Citizenship Regulations (Cth)
REGULATIONS UNDER THE NATIONALITY AND
CITIZENSHIP ACT 1948.*
Dated this TWENTY - FIFTH
day of JANUARY , 1949.
W.J. McKELL
Governor-General.
By His Excellency's Command,
ARTHUR A. CALWELL
Minister of State for Immigration.
CITIZENSHIP REGULATIONS.
" 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 Act 1948.
(2.) In these Regulations, any reference to a Form shall be read as a reference to a Form contained in the First Schedule to these Regulations.
(
(
*
Notified in the
6387.─Price 8D. 15/17.1.1949.
(
c ) Whether he is or has been in the service under an Australian Government, and, if so, particulars of such service ;(
d ) Whether he is the holder of an Australian passport, and, if so, particulars of such passport ; and(
e ) Whether he has associations by way of descent, residence or otherwise with Australia or New Guinea, and, if so, the nature of such associations.
(
a ) In respect of the child —
(i) Name in full ;
(ii) Date and place of birth ;
(iii) Sex ; and
(iv) Name and address of physician, midwife or other person who assisted at the birth ; and
(
b ) In respect of each parent of the child —(i) Place and date of marriage ;
(ii) Previous issue of marriage ;
(iii) Name and address ;
(iv) Place and date of birth ;
(v) If not born in Australia, details of first arrival in Australia or New Guinea ;
(vi) Period of residence in Australia ;
(vii) If ordinarily resident in Australia at the date of application, the place of residence in Australia, object of the journey outside Australia during which the birth took place, and date of intended return to Australia ;
(viii) Occupation at the time of application, and name and business address of employer (if any) ; and
(ix) If Australian citizenship was acquired through the grant of a certificate of registration or a certificate of naturalization, details of the certificate and of the last notification of his intention to retain Australian citizenship as provided by section 20 of the Act.
(2.) In addition to the particulars specified in the last preceding sub-regulation, the applicant shall, if required, furnish two photographs of each parent of the child.
(3.) The births shall not be registered of any persons or classes of persons who have been declared by order of the Minister to be ineligible for admission to Australia for permanent residence and any certificate of registration of birth abroad issued in respect of any such person or of any person included in any such class of persons shall be of no force or effect.
(4.) There shall be maintained at each Australian consulate a Register of Births Abroad which shall be a bound volume and of which the pages shall be in accordance with Form A.
(5.) A Certificate of Extract from Register may be issued to any person upon application and upon payment of the prescribed fee.
(2.) A declaratory certificate of citizenship shall be issued in the name of the Minister and shall be in accordance with Form B.
(3.) An Australian citizen born in Australia who applies for a declaratory certificate of citizenship shall furnish a declaration setting out the following particulars :—
(
a ) His full name and address;(
b ) The place and date of his birth;(
c ) His occupation;(
d ) His marital status and the name of his spouse, if any;(
e ) His height, the colour of his hair and eyes and any visible distinguishing marks ;(
f ) The names, dates and places of birth, and places of residence of his children ;(
g ) Whether, since reaching the age of twenty-one years, he has acquired the nationality or citizenship of a country other than Australia ; and(
h ) Whether his father was, at the time of his birth, the diplomatic representative in Australia of a foreign country.
(4.) An Australian citizen not born in Australia who applies for a declaratory certificate of citizenship, shall furnish a declaration setting out, in addition to the particulars specified in the last preceding sub-regulation, the following particulars :─
(
a ) If he is a naturalized British subject — particulars of his naturalization ;(
b ) The place and date of birth, the nationality and particulars of naturalization (if any) of his parents ;(
c ) If his birth was registered at a Consulate or other approved office—particulars of such registration ;(
d ) Particulars of his first arrival in Australia or New Guinea, of the passport then held by him and of journeys outside Australia or New Guinea since the date of his first arrival ;(
e ) The country in which he last resided permanently before coming to Australia or New Guinea ;(
f ) If the applicant is a woman who acquired British nationality by marriage--the place and date of birth of her husband and particulars of his naturalization (if any) ; and(
g ) Particulars of any other nationality or citizenship possessed by him.
