Australian Citizenship Regulations (Amendment) (Cth)

Statutory Rules 1984 No. 3511

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Australian Citizenship Regulations2

(Amendment)

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

Dated 22 November 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

(Sgd) Stewart West

Minister of State for Immigration and

Ethnic Affairs

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Australian Citizenship Regulations.

Interpretation

2. Regulation 3 of the Principal Regulations is amended—

(a) by inserting after the definition of “Papua” in sub-regulation ( 1) the following definition:

“ ‘register’ means—

(a) the Register of Births Abroad referred to in sub-regulation 7 (1) of the Principal Regulations as in force before the commencement of these Regulations;

(b) the Register of Citizenship by Descent referred to in sub-regulation 7 (1) of the Principal Regulations as in force after the commencement of these Regulations; or

(c) both of those Registers,

as the case requires;”; and

(b) by omitting sub-regulation (2).

 

S.R. 342/84 Cat. No.  —Recommended retail price 60c  10/21.11.1984

 

Repeal

3. Regulations 7, 7a, 7b, 7c, 7d, 7e and 7f of the Principal Regulations are repealed and the following regulations substituted;

Register of Citizenship by Descent

“7. (1) There shall be kept at each Australian consulate, in a bound volume containing forms, a register to be known as the Register of Citizenship by Descent.

“(2) For the purposes of sub-regulation (1), a form in the Register of Citizenship by Descent shall be in accordance with Form 2 in the Second Schedule.

Application for registration of name

“7a. (1) An application to register the name of a person for the purposes of section 10b of the Act is not duly made unless the application contains the following particulars:

(a) the full name of the person;

(b) the date and place of birth of the person;

(c) the usual residential address and the postal address of the person;

(d) the full names of the natural parents of the person;

(e) the date and place of birth of each of those parents;

(f) particulars of—

(i) the citizenship or nationality of each of those parents at the time of the birth of the person; and

(ii) in the case of any parent who is an Australian citizen—

(a) the manner in which that citizenship was acquired; and

(b) where the citizenship was acquired by descent—any period of residence of the parent in Australia.

“(2) The validity of the registration of the name of a person for the purposes of section 10b of the Act is not affected by a failure to comply with sub-regulation (1) in relation to the application to which that registration relates.

Correction of entry in register

“7b. Where, in relation to an entry in the register, an authorized officer is satisfied on reasonable grounds that there is an error or omission, the authorized officer shall—

(a) correct the error or omission; and

(b) sign the relevant entry in the margin alongside the correction and add the date of the correction.

 

Cancellation of entry in register

“7c. (1) Subject to this regulation, where the Minister, or a person authorized in writing by the Minister for the purpose of approving such a cancellation, has, by instrument in writing, approved the cancellation of an entry in the register, an authorized officer may cancel the entry accordingly.

“(2) For the purposes of sub-regulation (1), the Minister or a person authorized by the Minister in accordance with that sub-regulation shall not approve the cancellation of an entry in the register unless—

(a) the Minister or person authorized is satisfied on reasonable grounds that the entry has been made on the basis of false information; or

(b) in the case of an entry relating to registration of the birth of a person referred to in paragraph 12 (1) (a)—registration of the name of that person has been effected in accordance with regulation 12.

“(3) An authorized officer who, pursuant to sub-regulation (1), cancels an entry in the register shall—

(a) write in the margin of the entry the words “Cancelled under regulation 7c of the Australian Citizenship Regulations”; and

(b) sign under those words and add the date of the cancellation.

“(4) An authorized officer is not entitled to cancel an entry in the register under this regulation unless the officer considers that the purposes of the cancellation would not be achieved by a correction of that entry.

Copy, &c., of entry in register

“7d. A person is entitled, upon application made in writing by the person to an authorized officer, to be furnished by the authorized officer with such copy of, or extract from, any part of the register as is specified in the application.”.

