Christmas Island (Citizenship) Regulations (Cth)

Christmas Island (Citizenship) Regulations

Statutory Rules 1958 No. 61 as amended

made under the

Christmas Island Act 1958

This compilation was prepared on 9 May 2002

taking into account amendments up to SR 2002 No. 93

[Note:

These regulations were repealed by SR 2002 No. 93]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

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    1Citation [see Note 1]

 These Regulations may be cited as the Christmas Island (Citizenship) Regulations.

2Interpretation

 In these Regulations, unless the contrary intention appears:

authorized officer, in relation to the exercise of a power or function under these Regulations, means a person authorized for that purpose by the Minister.

declarant means a person who makes a declaration.

declaration means a declaration under section 15 or 15A of the Act.

the Act means the Christmas Island Act 1958.

the Secretary means the Secretary to the Department of Immigration and Ethnic Affairs.

3Form of declaration

• (1)

  A declaration under section 15 of the Act shall be in accordance with Form 1 in the Schedule.

• (2)

  A declaration under section 15A of the Act shall be in accordance with Form 2 in the Schedule.

4Forwarding of declaration

• (1)

  A person who makes a declaration may forward the declaration to, or lodge it with, the Secretary or an authorized officer.

• (2)

  Where a declaration is forwarded to, or lodged with, an authorized officer, that officer shall forward it to the Secretary.

5Registration of declaration

• (1)

  Upon being satisfied that the declarant is entitled to make a declaration and that the declaration complies with the requirements of these Regulations, the Secretary shall register the declaration.

• (2)

  Upon registration, the declaration shall be filed in the records of the Department of Immigration and Ethnic Affairs, and a certified copy of the declaration shall be forwarded to the declarant.

6Particulars, etc, may be required

 The Secretary may require a declarant to furnish such particulars and produce such documents as the Secretary thinks necessary to establish that the declarant is entitled to make a declaration, and may refuse to register the declaration until those particulars and documents are furnished or produced.

7Replacement of lost copy of declaration

 If he is satisfied that a certified copy of a declaration has been lost or destroyed, the Secretary may supply a further certified copy of the declaration to the declarant.

8Certified copy to be endorsed

 A certified copy of a declaration shall have endorsed on it a certificate by the Secretary or an authorized officer that it is a true copy of the original declaration and that the original declaration was registered in accordance with these Regulations on a date specified in the certificate.

9Persons before whom declaration may be made

 A declaration may be made before a Commissioner for Declarations, a Justice of the Peace or an authorized officer.

10Penalties

 A declarant shall not, in his declaration or in furnishing particulars or producing a document required to be furnished or produced under these Regulations, make, orally or in writing, a false or misleading statement.

Penalty:   $100 or imprisonment for 3 months.

Schedule

Form 1Declaration undersection 15

(sub-regulation 3) (1))

COMMONWEALTH OF AUSTRALIA

Christmas Island Act 1958

DECLARATION UNDER SECTION 15

I, (full name) of (address) do solemnly and

sincerely declare as follows:

1. I was, immediately before the first day of October, 1958, a British subject ordinarily resident in Christmas Island.

2. I wish to become an Australian citizen.

 (Signature)

Made and subscribed at

this

day of , 19 .

before me

(Person before whom declaration is made.)

Form 2Declaration under section 15A

(subregulation 3) (2))

COMMONWEALTH OF AUSTRALIA

Christmas Island Act 1958

DECLARATION UNDER SECTION 15A

I, (full name) of (address) do solemnly and

sincerely declare as follows:

• 1.

  I am not an Australian citizen.

  2. I was immediately before 1 October 1958 ordinarily resident in Christmas Island.

• 3.

  I am ordinarily resident in*

• 4.

  I was born on 19 .

• 5.

  I wish to become an Australian citizen.

(Signature of the declarant)

Made and subscribed at

this day of 19 .

 before me

 (Signature of the person before whom declaration is made)

________________________________________________________________

• *

  Here insert ‘Australia’ or, where the applicant is resident in an external Territory, the name of that external Territory, as the case requires.

Notes to the Christmas Island (Citizenship) Regulations

Note 1

The Christmas Island (Citizenship) Regulations (in force under the Christmas Island Act 1958) as shown in this compilation comprise Statutory Rules 1958 No. 61 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1958 No. 61	2 Oct 1958	2 Oct 1958
1979 No. 36	14 Mar 1979	14 Mar 1979	—
1980 No. 371	23 Dec 1980	23 Dec 1980	—
2002 No. 93	9 May 2002	9 May 2002	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 2..........................................	am. 1979 No. 36; 1980 No. 371
Rr. 3, 4....................................	am. 1980 No. 371
R. 5..........................................	am. 1979 No. 36
R. 10........................................	am. 1980 No. 371
Heading to The Schedule....	rep. 1980 No. 371
Heading to Schedule............	ad. 1980 No. 371
Heading to Form 1.............	ad. 1980 No. 371
Form 2..................................	ad. 1980 No. 371