(2.) An applicant for a certificate of registration under section 12 of the Act shall furnish a statutory declaration setting out, in addition to the particulars required under section 36 of the Act, the following particulars :─
(
a ) His height, the colour of his hair and eyes and any visible distinguishing marks ;(
b ) The name and business address of his employer (if any);(
c ) The place and date of birth of his parents, their nationality and, if naturalized, particulars of their naturalization ;(
d ) Details of his first arrival in Australia or New Guinea and of the passport then held by him ;(
e ) Details of journeys outside Australia or New Guinea since his first arrival ;(
f ) Details of his residence in other countries prior to his first arrival in Australia or New Guinea ;(
g ) Places of his residence in Australia or New Guinea since his arrival ;(
h ) His marital status, and if married, the date and place of his marriage and the name of his spouse and, if the marriage has been dissolved, the date, place and manner of dissolution ;(
i ) If the applicant is a woman who acquired British nationality by marriage—the place and date of her husband's birth , and, if naturalized, particulars of his naturalization ;(
j ) If the applicant has any children not of full age whose names he wishes to have included in his certificate—their names, places and dates of their birth and their places of residence ; and(
k ) If the applicant has acquired the nationality of a foreign country—particulars of such acquisition.
(2.
(
a ) His full name and address;(
b ) His nationality;(
c ) His height, the colour of his hair and eyes and any visible distinguishing marks ;(
d ) His occupation and the name and business address of his employer (if any) ;(
e )The place and date of his birth;(
f ) The place and date of birth of each of his parents and their nationality at the date of his birth ;(
g ) Details of his first arrival in Australia or New Guinea and of the passport then held by him ;(
h ) Details of journeys outside Australia and New Guinea since first arrival ;(
i ) Details of his residence in other countries prior to arrival in Australia or New Guinea ;(
j ) His marital status, and if married, the date and place of his marriage and the name of his spouse and, if the marriage has been dissolved, the date, place and manner of its dissolution ;(
k ) If the applicant has any children not of full age whose names he wishes to have included in his certificate—their names, places and dates of their birth and their places of residence.
(
a ) if he resides in an State tat of the Commonwealth—in any two newspapers published in that State and circulated in the district in which he resides ;(
b ) if he resides in any Territory (other than Norfolk Island or the Territory of New Guinea)—in one newspaper published in that Territory and circulated in the district in which he resides ;(
c ) if he resides in Norfolk Island—by posting a notice of such intention at the Court House, Norfolk Island ;(
d ) if he resides in the Territory of New Guinea—in the GovernmentGazette of that Territory.
(2.) A copy of each newspaper containing the advertisement of
intention to apply, a copy of the notice posted at the Court House, Norfolk
Island or a copy of the Government
(3.) The advertisement or notice referred to in sub-regulation (1.) of this regulation shall be in the following form :—
" NOTICE OF INTENTION TO APPLY FOR. REGISTRATION (OR NATURALIZATION, AS THE CASE MAY BE) AS AN AUSTRALIAN CITIZEN.
I [
any) born at [
years in [
[
(
a ) His full name and address;(
b ) Particulars of his certificate of registration or naturalization ;(
c ) Particulars of his last departure from Australia or New Guinea ;(
d ) Particulars of his last notice of intention to retain Australian citizenship, if any ;(
e ) Date of his intended return to Australia;(
f ) Occupation and name and address of his employer, if any;(
g ) Details of children not of full age who acquired Australian citizenship by registration or naturalization and are also residing outside Australia and New Guinea.
(2.) A person who has given notice of intention to retain Australian citizenship in accordance with the last preceding sub-regulation shall be issued with a receipt, which shall be signed by an authorized officer and shall be in accordance with a form approved by the Minister.