Declaratory certificate of citizenship

4. Regulation 8 of the Principal Regulations is amended—

(a) by omitting sub-regulations (2) and (2a);

(b) by omitting paragraph (3) (g) and substituting the following paragraph:

“(g) whether, at the time of the applicant’s birth—

(i) where that time is before the commencement of the Australian Citizenship Amendment Act 1984—the father of the applicant; or

(ii) where that time is after the commencement of the Australian Citizenship Amendment Act 1984—a parent of the applicant,

was the diplomatic officer, or consular representative, in Australia of a foreign country;”;

 

(c) by inserting after paragraph (4) (c) the following paragraph:

“(ca) if the name of the applicant was registered at an Australian consulate under section 10b of the Act—particulars of that registration;”;

(d) by omitting from sub-paragraph (5) (a) (i) “or” (second occurring);

(e) by omitting sub-paragraph (5) (a) (ii) and substituting the following sub-paragraphs:

“(ii) sub-section 14 (9) of the Act as in force before the commencement of the Australian Citizenship Amendment Act 1984; or

(iii) sub-section 13 (10) of the Act as in force after the commencement of the Australian Citizenship Amendment Act 1984; or”; and

(f) by omitting from sub-regulation (5) “or guardian” (wherever occurring).

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

5. Regulation 11 of the Principal Regulations is amended by omitting paragraph (1b) and substituting the following paragraphs:

“(1b) if the applicant has been confined in Australia in a prison or psychiatric institution by order of a court made in relation to criminal proceedings against the applicant—particulars of the confinement;

(1c) if the applicant has been released from imprisonment on parole or upon licence, or upon giving a security—particulars of that release;

(1d) if the applicant is aware of any proceedings pending against the applicant for an offence against a law of the Commonwealth, a State or Territory—particulars of those proceedings.”.

Declaration as to renunciation of citizenship

6. Regulation 13 of the Principal Regulations is amended by omitting “section 18” and substituting “sub-section 18 (1)”.

7. After regulation 13 of the Principal Regulations the following regulation is inserted:

Statement and declaration for the purposes of section 23aa of the Act

“13a. (1) For the purposes of section 23aa of the Act, the declaration of desire to resume Australian citizenship is a declaration in accordance with Form 9a.

“(2) A statement and declaration referred to in sub-section 23aa (1) of the Act are not duly made and furnished to the Minister unless so made and furnished in duplicate.

“(3) The manner of registration of a declaration for the purposes of sub-section 23aa (2) of the Act is the following manner:

(a) the original declaration shall be filed in the Department; and

 

(b) a copy of the declaration shall be certified by an authorized officer and sent to the person by whom the declaration is made.”.

Registration of declaration

8. Regulation 17 of the Principal Regulations is amended by inserting in sub-regulation (1) “, or to a person authorized by the Secretary by instrument in writing for the purposes of sections 23a and 23b of the Act,” after “Secretary”.

9. After regulation 20 of the Principal Regulations the following regulations are inserted:

Return endorsement—re-entry permit for Cocos (Keeling) Islands

“21. A re-entry permit issued and in force under the Immigration Ordinance of the Territory of Cocos (Keeling) Islands in relation to a period when a person was not present in Australia shall, in respect of any period specified in the permit that falls within that first-mentioned period, be treated as the equivalent of a return endorsement in force during that second-mentioned period.

Class of persons declared for the purposes of sub-paragraph 5a (1) (d) (ii) of the Act

“21a. (1) For the purposes of sub-paragraph 5a (1) (d) (ii) of the Act, the following class of persons are declared to be permanent residents for the purposes of the Act, namely, that class of persons, being persons who have, or have had, an association with a prescribed Territory, who are not the holders of, or deemed to be included in, a document or endorsement referred to in sub-paragraph 5a (1) (d) (i) of the Act.

“(2) In relation to a person included in a class of persons referred to in sub-regulation (1), the specified period referred to in sub-paragraph 5a (1) (d) (ii) of the Act is, for the purposes of that sub-regulation, a period when the person was not present in a prescribed Territory or Australia.”.

