Citizenship Regulations (Amendment) (Cth)

STATUTORY RULES

1970No. 9

REGULATIONS UNDER THE CITIZENSHIP ACT 1948-1969.*

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 Citizenship Act 1948-1969.

Dated this twenty-eighth day of January 1970.

 

Paul Hasluck

Governor-General.

By His Excellency's Command,

Minister of State for Immigration.

Amendments of the Citizenship Regulations 

Interpretation.

1. Regulation 3 of the Citizenship Regulations is amended—

(a) by omitting from sub-regulation (1.) the definition of " the Act " and inserting in its stead the following definition:—

" ' the Act ' means the Citizenship Act 1948-1969 ";

(b)by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

" (3.) In these Regulations, a reference to a Form by number shall be read as a reference to the Form so numbered in the Second Schedule to these Regulations."; and

(c) by omitting sub-regulation (5.).

Protected persons.

2. Regulation 5 of the Citizenship Regulations is amended—

(a) by omitting paragraph (a.)of sub-regulation (1.) and inserting in its stead the following paragraph:—

"(a)who was born in New Guinea, whether before or after the commencement of these Regulations, and does not have the status of a British subject; or "; and

(b) by omitting from paragraph (c) of sub-regulation (8.) the words " on payment of the prescribed fee,".

Countries to which section 7 of the Act applies.

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 Regulation 5a of the Citizenship Regulations is repealed.

Claim under section 8 of the Act.

4. Regulation 6 of the Citizenship Regulations is omitted and the following regulation is inserted in its stead:—

" 6. A notice given by an Irish citizen under paragraph (b) of sub-section (1.) of section 8 of the Act shall be in accordance with Form 1.".

*Notified in the Commonwealth Gazette on 5 February 1970

  Statutory Rules 1960, No. 62 as amended by Statutory Rules 1961, No. 120; 1964 No 1; 1965 Nos. 8 and 146; 1967, No. 149; 1968, No. 129; and 1969, No. 72.

24832/69—Price 15c 10/28.11.1969

 

Registration of births abroad.

5. Regulation 7 of the Citizenship Regulations is amended—

(a)by omitting sub-regulations (1.) and (1a.) and inserting in their stead the following sub-regulations:—

" (1.) A Register of Births Abroad shall be kept at each Australian consulate in a bound volume containing pages in accordance with Form 2.

" (1a.) In the next succeeding sub-regulation, a reference to a child born abroad shall be read as a reference to a child born outside Australia, on or after the twenty-sixth day of January, 1949, being—

(a) in the case of a child born in wedlock—a child whose mother or father was at the time of the birth an Australian citizen; or

(b) in the case of a child born, out of wedlock—a child whose mother was at the time of the birth—

(i) an Australian, citizen; or

(ii) a person who was, or had the status of, a British subject and was ordinarily resident in Australia or New Guinea.";

(b)by adding at the end of paragraph (c) of sub-regulation (3.) the word " and ";

(c) by omitting paragraphs (f), (g) and (h) of sub-regulation (3.) and inserting in their stead the following paragraph:—

" (f) if the parent acquired Australian citizenship through the grant of a certificate of Australian citizenship- details of the certificate."; and

(d)by omitting from sub-regulation (6.) the words " upon application and upon payment of the prescribed fee ".

Return of births registered or re-registered to be made.

6.Regulation 7d of the Citizenship Regulations is amended by adding at the end thereof the following sub-regulation: —

" (2.) Where an error in an entry in the Register of Births Abroad has been corrected in accordance with regulation 7e of these Regulations or an entry in that Register has been cancelled in accordance with regulation 7f of these Regulations—

(a)if the copy of the entry has not been furnished to the Minister in accordance with the last preceding sub-regulation—the copy to be furnished in accordance with that sub-regulation is a copy of the corrected entry or of the entry as cancelled, as the case may be; or

(b) if a copy of the entry has been furnished to the Minister in accordance with that sub-regulation—the consul keeping the Register, shall forthwith furnish to the Minister a copy of the corrected entry or particulars of the cancellation, as the case may be,".

