Citizenship Regulations (Amendment) (Cth)

Statutory Rules

1973 No. 196

REGULATIONS UNDER THE CITIZENSHIP ACT 1948-1969.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice, of the Executive Council, hereby make the following Regulations under the Citizenship Act 1948-1969.

Dated this twenty-fifth day of September, 1973.

Paul Hasluck

Governor- General.

By His Excellency's Command,

Minister of State for Immigration.

Amendements of the Citizenship Regulations

Commencement.

1. These Regulations shall come into operation on the date fixed under subsection 2 (3) of the Australian Citizenship Act 1973.

Citation.

2. Regulation 1 of the Citizenship Regulations is amended by omitting the words “ Citizenship Regulations ” and substituting the words “ Australian Citizenship Regulations ”.

Interpretation.

3. Regulation 3 of the Citizenship Regulations is amended by omitting the definition of “ the Act ” and substituting the following definition:—

“ ' the Act ' means the Australian Citizenship Act 1948-1973.".

Protected persons.

4. Regulation 5 of the Citizenship Regulations is amended—

(a) by omitting from the end of paragraph (a) of sub-regulation (1) the word “ or ”;

(b) by adding at the end of paragraph (b) of sub-regulation (1) the word “ ; or ”;

(c) by inserting after that paragraph the following paragraph:—

“ (c) who, having been born outside New Guinea, was at the time of his birth the child of a person referred to in paragraph (a) or (b),"; and

• (d) by omitting from sub-regulation (5) the words

   “ twenty-one years ” and substituting the words “ eighteen years ”.

* Notified in the Australian Government Gazette on 4 October 1973.

  Statutory Rules 1960, No. 62, as amended by Statutory Rules 1961, No. 120; 1964, No. 1; 1965, Nos. 8 and 146; 1947, No. 149; 1963. No. 129; 1969, No. 72; 1970, Nos, 9 and 189; and 1973, No. 29.

14224/73-Price 15c 10/4.9.1973

 

Repeal of regulation 5a.

5. Regulation 5a of the Citizenship Regulations is repealed.

Notation of re-registration of birth.

6. Regulation 7b of the Citizenship Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (3) the words “ Citizenship Regulations ” and substituting the words “ Australian Citizenship Regulations ”; and

(b) by omitting from paragraph (a) of sub-regulation (4)the words “ Citizenship Regulations ” and substituting the words “ Australian Citizenship Regulations ”.

Cancellation of entries in register of births.

7. Regulation 7f of the Citizenship Regulations is amended by omitting from sub-regulation (1) the words “ Citizenship Regulations ” and substituting the words “ Australian Citizenship Regulations ”,

Issue of declaratory certificate of citizenship.

8. Regulation 8 of the Citizenship Regulations is amended—

(a) by omitting from paragraph (g) of sub-regulation (3) the words “ twenty-one years ” and substituting the words “ eighteen years ”;

(b) by omitting paragraphs (a) and (b) of sub-regulation (4) and substituting the following paragraphs:—

“ (a) if he has the status of a British subject—evidence that he has that status;

 (b) the place and date of birth, and particulars of the nationality, of each of his parents;";

(c) by omitting paragraph (f) of sub-regulation (4) and substituting the following paragraph:—

“ (f) if the applicant is a woman who acquired the status of a British subject by marriage—the place and date of birth of her husband and particulars of his citizenship or nationality; and "; and

(d) by omitting sub-regulation (5) and substituting the following sub-regulation:—

“ (5) Where the name of an Australian citizen who has not attained the age of sixteen years has been included in a certificate of Australian citizenship in accordance with—

(a) sub-section 12 (3) or sub-section 15 (6) of the Nationality and Citizenship Act 1948-1955, as amended; or

(b) sub-section 14 (9) of the Act,

his responsible parent or his guardian may make application on his behalf for a declaratory certificate of citizenship.”.

Repeal of regulation 9.

9. Regulation 9 of the Citizenship Regulations is repealed.

Certificate under section 14.