Repeal—citizenship agent

10. Regulations 22, 23, 24, 25, 26 and 27 of the Principal Regulations are repealed and the following regulation is substituted:

Review of decisions

“22. (1) Where—

(a) the Minister makes a decision refusing to cause an applicant referred to in sub-regulation 5 (4) to be registered as an Australian protected person; or

(b) the Minister or a person authorized by the Minister in accordance with sub-regulation 7c (1) makes a decision approving the cancellation of an entry in the register referred to in paragraph 7c (2) (a),

the Minister or person authorized, as the case requires, shall, by notice in writing given not later than 30 days after the date of the decision, inform the

person or persons whose interests are affected by the decision of the making of the decision and of the grounds for the decision.

“(2) An application may be made to the Administrative Appeals Tribunal for review of a decision referred to in sub-regulation (1).

“(3) A notice referred to in sub-regulation (1) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.

“(4) A failure to comply with the requirements of sub-regulation (3) in relation to a decision shall not be taken to affect the validity of the decision.”.

Operation of Principal Regulations

11. The Register of Births Abroad referred to in sub-regulation 7 (1) of the Principal Regulations as in force before the commencement of these Regulations shall continue to be kept at each Australian consulate in accordance with that sub-regulation and the Principal Regulations as amended by these Regulations shall, unless the contrary intention appears, apply in relation to that register accordingly.

Transitional—re-registration

12. (1) Where—

(a) the birth of a person was registered pursuant to regulation 7 of the Principal Regulations as in force before the commencement of these Regulations;

(b) information referred to in paragraph 7a (1) (a) of those Principal Regulations is available to that person or another person; and

(c) but for that commencement, that person or other person would have been entitled to furnish the information for the purposes of re-registration pursuant to regulation 7a of those Principal Regulations,

the person or other person may apply for registration of the name of the person pursuant to regulation 7a of the Principal Regulations as amended by these Regulations as if that first-mentioned registration had not been effected.

(2) Where registration of the name of a person is effected pursuant to sub-regulation (1), the authorized officer effecting that registration shall write, or cause to be written, on the page of the register containing the registration referred to in paragraph (1) (a), a notation in accordance with the following form:

“The name of (insert full name), being the person whose birth is registered under this entry, is registered under (insert designated number of the relevant form) pursuant to section 10b of the Australian Citizenship Act 1948.”.

 

Second Schedule

13. The Second Schedule to the Principal Regulations is amended—

(a) by omitting Form 2 and substituting the following form:

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FORM 2 Regulation 7

No.

COMMONWEALTH OF AUSTRALIA

Australian Citizenship Act 1948

Register of Citizenship by Descent

Full name of person registered:

Date of registration:

Date and place of birth of person:

Full name of Australian citizen parent:

Manner in which Australian citizenship of parent(s) acquired:

Signature of authorized officer

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DIRECTION

Where both parents are Australian citizens, particulars of the manner which the citizenship was acquired should be given for each of those parents.

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(b) by omitting from Form 9 “( ) of section 18” and substituting “18 (1)”; and

(c) by inserting after Form 9 the following form:

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FORM 9a  Regulation 13a

No.

COMMONWEALTH OF AUSTRALIA

Australian Citizenship Act 1948

Declaration of desire to resume Australian citizenship

I, (full name), of (usual residential address), having ceased to be an Australian citizen under section 17 of the Australian Citizenship Act 1948, hereby—

(a) declare that I wish to resume Australian citizenship; and

(b) submit in support of this declaration the following statement:

Signature

Declared at........................................................ on…………………………………………………1984  before me—

Signature

(Justice of the High Court, Judge,

Magistrate, Commissioner for

Declarations, Justice of the Peace,

Notary Public or authorized officer)

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DIRECTION

Where there is insufficient space on this form to furnish the statement, the statement is to be furnished in a separate annexure.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 November 1984.

2. Statutory Rules 1960 No. 62 as amended to date. For previous amendments see Note 2 to Statutory Rules 1984 No. 252 and see also Statutory Rules 1984 No. 252.

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