) is to be issued to a person as soon as practicable after the person becomes an Australian citizen.

“(3)

No fee is payable for a certificate issued under subregulation (1).”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 5 July 1991.

 

2. Statutory Rules 1960 No. 62 as amended by 1961 No. 120; 1964 No. 1; 1965 Nos. 8 and 146; 1967 No. 149; 1968 No. 129; 1969 No. 72; 1970 Nos 9 and 189; 1973 Nos. 29 and 196; 1975 No. 181; 1976 No. 269; 1978 No. 272; 1979 No. 143; 1980 No. 339; 1981 No. 112; 1982 No. 118; 1983 No. 68; 1984 Nos 252 and 351; 1985 No. 260; 1986 Nos. 209, 210, 223 and 306; 1987 Nos. 87, 88 and 312; 1988 Nos. 324 and 325; 1989 Nos. 140 and 222; 1991 No. 28.

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