10. Regulation 10 of the Citizenship Regulations is amended—

(a) by omitting the word “ section 15 ” and substituting the word “ section 14 ”; and

(b) by omitting the words “ Form 7 or Form 8 ” and substituting the words “ Form 6 or Form 7 ”

Certificate under section 32.

11. Regulation 10a of the Citizenship Regulations is amended by omitting the word “ Form 9 ” and substituting the word “ Form 8 ”.

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

12. Regulation 11 of the Citizenship Regulations is repealed and the following regulation substituted:—

“ 11. The following are other prescribed matters for the purpose of section 36 of the Act:—

(a) the height, colour of hair and eyes and any visible distinguishing marks of the applicant;

(b) details of the applicant’s first arrival in Australia or New Guinea and of the passport then held by him;

(c) details of the applicant’s journeys outside Australia or New Guinea since his first arrival;

(d) details of the applicant’s residence in other countries before his first arrival in Australia or New Guinea;

(e) the applicant’s marital status;

(f) if the applicant is married—

(i) the date and place of themarriage and the name and date of birth of the applicant’s spouse;

(ii) if the applicant’s spouse is resident in Australia—the address of thespouse and details of the spouse’s arrival in Australia; and

(iii) if a certificate of Australian citizenship has been granted to the spouse—particulars of the certificate;

(g) if the applicant’s marriage has been dissolved or annulled—the date on which, place at which and manner in which it was dissolved or annulled;

(h) if the applicant has any children who have not attained the age of sixteen years, and whose names he wishes to have included in his certificate—their names, the places and dates of their births and their places of residence;

(i) the place and date of birth of each of the applicant’s parents;

(j) if a parent of the applicant has been granted a certificate of Australian citizenship—particulars of the certificate;

(k) if the applicant is a woman who acquired the status of a British subject by marriage—the name, the place and date of birth of her husband and, if her husband has been granted a certificate of Australian citizenship, particulars of the certificate;

(l) if the applicant has acquired the nationality of a foreign country-particulars of the acquisition; and

(m) whether the applicant is prepared to take an oath of allegiance or make an affirmation of allegiance as provided for in section 15 of the Act."

Declarationof Renunciation.

13. Regulation 13 is amended by omitting the word “ Form 10 ” and substituting the word “ Form 9 ”.

Declaration of desire to resume citizenship under subsection 23a (1).

14. Regulation 14 is amended by omitting the word “ Form 11 ” and substituting the word “ Form 10 ”.

Declaration of desire to resume citizenship under sub-section 23B(1).

15. Regulation 15 is amended by omitting the word “ Form 12 ” and substituting the word “ Form 10 ”.

Declaration of resumption of British nationality.

16. Regulation 16 is amended by omitting the word “ Form 13 ” and substituting the word “ Form 11 ”.

Persons proposing to act as citizenship agents to give notice to Department.

17. Regulation 22 of the Citizenship Regulations is amended by omitting from paragraph (a) of sub-regulation (1) the word “ Form 14 ” and substituting the word “ Form 12 ”.

Minister may fix maximum charges.

18. Regulation 26 of the Citizenship Regulations is amended by omitting from sub-regulation (1) the words “ the Act ” and substituting the words “ the Citizenship Act 1948-1969 or the Act ”.

Second Schedule.

19. The Second Schedule to the Citizenship Regulations is repealed and the following Schedule is substituted:—

SECOND SCHEDULE

Form 1 Regulation 6 (d)

Australian Citizenship Act

NOTICE OF CLAIM BY IRISH CITIZEN TO BE ENTITLED TO THE STATUS OF A BRITISH SUBJECT

In pursuance of section 8 of the Australian Citizenship Act 1948-19 , I [full name] of [address], having been born at [place of birth] on [date of birth], hereby give notice that I claim to be entitled to the status of a British subject on the following grounds:—

I am (or have been) in service under an Australian Government, particulars whereof are as follows :—

I am the holder of an Australian passport issued by the Australian Government, particulars whereof are as follows:—

I have associations by way of [manner of association]with Australia (or New Guinea), particulars whereof are as follows:—

Dated this day of , 19 .