Correction of errors in register of births,

7. After regulation 7d of the Citizenship Regulations the following regulations are inserted:—

" 7e.—(1.) Where the Australian consul keeping the Register of Births Abroad at an Australian consulate is satisfied that the register contains an error or mis-statement in, or an omission from, any particulars entered in it, he may correct the register by causing the true particulars, or the particulars omitted from the register, as the case may be, to be entered in the register on the page of the register containing the entry of the birth to which those last-mentioned particulars relate.

" (2.) Where a consul causes particulars to be entered in a register under the last preceding sub-regulation, he shall sign his name immediately under the particulars and write the date on which those particulars were so entered.

Cancellation of entries in register of births.

" 7f.—(1,) Where the Australian consul keeping the Register of Births Abroad at an Australian consulate is satisfied that an entry in the register is false, he may cancel the entry by writing in the margin of the entry the words ' Cancelled under regulation 7f of the Citizenship Regulations ', signing his name immediately under those words and adding the date on which the entry was cancelled.

" (2.) The consul shall not cancel an entry in the register—

(a)if an error or mis-statement in, or omission from, the register can be corrected under the last preceding regulation; or

(b) unless the Minister, or a person authorised by the Minister, has approved, by writing under "his hand, the cancellation of the entry.

Evidentiary certificate of citizenship.

" 7g.—(1.) A notice under sub-section (1.) of section lie of the Act to an authorized officer by a person to whom Division 1a of Part III. of the Act applies shall be in accordance with Form 3.

" (2,) An evidentiary certificate issued under sub-section (3.) of section 11c of the Act shall be in accordance with Form 4.".

Issue of declaratory certificate of citizenship.

8. Regulation 8 of the Citizenship Regulations is amended—

(a) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

" (2.) A declaratory certificate of citizenship shall be in accordance with Form 5.";

(b) by omitting sub-regulation (5.) and inserting in its stead the following sub-regulations :—

" (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 sub-section (3.) of section 12, or sub-section (6.) of section 15, of the Act, his responsible parent or his guardian may make application on his behalf for a declaratory certificate of citizenship.

" (6.) Where application is made under the last preceding sub-regulation on behalf of a person for a declaratory certificate of citizenship, the applicant shall furnish a statement, in writing, setting out. such of the particulars of the person on whose behalf the application is made, being particulars of a kind specified in sub-regulations (3.) and (4.) of this regulation, as an authorized officer requires.".

Certificate under section 12.

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

" 9. A certificate of Australian citizenship granted under section 12 of the Act shall be in accordance with Form 6.

Certificate under section 15.

" 10. A certificate of Australian citizenship granted under section 15 of the Act shall be in accordance with Form 7 or Form 8.

Certificate under section 32.

" 10a. A certificate of Australian citizenship granted under section 32 of the Act shall be in accordance with Form 9.".

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

10. Regulation 11 of the Citizenship Regulations is amended—

(a)by omitting from sub-paragraph (iii) of paragraph (ga) of sub-regulation (1.) the words " certificate of naturalization as an Australian citizen " and inserting in their stead the words " certificate of Australian citizenship "; and

(b)by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

" (2.) Where a person applies for a certificate of Australian citizenship under Division 2 of Part III. of the Act, the matters prescribed for the purpose of paragraph (c) of sub-section (1.) of section 36 of the Act are the matters prescribed by the last preceding sub-regulation and, in addition, the following matters: —

(a) the place and date of birth of each of the applicant's parents;

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

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

(d) if the applicant is a woman who acquired British nationality 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; and

(e) if the applicant has acquired the nationality of a foreign country—particulars of the acquisition,

" (3.) Where a person applies for a certificate of Australian citizenship under Division 3 of Part III. of the Act, the matters prescribed for the purpose of paragraph (c) of sub-section (1.) of section 36 of the Act arc the matters prescribed by sub-regulation (1.) of this regulation and, in addition, the following matters:—

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

(b) the name, and place and date of birth, of each of the applicant's parents; 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.".

Issue of certificate of Australian citizenship.

11. Regulation 12 of the Citizenship Regulations is amended by omitting the words " certificate of registration or a certificate of naturalization " (wherever occurring) and inserting in their stead the words " certificate of Australian citizenship ".

Declaration of renunciation.

12. Regulation 13 of the Citizenship Regulations is amended by omitting the word " Form J " and inserting in its stead the word " Form 10 ".

