Australian Citizenship Regulations (Amendment) (Cth)

STATUTORY RULES

1975 No. 18

REGULATIONS UNDER THE AUSTRALIAN CITIZENSHIP ACT 1948-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Australian Citizenship Act 1948-1973.

Dated this tenth day of September, 1975.

Governor-General.

By His Excellency’s Command,

J. McCLELLAND

Minister of State for Labor and Immigration.

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AMENDMENTS OF THE AUSTRALIAN CITIZENSHIP REGULATIONS

Commencement.

1. These Regulations shall come into operation on 16 September 1975.

Interpretation.

2. Regulation 3 of the Australian Citizenship Regulations is amended by inserting in sub-regulation (1) after the definition of “authorized officer” the following definitions:—

“ ‘New Guinea’ has the same meaning as ‘the Territory of New Guinea’ had in the Papua New Guinea Act 1949-1975 immediately before 16 September 1975;

 

* Notified in the Australian Government Gazette on 12 September 1975.

‘Papua’ has the same meaning as ‘the Territory of Papua’ had in the Papua New Guinea Act 1949-1975 immediately before 16 September 1975;”.

Protected persons.

3. Regulation 5 of the Australian Citizenship Regulations is amended-

(a) by omitting sub-regulation (1) and substituting the following sub-regulation:-

“(1) In this regulation, ‘Australian protected person’ means-

(a) a person-

(i) who, immediately before 16 September 1975, was an Australian protected person within the meaning of the Australian Citizenship Regulations as in force immediately before that day; and

(ii) who has not acquired the citizenship of any country (including Australia or the Independent State of Papua New Guinea);

(b) a person-

(i) who was born on or after 16 September 1975;

(ii) who has not acquired the citizenship of any country (including Australia or the Independent State of Papua New Guinea); and

(iii) one of whose natural parents was, at the time of the person’s birth, an Australian protected person; or

(c) a person who-

(i) was, on or after 16 September 1975, registered under sub-regulation (4) as an Australian protected person; and

(ii) has not acquired the citizenship of any country (including Australia or the Independent State of Papua New Guinea).”;

(b) by inserting in sub-regulation (3) after the word “alien” the words “who is not a citizen of any country”; and

(c) by omitting sub-regulations (5), (6), (7) and (8).

Countries to which section 7 of the Act applies.

4. After regulation 5 of the Australian Citizenship Regulations the following regulation is inserted:-

“5a. Each of the following countries is declared to be a country to which section 7 of the Act applies:-

Grenada;

Independent State of Papua New Guinea.”.

Registration of births abroad.

5. Regulation 7 of the Australian Citizenship Regulations is amended -

(a) by omitting sub-paragraph (ii) of paragraph (b) of sub-regulation (1a) and substituting the following sub-paragraph:-

“(ii) a person who was, or had the status of, a British subject and was ordinarily resident-

(a) if the child was born before 16 September 1975 - in Australia, Papua or New Guinea; or

(b) if the child was horn on or after 16 September 1975 - in Australia.”;

and

(b) by omitting from paragraph (d) of sub-regulation (3) the word’s “or New Guinea” and substituting the words Papua or New Guinea before 16 September 1975 or Australia on or after 16 September 1975”.

Issue of declaratory certificate of citizenship

6. Regulation 8 of the Australian Citizenship Regulations is amended by omitting paragraphs (d) and (e) of sub-regulation (4) and substituting the following paragraphs:-

“(d) particulars of his first arrival in Australia, Papua or New Guinea before 16 September 1975 or Australia on or after 16 September 1975;

(da) particulars of the passport held by him on first arrival;

(db) particulars of subsequent journeys outside Australia, Papua or New Guinea before 16 September 1975 or Australia on or after 16 September 1975;

(e) the country in which he last resided permanently before first arrival;”,

Other prescribed matters for the purpose of section 36 of the Act.

7. Regulation 11 of the Australian Citizenship Regulations is amended by omitting paragraphs (b), (c) and (d) and substituting the following paragraphs:-

“(b) particulars of the applicants first arrival in Australia, Papua or New Guinea before 16 September 1975 or Australia on or after 16 September 1975;

(c) particulars of the applicant’s residence in other countries before first arrival;

(d) particulars of the applicant’s subsequent Journeys outside Australia, Papua or New Guinea before 16 September 1975 or Australia on or after 16 September 1975:”.

Second Schedule.

8. The Second Schedule to the Australian Citizenship Regulations is amended by omitting from Form 1 the words “I have associations by way of [manner of association] with Australia (or New Guinea)” and substituting the words “I have had associations by way of [manner of association] with Australia (or Papua or