Signature of Claimant

Form 2 Regulation 7

REGISTER OF BIRTHS

No. Name of Child Sex Date of Registration Whether present or not Date and Place of Birth Name of Father Maiden Name of Mother Previous Issue (Names and Ages) Witnesses to Birth

Form 3 Regulation 7g

Australian Citizenship Act

NOTICE OF DESIRE TO BECOME AN AUSTRALIAN CITIZEN

In pursuance of section 11C the of the Australian Citizenship Act 1948-19 , 1 [full name] of [address](the responsible parent or guardian of ) hereby give notice that

I desire (or the said desires) to become an Australian citizen,

and I furnish the following information (concerning the said ) :—

Date of birth

Place of birth

Citizenship

Date of arrival in Australia or New Guinea

Absences from Australia or New Guinea

[Here set out the date of each departure and return]

Dated this day of , 19 .

Signature

Form 4 Regulation 7g

Australian Citizenship Act

EVIDENTIARY CERTIFICATE OF AUSTRALIAN CITIZENSHIP

This is to certify that whose particulars appear

hereunder, is an Australian citizen from the day of ,

19 , by virtue of the provisions of section the of the Australian Citizenship Act 1948-19 .

Dated at this day of , 19 .

Signature and description of authorized officer issuing Certificate.

Particulars of Grantee

Full name

Date and place of birth

Height

Colour of eyes

Colour of hair

Specimen signature

Form 5 Regulation 8

Australian Citizenship Act

DECLARATORY CERTIFICATE OF CITIZENSHIP

This is to certify that , whose particulars are endorsed on the

reverse side hereof, is an Australian citizen.

Dated at this day of , 19 .

Signature and description of authorized officer issuing Certificate.

[Reverse side of form]

Particular of Grantee

Full name

Address

Date and place of birth

Height

Colour of eyes

Colour of hair

Visible distinguishing features

Specimen signature of grantee

Form 6 Regulation 10

Australian Citizenship Act

CERTIFICATE OF AUSTRALIAN CITIZENSHIP

, having applied for a Certificate of Australian Citizenship, having stated the particulars set out on the reverse side of this Certificate, and having satisfied the conditions prescribed by the Australian Citizenship Act 1948-19 for the grant of such a Certificate:

I, the Minister of State for Immigration, hereby grant this Certificate of Australian Citizenship to the abovenamed applicant who shall be an Australian Citizen as from the date upon which the applicant takes an oath of allegiance or makes an affirmation of allegiance: in the manner prescribed by the Australian Citizenship Act 1948-19 .

Dated

Issued by Authority of the

Minister of State for Immigration

…………………………………..

Authorized Officer

L.S.

……………………………………..

Minister of State for Immigration

[Reverse side of form]

ADMINISTRATION OF OATH OR AFFIRMATION OF ALLEGIANCE

I, , hereby certify that on the day and at the place

  

mentioned below, the grantee of this Certificate appeared before me and	(swore an oath)
	(made an affirmation)

of allegiance in the manner prescribed by the Australian Citizenship Act 1948-19 .

Date Place

…………………………………

Signature

…………………………………

Title

PARTICULARS RELATING TO APPLICANT

Surname

Given names

Address

Date and place of birth

Height

Visible distinguishing features

Colour of eyes

Colour of hair

Specimen signature of applicant

CHILDREN INCLUDED IN CERTIFICATE

The names of the following children who have not attained the age of sixteen years and of whom the grantee of this Certificate is the responsible parent or guardian have been included in this certificate.

Name of child	Date and place of birth	Signature of Authorized Officer
1.
2.
3.
4.
5.
6.
7.
8.

Dated

………………………………………

Minister of State for Immigration.

Form 7 Regulation 10

Australian Citizenship Act

CERTIFICATE OF AUSTRALIAN CITIZENSHIP

, having applied for a Certificate of Australian Citizenship, having stated the particulars set out on the reverse side of this Certificate, and having satisfied the conditions prescribed by the Australian Citizenship Act 1948-19 for the grant of such a Certificate:

I, the Minister of State for Immigration, hereby, grant this Certificate of Australian Citizenship to the abovenamed applicant who shall be an Australian Citizen as from the date of granting of this Certificate.

