Australian Citizenship Regulations (Amendment) (Cth)

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Statutory Rules 1993 No.

362

Australian Citizenship Regulations2

(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

1993.

15

December

Governor-General

BILL

HAYDEN

By His Excellency's Command,

NICK BOLKOS

Minister for Immigration and Ethnic Affairs

1. Commencement

1.1 Regulation 8 and subregulation 9.2 commence on the

93F124B, 24/11/93, 3:52 PM

commencement of the Australian Citizenship Amendment Act 1993.

[NOTE: The remainder of these Regulations commence on gazettal: see Acts

Interpretation Act 1901, s. 48. ]

2. Amendment

2.1 The Australian Cit izenship Regulat ions are amended as set out in these Regulat ions.

3. Regulation 2 (Repeal and saving)

3.1

Subregulation 2 (1):

Omit "First Schedule to these Regulations", substitute "Schedule 1".

3 .2

Subregulation 2 (2):

Omit "the last preceding subregulation", substitute "subregulat ion

( l ) ".

4. Regulation 3 (Interpretation)

4.1

Subregulation 3 (1) (definition o f "authorised officer"):

Omit "Immigration, Local Government", substitute "Immigration".

4 .2

Subregulation 3 ( 1 ) (definition of "New Guinea"):

Omit "1949-1975", substitute "1949".

4.3

Subregulation 3 ( 1 ) (definition of "Papua"):

Omit "1949-1975", substitute "1949".

4 .4

Subregulation 3 ( 1 ) (definition of "register", paragraph (a)):

Omi t all the words after "subregulation 7 (1)", substitute, "of the Regulat ions as in force before the c o m m e n c e m e n t of Statutory Rules 1984 N o. 351".

4.5

Subregulation 3 ( 1 ) (definition of "register", paragraph (b)):

Omi t all the words after "subregulation 7 (1)", substitute, "of the Regulat ions as in force after the c o m m e n c e m e n t of Statutory Rules 1984 N o. 351".

4 .6

Subregulation 3 ( 1 ) (definition of "the Act"):

Omit "1948-1973", substitute "1948".

4.7 Subregulation 3 (3):

Omit "Second Schedule", substitute "Schedule 2".

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5. Regulation 7 (Register of Citizenship by Descent)

5.1 Subregulation 7 (2):

Omit "in the Second Schedule".

6. Regulation 7C (Cancellation of entry in register)

6.1 Paragraph 7C (2) (b):

After "paragraph 12 (1) (a)", insert "of Statutory Rules 1984 No.

351".

6.2 Paragraph 7C (2) (b):

After "regulation 12", insert "of Statutory Rules 1984 No. 351".

7. Regulation 10 (Certificate of Australian citizenship)

7.1 Omit the regulation, substitute:

Certificate of Australian Citizenship

"10. (1) A Certificate of Australian Citizenship granted under section 13 of the Act must be in accordance with Form 6.

"(2) A Certificate of Australian Citizenship granted under section 32 of the Act must be in accordance with Form 8.".

subsection 36 (1) of the Act)

8.1 Paragraph 11 (m):

8. Regulation 11 (Prescribed matters for the purposes of allegiance", substitute "make a pledge of commitment".

9. Regulation 12 (Issue of certificate of Australian citizenship)

9.1 Omit the regulation, substitute:

Issue of Certificate of Australian Citizenship "12. (1) A Certificate of Australian Citizenship may be

issued with the signature of the Minister printed or stamped on it as a

facsimile signature.".

93R248, 24/11/93, 3:52 PM

4

Australian Citizenship

1993 No.

9.2 After subregulation 12(1), insert:

"(2) At a ceremony for the presentation of Certificates of Australian Citizenship, the person making the presentation must, before presenting the certificates, read out the following statement:

'Australian citizenship represents formal membership of the undertake to accept these obligations

community of the Commonwealth of Australia; and

Australian citizenship is a common bond, involving reciprocal

rights and obligations, uniting all Australians, while respecting

their diversity; and

by pledging loyalty to Australia and its people, and

by sharing their democratic beliefs, and

by respecting their rights and liberties, and

by upholding and obeying the laws of Australia.'.".

10. First Schedule (Statutory Rules repealed)

10.1 Omit the heading, substitute:

"SCHEDULE 1

Regulation 2

STATUTORY RULES REPEALED".

11. Second Schedule (Forms)

11.1 Omit the heading, substitute:

"SCHEDULE 2

Subregulation 3 (3)

FORMS".