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

13. Regulation 14 of the Citizenship Regulations is amended by omitting the word " Form K " and inserting in its stead the word " Form 11 ".

Declaration of desire to resume citizenship under section 23b (1.).

14. Regulation 15 of the Citizenship Regulations is amended by omitting the word " Form L " and inserting in its stead the word " Form 12 ".

Declaration of resumption of British nationality.

15. Regulation 16 of the Citizenship Regulations is amended by omitting the word " Form M " and inserting in its stead the word " Form 13 ".

Registration of declarations.

16. Regulation 17 of the Citizenship Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

" (2.) Where a declaration referred to in the last preceding sub-regulation is registered, the original declaration shall be filed in the records of the Department of Immigration, and the copy, certified to be a true copy and having particulars of the registration written on it, shall be forwarded to the declarant.".

Persons unable to sign their names.

17. Regulation 19 of the Citizenship Regulations is amended by omitting the words " certificate of registration or naturalization " and inserting in their stead the words " certificate of Australian citizenship ".

Certified copies of declarations.

18. Regulation 20 of the Citizenship Regulations is amended by omitting the words " on payment of the prescribed fee " and inserting in their stead the words " who makes application to the Secretary for it ".

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

19. Regulation 22 of the Citizenship Regulations is amended by omitting from paragraph (a) of sub-regulation (1.) the word " Form N " and inserting in its stead the word " Form 14 ".

Second Schedule.

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

SECOND SCHEDULE

Form 1 Regulation 6 (1.).

Commonwealth of Australia

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 Citizenship Act 1948-19  , I [full name] of [address], having been born at [plac e 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.

Commonwealth of Australia

Citizenship Act

NOTICE OF DESIRE TO BECOME AN AUSTRALIAN CITIZEN

In pursuance of section 11c of the Citizenship Act 1948-19 , I [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.

Commonwealth of Australia

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 11c of the 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.

Commonwealth of Australia

Citizenship Act

DECLARATORY CERTIFICATE OF CITIZENSHIP

This is to certify that , whose particulars are endorsed on

the reverse side hereof, is an Australian citizen by virtue of the provisions of the Citizenship Act 1948-19  (section  ).

Dated at this day of , 19  .

(Signature and description of authorized officer issuing Certificate.)

[Reverse side of form]

Particulars 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 9.

Commonwealth of Australia

Citizenship Act

CERTIFICATE OF AUSTRALIAN CITIZENSHIP

WHEREAS

has applied for a Certificate of Australian Citizenship, alleging with respect to			himself
			herself
the particulars set out on the reverse side, hereof, and has satisfied me that	he	has fulfilled
	she

the conditions laid down in the Citizenship Act 1948-19  for the grant of such a Certificate:

Now therefore I, the Minister of State for Immigration, hereby grant, in pursuance of section 12 of the Citizenship Act 1948-19  , this Certificate of Australian Citizenship whereby the abovenamed applicant becomes an Australian citizen as from the date hereof.

Dated this day of , One thousand nine

hundred and

Minister of State for Immigration.

Issued by Authority of the

Minister of State for Immigration

Authorized Officer.

[Reverse side of form]

Particulars Relating to Applicant

Surname

Christian 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 in pursuance of sub-section (3.) of section 12 of the Citizenship Act 1948-19  .

Name of child Date and place of birth

Dated this day of , One thousand nine

hundred and

Minister of State for Immigration.

Authorized Officer.

Form 7 Regulation 10.

Commonwealth of Australia

Citizenship Act

CERTIFICATE OF AUSTRALIAN CITIZENSHIP

WHEREAS

has applied for a Certificate of Australian Citizenship, alleging with respect to	himself
	herself
the particulars set out on the reverse side of this Certificate, and has satisfied me that	he
	she

has fulfilled the conditions for the grant of such a Certificate prescribed by the Citizenship Act 1948-19  :

NOW THEREFORE I, the Minister of State for Immigration, hereby grant, in pursuance of section 15 of the Citizenship Act 1948-19  , this Certificate of Australian Citizenship whereby, subject to the provisions of that Act, the above-named applicant shall, a; from the date upon which he swears or affirms allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, and swears to or affirms that he will observe faithfully the laws of Australia and fulfil his duties as an Australian citizen, become entitled to all political and other rights, powers and privileges, and become subject to all obligations, duties and liabilities to which an Australian citizen is entitled or subject, and have to all intents and purpose; the status of an Australian citizen.