Dated

Issued by Authority of the

Minister of State for Immigration

……………………

Authorized Officer

LS.

…………………………………….

Minister of State for Immigration

[Reverse side of form]

PARTICULARS RELATING TO APPLICANT

Surname

Given names

Address

Date and place of birth

Height

Visible distinguishing features.

Colour of eyes

Colour of hair

Specimen signature of applicant

Form 8 Regulation 10a

Australian Citizenship Act

CERTIFICATE OF AUSTRALIAN CITIZENSHIP

, having applied for a Certificate of Australian Citizenship, having stated the particulars set out on the reverse side of this Certificate, and having satisfied the conditions prescribed by section 32 of the Australian Citizenship Act 1948-19 for the grant of such a Certificate:

I, the Minister of State for Immigration, hereby grant this Certificate of Australian Citizenship to the abovenamed applicant.

Dated

Issued by Authority of the

Minister of State for Immigration

…………………………

Authorized Officer

L.S

…………………………………..

Minister of Slate for Immigration

[Reverse side of form]

PARTICULARS RELATING TO APPLICANT

Surname

Given names

Address

Date and place of birth

Height

Visible distinguishing features

Colour of eyes

Colour of hair

Specimen signature of applicant

Form 9 Regulation 13

Australien Citizenship Act

DECLARATION OF RENUNCIATION OF AUSTRALIAN CITIZENSHIP

I , of , being an Australian citizen, do hereby declare that I renounce my Australian citizenship under the provisions of sub-section ( ) of section 18 of the Australian Citizenship Act 1948-19

Signature

Declared at this day of

, 19 , before me—

Signature

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

Form 10

Regulations 14 and 15

Australian Citizenship Act

DECLARATION OF DESIRE TO RESUME AUSTRALIAN CITIZENSHIP

I, , of , having ceased to be an

Australian citizen under section 20 of the Nationality and Citizenship Act 1948-1955,

[or]

I, , of , being the	son	of…………………
	daughter

and, having, while not of full age, ceased to be an Australian citizen under sub-section 23 (1)

of the	Nationality and Citizenship Act , 1948-19
	Citizenship Act 1948-1969
	Australian Citizenship Act 1948-19 ,

[or]

I, , of , being the	son	of…………………
	daughter

and having while not of full age, ceased to be an Australian citizen by an order of the Minister made

under sub-section 23 (2) of the	Nationality and Citizenship Act 1948-19	do hereby declare
	Citizenship Act 1948-1969
	Australian Citizenship Act 1948-19

that I wish to resume Australian citizenship.

Signature

Declared at this day of

, 19 , before me—

Signature

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

Form 11 Regulation 16

Australian Citizenship Act

DECLARATION OF DESIRE TO RESUME BRITISH NATIONALITY

I, , of , being a person who—

(a) under the provisions of sub-section (1) of section 20 of the Nationality Act 1920— ceased to be a British subject by reason that Iwas a minor child of who ceased to be a British subject; and

(b) on the date of commencement of the Nationality and Citizenship Act 1948, would, but for the provisions of that subsection, have been an Australian citizen (or a British subject without citizenship by virtue of section 26 of the Nationality and Citizenship Act 1948),

do hereby declare that I wish to resume British nationality.

Signature

Declared at this day of

, 19 , before me—

Signature

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

Form 12 Regulation 22

Australian Citizenship Regulations

NOTICE OF INTENTION TO ACT AS A CITIZENSHIP AGENT

I, , of , hereby give notice under sub-regulation (1) of regulation 22 of the abovementioned Regulations that I intend to act as a citizenship agent under the abovementioned Regulations.

2. I give the following particulars about myself:—

Full name

Date and place of birth

Nationality

Nature of business

Business address

Private address

Dated this day of , 19 .

Signature

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