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11.2 Form 6:

Omit the Form, substitute:

"FORM 6

Subregulation 10 (1)

COMMONWEALTH OF AUSTRALIA

Australian Citizenship Act 1948

CERTIFICATE OF AUSTRALIAN CITIZENSHIP

(Full name of the applicant)

born on (date)

having applied for a Certificate of Australian Citizenship, having satisfied the conditions prescribed by the Australian Citizenship Act 1948 for the grant of such a Certificate and having undertaken to fulfil the responsibilities of a citizen,

I, the Minister for Immigration and Ethnic Affairs, grant this Certificate of Australian Citizenship to the abovenamed applicant who is an Australian citizen on and after (date).

Issued by the authority of

(Signature or printed or stamped

the

M i n i s t e r

for

signature

of the

Minister)

Immigration and Ethnic

A f f a i r s

MINISTER FOR IMMIGRATION

(See Note 1 below)

AND ETHNIC AFFAIRS

(Signature

of

the

presenter

(optional)—see Note 2 below)

No.

(applicant's

(Office of the presenter—see

Note

citizenship

identity

3 below)

number)

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CHILDREN INCLUDED IN CERTIFICATE

The names of the following children who had not attained the age of 16 years at the time of application and of whom the grantee of this Certificate is a responsible parent, have been included in this Certificate:

NAME OF CHILD

DATE OF BIRTH

(Statement where no children are included—see Note 4 below)

(Signature

or

printed

or

stamped

signature of the Minister)

MINISTER FOR IMMIGRATION

AND ETHNIC AFFAIRS

NOTES

1. Where the Certificate is issued by the Minister substitute the following: 'Issued by the Minister for Immigration and Ethnic Affairs'.

2. If desired, the person (in the above form and in these notes referred to as 'the presenter') who performs the function of administering the pledge of commitment to the applicant (in the above form and in these notes referred to as 'the prescribed function') may sign his or her signature where indicated above.

3. If the presenter signs his or her signature as referred to in Note 2 above following the performance of the prescribed function and the presenter performed that function by virtue of an office held by him or her, the presenter must set out that office where indicated above (e.g., 'President,

Shire of

').

4. Where no children are included in the Certificate insert the following statement where indicated above:

'THERE ARE NO CHILDREN INCLUDED IN THIS CERTIFICATE'."

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11.3 Form 8:

Omit "hereby".

11.4 Form 8

Omit "Minister of State for Immigration, Local Government and

Ethnic Affairs", substitute "Minister for Immigration and Ethnic

Affairs".

11.5 Form 9:

Omit the Form, substitute:

"FORM 9

Regulation 13

Australian Citizenship Act 1948

DECLARATION OF RENUNCIATION OF

AUSTRALIAN CITIZENSHIP

I,

, of

being an Australian citizen, declare that I renounce my Australian citizenship under subsection 18 (1) of the Australian Citizenship Act 1948.

(Signature)

Declared at

on

19

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11.6 Form9A:

Omit all the words from and including "Australian

Citizenship

Regulations"

to and including "hereby declare", substitute:

"Australian Citizenship Act 1948

DECLARATION OF WISH TO RESUME AUSTRALIAN

CITIZENSHIP UNDER SECTION 23AA

I, having ceased to be an Australian citizen under the Australian

Citizenship Act 1948, declare".

11.7 Form 10:

Omit the Form, substitute:

"FORM 10

Regulations 14 and 15

Australian Citizenship Act 1948

DECLARATION OF DESIRE TO RESUME AUSTRALIAN

CITIZENSHIP UNDER SECTION 23A OR 23B

I,

, of

*

having ceased to be an Australian citizen, under section 20 of

the Nationality and Citizenship Act 1948,

*

being the ^son/daughter of (full name of parent) and having,

while not of full age, ceased to be an Australian citizen:

* under subsection 23 (1) of the * Nationality and Citizenship Act 19481 Citizenship Act 19481 Australian Citizenship Act 1948,

* by an order of the Minister made under subsection 23 (2) of the ^Nationality and Citizenship Act 19481 Citizenship Act 19481 Australian Citizenship Act 1948,

declare that I wish to resume Australian citizenship.

93H248, 24/11/93. 4:08 PM

Declared at

on

, 19

(Signature of applicant)

Dele te whichever does not apply.".

NOTES

1. Notified in the Commonwealth of Australia Gazette on

1993 23 December

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 Nos. 28, 221, 305 and 486; 1992 No. 171.

93RZ48, 24/11/93, 3:52 PM

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