Dated this day of , One thousand nine

hundred and

Minister of State for Immigration.

Issued by Authority of the

Minister of State for Immigration

Authorized Officer.

I,  , hereby certify that on the the

grantee of this certificate appeared before

me at and swore allegiance to Her Majesty Queen

Elizabeth the Second, her heirs and successors and swore to observe faithfully the laws of Australia

and fulfill	his	duties as an Australian citizen.
	her

Signature, Title

[Reverse side of form]

Particulars Relating to Applicant

Surname

Christian 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 in pursuance of sub-section (6.) of section 15 of the Citizenship Act 1948-19  .

Name of child Date and place of birth

Dated this day of , One thousand nine

hundred and

Minister of State for Immigration.

Authorized Officer.

Form 8 Regulation 10.

Commonwealth of Australia

Citizenship Act

CERTIFICATE OF AUSTRALIAN CITIZENSHIP

WHEREAS

has applied for a Certificate of Australian Citizenship, alleging with respect to	himself
	herself
the particulars set out on the reverse side of this Certificate, and has satisfied me that		he
		she

has fulfilled the conditions for the grant of such a Certificate prescribed by the Citizenship Act 1948-19  :

NOW THEREFORE I, the Minister of State for Immigration, hereby grant, in pursuance of section 15 of the Citizenship Act 1948-19  , this Certificate of Australian Citizenship whereby, subject to the provisions of that Act, the abovenamed applicant shall, as from the date of this Certificate, become entitled to all political and other rights, powers and privileges, and become subject to all obligations, duties and liabilities to which an Australian citizen is entitled or subject, and have to all intents and purposes the status of an Australian citizen.

Dated this day of , One thousand nine

hundred and

Minister of State for Immigration.

Issued by Authority of the

Minister of State for Immigration

Authorized Officer.

[Reverse side of form]

Particulars Relating to Applicant

Surname

Christian names

Address

Date and place of birth

Height

Visible distinguishing features

Colour of eyes

Colour of hair

Specimen signature of applicant

Form 9 Regulation 10a.

Commonwealth of Australia

Citizenship Act

CERTIFICATE OF AUSTRALIAN CITIZENSHIP GRANTED TO A PERSON WITH RESPECT TO WHOSE STATUS AS AN AUSTRALIAN CITIZEN A DOUBT EXISTS

WHEREAS

has applied for a Certificate of Australian Citizenship under section 32 of the Citizenship Act

1948-19  , alleging with respect to	himself	the particulars set out on the reverse side hereof:
	herself

AND WHEREAS I am satisfied that the said is a person

with respect to whose status as an Australian citizen a doubt exists:

NOW THEREFORE I, the Minister of State for Immigration, in pursuance of section 32 of that Act, hereby grant this Certificate of Australian Citizenship to the said

Dated this day of , One thousand nine

hundred and

Minister of State for Immigration.

Issued by Authority of the

Minister of State for Immigration

Authorized Officer.

[Reverse side of form]

Particulars Relating to Applicant

Full name

Address

Date and place of birth

Height

Colour of eyes

Colour of hair

Visible distinguishing features

Specimen signature of applicant

Form 10 Regulation 13

Commonwealth of Australia

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 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 11 Regulation 14.

Commonwealth of Australia

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 1948-1958, do hereby declare 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 12 Regulation 15.

Commonwealth of Australia

Citizenship Act

DECLARATION OF DESIRE TO RESUME AUSTRALIAN CITIZENSHIP

I,   , of  , being the	son	of
	daughter

and having, while not of full age, ceased to be an Australian citizen under sub-section (1.) of section 23 of the Citizenship Act 1948-19  ,

[or]

and having, while not of full age, been deprived of my Australian citizenship by an order of the Minister made under sub-section (2.) of section 23 of the Citizenship Act 1948-19  ,

do hereby declare 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 13 Regulation 16.

Commonwealth of Austhalia

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 I was 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 sub-section, 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 14 Regulation 22.

Commonwealth of Australia

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)

Printed for the Government of the Commonwealth by W. G. Murray at the                                                             Government Printing Office, Canberra