Citizenship Regulations (Amendment) (Cth)

STATUTORY RULES.

1955. No..

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REGULATIONS UNDER THE NATIONALITY AND

CITIZENSHIP ACT 1948-1955.*

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 Act 1948-1955.

Dated this Tenth

day of  November  , 1955.

W. J. Slim

Governor-General.

By His Excellency's Command,

Minister of State for Immigration.

Amendments of the Citizenship Regulations. 

Definitions.

1. Regulation 3 of the Citizenship Regulations is amended by inserting in the definition of " authorized officer " in sub-regulation (1.), after the word " officer ", the words " of the Department of Immigration, or a person, or a person included in a class of persons,".

2. Regulations 8, 9, 10 and 11 of the Citizenship Regulations are repealed and the following regulations inserted in their stead :—

Certificate of registration as an Australian citizen.

" 8. A certificate of registration shall be in accordance with Form C or D, as the case requires.

Certificate of naturalization as an Australian citizen.

" 9. A certificate of naturalization shall be in accordance with Form E, EA or F, as the case requires.

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

" 10.—(1.) Subject to this regulation, the following are other prescribed matters for the purposes of section 36 of the Act :—

(a)the height, colour of hair and eyes and any visible distinguishing marks of the applicant ; (b) the name and business address of the applicant's employer (if any) ;

(c) the applicant's nationality ;

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

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

* Notified in the Commonwealth Gazette on , 1955.

  Statutory Rules 1949, No. 4, as amended by Statutory Rules 1951, Nos. 46, 86 and 120 ; 1954, No. 24 ; and 1955, No. 9.

3901/55.—Price 3d. 9/26.10.1955.

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

(g)the applicant's marital status, and, if married, the date and place of his marriage, the name, nationality, date and place of birth of his spouse, and if she is resident in Australia, her address and details of her arrival in Australia and of any certificate of naturalization granted to her, and if the marriage has been dissolved, the date, place and manner of its dissolution ; and

(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 birth and their places of residence.

"(2.) In addition to the matters prescribed by sub-regulation (1.) of this regulation, the following are also other prescribed matters for the purpose of section 36 of the Act in the case of an application for a certificate of registration :—

(a) the place and date of birth of each of the applicant's parents, their nationality and, if naturalized, particulars of their naturalization ;

(b)details of the applicant's places of residence in Australia or New Guinea since his first arrival ;

(c) if the applicant is a woman who acquired British nationality by marriage—the name and place and date of birth of her husband and, if naturalized, particulars of his naturalization ; and

(d)if the applicant has acquired the nationality of a foreign country—particulars of that acquisition.

"(3.) In addition to the matters prescribed by sub-regulation (1.) of this regulation, the following are also other prescribed matters for the purpose of section 36 of the Act in the case of an application for a certificate of naturalization :—

(a) details of the applicant's occupation before his first arrival in Australia ;

(b)the name and place and date of birth of each of the applicant's parents and their nationality at the date of his birth ; and

(c) whether the applicant is prepared to take an oath of allegiance or make an affirmation of allegiance as provided for in section 16 of the Act.".

Persons before whom declarations may be made.

3.Regulation 17 of the Citizenship Regulations is amended by omitting the figures " 13,".

4. Regulation 20 of the Citizenship Regulations is repealed and the following regulation inserted in its stead :—

Fees.

" 20.—(1.) Subject to sub-regulation (3.) of this regulation fees, in accordance with the Second Schedule to these Regulations, shall be payable, in advance, in respect of the several matters specified in that Schedule.

" (2.) "Where the grant of a certificate of naturalization is revoked before the applicant has taken an oath, or made an affirmation, of allegiance, the fee paid shall be refunded.

" (3.) A fee is not payable in respect of—

(a) the grant of a declaratory certificate of citizenship, or a certificate of registration or naturalization, to—

(i) a person, or the wife of a person, who is serving in the Naval, Military or Air Forces of the Commonwealth and has a good record, or who has at any time served in any of those Forces with a good record  or

(ii) the widow of a person who at any time served in the Naval, Military or Air Forces of the Commonwealth with a good record ;

(b)the grant of a certificate of registration to a person not of full age ;

(c) the grant of a certificate of naturalization to a person who is not of full age or who is a person referred to in paragraph (b)of sub-section (3.) of section 15 of the Act ; and

(d) for the amendment or endorsement of a certificate of registration or naturalization granted to a person included in any of the classes specified in this sub-regulation or as provided for in sub-section (3.) of section 12, or subsection (6.) of section 15, of the Act.".

First Schedule.

5. The First Schedule to the Citizenship Regulations is amended by omitting form G.

Second Schedule.

6. The Second Schedule to the Citizenship Regulations is repealed and the following Schedule inserted in its stead :—

The Second Schedule.

Regulation 20.

FEES.

Item.	Matter in respect of which Fee is Payable.	Amount of Fee.
£	s.	d.
1	For the grant of a declaratory certificate of citizenship to a person who is not a person specified in sub-regulation (3.) of regulation 20 .......................	0	5	0
2	For the grant of a certificate of registration to a person who is not a person specified in sub-regulation (3.) of regulation 20	0	10	0
3	For the grant of a certificate of naturalization to a person who is not a person specified in sub-regulation (3.) of regulation 20 and—
(a) is the wife or widow of an Australian citizen;
(b) is the wife of a person who has applied for a certificate of naturalization and takes the oath, or makes the affirmation, of allegiance on the same day as her husband or subsequently ; or
(c) is, in the opinion of the Minister or an authorized officer, in indigent circumstances .....................................................................	0	10	0
4	For the grant of a certificate of naturalization to a person who is not a person specified in sub-regulation (3.) of regulation 20 or in the last preceding item .........................................................................................................	1	0	0

 

The Second Schedule—continued.

Item.	Matter in respect of which Fee is Payable.	Amount of Fee.
£	s.	d.
5	Forthe amendment or endorsement of a certificate of registration or naturalization (other than a. certificate in respect of which a fee is not payable or for the amendment of a certificate as provided for in sub-section (3.) of section 12, or sub-section (6.) of section 15 of the Act....	0	5	0
6	Forinspecting the indexes of certificates issued or of declarations registered under the Act....................................................................................	0	2	6
7	Fora certified copy of a certificate of registration or naturalization or of a declaration .......................................................................................	0	10	0
8	Forthe issue of a certificate of extract from the register of births abroad. ...................................................................................	0	2	6

Printed for the Government of the Commonwealth by A. J. Arthur

at the Government Printing Office, Canberra.