Citizenship (Burmese) Regulations (Cth)

STATUTORY RULES.

1951. No.21.

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REGULATIONS UNDER THE NATIONALITY AND CITIZENSHIP (BURMESE) ACT 1950.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Nationality and Citizenship (Burmese) Act 1950.

Dated this fifteenth day of March, 1951.

W.J. McKell.

Governor-General.

By His Excellency’s Command,

Minister of State for Immigration.

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Citizenship (Burmese) Regulations.

Citation.

1. These Regulations may be cited as the Citizenship (Burmese) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“ authorized officer ” in relation to the exercise of any power or the discharge of any duty or function under these Regulations, means an officer authorized for that purpose by the Minister ;

“ the Act ” means the Nationality and Citizenship (Burmese) Act 1950 ;

“ declarant ” means a person who makes a declaration under section 3 of the Act.

Form of declaration.

3. A declaration under section 3 of the Act shall be in accordance with the form in the Schedule to these Regulations.

Declaration to be forwarded.

4. For the purpose of exercising a right of election under section 3 of the Act, a person who makes a declaration shall forward the original declaration, together with a copy thereof, to the Secretary, Department of Immigration, Canberra, for registration.

Particulars to be supplied.

5. Before registering the declaration, the Minister or an authorized officer may require the declarant—

(a)to furnish in respect of himself, and of any child whose name is included in the declaration, all or any of the following particulars :—

(i) the place of birth of himself, his father and his paternal grandfather ;

(ii) his date of birth ;

 

* Notified in the Commonwealth Gazette on , 1951.

409—Price 3d. 9/13.2.1951.

 

(iii) if he has been naturalized, the date, serial number and the place of issue of his certificate of naturalization ;

(iv) the date, vessel and port of his first arrival in Australia or New Guinea ;

(v) the periods of his absences (if any) from Australia and New Guinea since his first arrival ;

(vi) if his birth was registered at a British consulate, the place and date of such registration ; and

(vii) if the declarant is a woman who has been married, the place and date of her marriage, and if her marriage has been dissolved, the place, date and manner of dissolution ; and

(b)to furnish such other particulars and to produce such documents as will tend to show that the declarant is entitled to make a declaration.

Further documents to be produced.

6.A declarant shall produce such documents in support of any particulars supplied under the last preceding regulation as are required by the Minister or an authorized officer.

Declaration to be registered.

7.—(1.) Upon being satisfied that the declarant is entitled to make a declaration, and that the particulars supplied by the declarant are correct, the Minister or an authorized officer shall register the declaration.

(2.) Upon registration, the original declaration shall be filed in the records of the Department of Immigration, and a certified copy of the declaration shall be forwarded to the declarant.

Lost copy may be replaced.

8. The Minister or an authorized officer, upon proof, to his satisfaction, that the certified copy of the declaration has been lost or destroyed, may supply a further certified copy of the declaration to a declarant or to any person named in that declaration as a child of the declarant.

Certified copy to be endorsed.

9. A certified copy of a declaration shall have endorsed thereon, a certificate by the Minister or an authorized officer, that it is a true copy of the original declaration and that the original declaration has been registered.

Persons before whom declarations may be made.

10. A declaration may be made before a Justice of the High Court, a Judge, a Magistrate, a Commissioner for Declarations, a Justice of the Peace, a Public Notary or an authorized officer.

Penalties.

11. A declarant, whether in his declaration or in furnishing any particulars or producing any document required under these Regulations, shall not make, orally or in writing, a false or misleading statement.

Penalty : Fifty pounds or imprisonment for three months.

 

THE SCHEDULE.

Regulation 3.

Commonwealth of Australia.

Nationality and Citizenship (Burmese) Act 1950.

DECLARATION OF ELECTION TO REMAIN AN AUSTRALIAN CITIZEN.

I [full name], of [address] do solemnly and sincerely declare :—

1. That immediately before the 29th day of July, 1950, I was an Australian citizen and a British subject.

2. That by reason of the provisions of the Nationality and Citizenship (Burmese) Act 1950, I have ceased to be an Australian citizen and a British subject.

3. That I hereby elect to remain an Australian citizen.

*4. That I am the natural father/mother   of [full name] who resides at [address], a child at present under the age of eighteen years.

Dated this day of , 195 .

(Signature)

Made and subscribed at this day of   , 195 ,

before me

(Justice of the High Court, Judge, Magistrate, Commissioner for Declarations, Justice of the Peace, Notary Public or authorized officer, as the case may be.)

 

* Strike out if inapplicable.

 Strike out whichever is inapplicable.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.