Citizenship Act 1969

Legislation au C1969A00022 Not in force Act

Legislation content

Citizenship

No. 22 of 1969

An Act relating to Australian Citizenship and the Status of British Subject.

[Assented to 4 June 1969]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Citizenship Act 1969.

(2.) The Nationality and Citizenship Act 1948-1967 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Citizenship Act 1948-1969.

Commencement.

2.—(1.) Sections 1, 2, 4 (other than paragraphs (a) and (b)), 5 (other than paragraphs (a) and (b)), 9 to 11 (inclusive), 12 (other than paragraph (b)), 13, 14, 20 and 23 of this Act shall come into operation on the day on which this Act receives the Royal Assent.

(2.) The remaining provisions of this Act shall come into operation on such date as is, or on such dates as respectively are, fixed by Proclamation.

Title.

3. The title of the Principal Act is amended by omitting the words “British Nationality and Australian Citizenship” and inserting in their stead the words “Australian Citizenship and the Status of British Subject”.

Parts.

4. Section 4 of the Principal Act is amended—

(a) by omitting the words—

“Part II.—British Nationality (Sections 7-9).”

and inserting in their stead the words—

“Part II.—The Status of British Subject (Sections 7-9).”;


(b) by inserting after the words—

“Division 1.—Citizenship by Birth or Descent (Sections 10-11).”

the words—

“Division 1a.—Citizenship by Notification (Sections 11a-11c).”;

and

(c) by inserting after the words—

“Division 4.—Loss of Citizenship (Sections 17-23b).”

the words—

“Division 5—General (Section 23c).”.

Interpretation.

5. Section 5 of the Principal Act is amended—

(a) by omitting from sub-section (1.) the definition of “alien” and inserting in its stead the following definition:—

“‘alien’ means a person who does not have the status of a British subject and is not an Irish citizen or a protected person;”;

(b) by omitting from sub-section (1.) the definitions of “British subject” and “naturalized person”;

(c) by omitting from sub-section (1.) the definition of “the United Kingdom and Colonies” and inserting in its stead the following definition:—

“‘the United Kingdom and Colonies’ means the United Kingdom of Great Britain and Northern Ireland together with its Colonies, the Channel Islands and the Isle of Man;”;

(d) by inserting after paragraph (a) of sub-section (3.) the following paragraph:—

“(aa) a person who, when a child, was found abandoned…

Overview

The Citizenship Act 1969, enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, was designed to address the need for a comprehensive and updated legal framework governing Australian citizenship and the status of British subjects. This Act amended the existing Nationality and Citizenship Act 1948-1967, now referred to as the Principal Act, to streamline and clarify the definitions, rights, and responsibilities associated with Australian citizenship and the status of British subjects. The Act introduces several key changes, including revised definitions, new pathways to citizenship, and specific provisions for the status of British subjects. It also establishes a more detailed process for renunciation of citizenship and introduces penalties for altering citizenship certificates. This legislative update aimed to provide a clearer legal structure to manage citizenship statuses and align them with contemporary national and international legal standards.

Scope and Application

The Citizenship Act 1969 governs the acquisition, retention, and loss of Australian citizenship, as well as the status of British subjects and related matters. The Act applies to individuals who are Australian citizens, individuals who are British subjects, and other relevant persons or entities as defined within the Act. The Act has a national jurisdictional reach as it is a Commonwealth Act. The Act outlines various methods of acquiring Australian citizenship, such as by birth, descent, or naturalization. It also details circumstances under which an individual may lose their Australian citizenship, such as by renunciation or by operation of law. The Act includes provisions for the status of British subjects and British subjects without citizenship, addressing the rights and obligations of such individuals in relation to Australian laws and regulations. The Act allows for the making of regulations to further specify and implement its provisions.

Key Provisions

  • The Citizenship Act 1969, as amended, governs the acquisition, retention, and loss of Australian citizenship and the status of British subjects. The main operative sections of the Act define who is considered an Australian citizen and who holds the status of a British subject. Section 7 stipulates that an Australian citizen or a citizen of a specified country has the status of a British subject by virtue of their citizenship. Section 11 sets out the criteria for citizenship by descent, while section 11c outlines the process for citizenship by notification for eligible individuals.
  • The Act imposes various obligations on the parties it governs. For instance, individuals seeking to register the birth of a child born outside Australia must declare specific information, such as the absence of a custody order or the death of a parent, to validate the registration. Additionally, section 23c allows Australian citizens to declare their national status when required, simplifying the process of proving citizenship.
  • Breaches of the Act can result in both civil and criminal consequences. For example, section 48a imposes a penalty of two hundred dollars for the failure to surrender an evidentiary certificate upon revocation. Furthermore, section 49 establishes a penalty of four hundred dollars or imprisonment for twelve months for altering a certificate of Australian citizenship without lawful authority. Section 50 increases the penalty for making false representations from three to six months' imprisonment, reflecting the seriousness of such offenses.

Legal classification tags

Area of Law
Citizenship Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Transitional Provisions
Offence Provisions
Reporting & Disclosure Obligations
Regulatory Standards

Continue reading Citizenship Act 1969

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.