(2.) If and when the declaration is registered, the original declaration shall be filed in the records of Department of Immigration, and the copy, certified to be a true copy and endorsed as having been registered, may be forwarded to the declarant on payment of the prescribed fee.
(3.) A declaration shall not have any force or effort unless it has been registered.
THE SCHEDULES.
The First Schedule.
Regulation 5.
Form A1. Section 8.
Commonwealth of Australia.
NOTICE OF CLAIM TO REMAIN A BRITISH SUBJECT.
In pursuance of section 8 of
the
[
full name ] of [address ], having been born at
[
[
I am (or have been) in the 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.
N.B.—Where the above notice is made out on behalf of a child under the age of sixteen years, it should be adapted accordingly.
Form A. Regulation 6.
REGISTER OF BIRTHS.
No. | Name of Child. | Sex. | Date of Registration. | Present or Not. | Date and Place of Birth. | Name of Father. | Maiden Name of Mother | Issue (Names and ages). | Witnesses to birth |
Form B. Regulation 7.
No.
Commonwealth of Australia.
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
Dated at this day of 19 .
(Facsimile of signature.)
Minister of State for Immigration.
By authority of the Minister of State for Immigration ─
(Signature and description of authorized officer issuing Certificate. )
[
PARTICULARS OF GRANTEE.
Full Name
Address
Occupation
Place and Date of Birth
Marital Status
Height feet inches
Colour of Eyes
Colour of Hair
Visible Distinguishing Marks
Specimen Signature of Applicant
CHILDREN.
The following minor children of the said are also Australian
citizens, by reason of the sections of the
Dated at this day of 19 .
(Facsimile of signature.)
Minister of State for Immigration.
By authority of the Minister of State for Immigration —
(Signature and description of authorized officer.)
Form C. Regulation 8.
No.
Commonwealth of Australia.
CERTIFICATE OF REGISTRATION AS AN AUSTRALIAN CITIZEN.
Whereas has applied for a Certificate of
Registration as an Australian citizen, alleging with respect to | himself | the particulars set out on the reverse |
herself |
side hereof, and has satisfied
me that she has fulfilled the conditions laid down in the
Now therefore I, the Minister of State for 'Immigration, hereby
grant, in pursuance of the said
Dated this day of , One thousand nine hundred
and .
Minister of State for Immigration.
[
PARTICULARS RELATING TO APPLICANT.
Full Name
Address
Occupation
Place and Date of Birth
Nationality and/or Citizenship (Prior to Grant of this Certificate)
Marital Status
Height
Colour of Eyes
Colour of Hair
Visible Distinguishing Marks
Specimen Signature of Applicant.
CHILDREN.
The names of the following children not of full age of the said
have
been included in this Certificate in pursuance of sub-section (3.) of section
12 of the
Dated this day of , One thousand nine hundred
and .
Minister of State for Immigration.
Regulation 8.
Form D. Section 32.
No.
Commonwealth of Australia.
CERTIFICATE OF REGISTRATION AS AN AUSTRALIAN CITIZEN, GRANTED TO A PERSON WITH RESPECT TO WHOSE STATUS AS AN AUSTRALIAN CITIZEN A DOUBT EXISTS.
Whereas with respect to whose status asan Australian citizen a doubt exists, has applied for such a Certificate of Registration as an Australian citizen as is provided for in section 32 of
the | himself | the particulars set out on |
herself |
the reverse side hereof:
And whereas I am satisfied that such a Certificate may properly be granted to the said
Now therefore I, the Minister of State for Immigration, for the purpose of quieting doubts as to the right of the said to be an Australian citizen, hereby grant, in pursuance of the said Act, this Certificate of Registration whereby the said becomes an Australian citizen as from the date hereof.
Dated this day of , One thousand nine hundred
and .
Minister of State for Immigration.
[
PARTICULARS RELATING TO APPLICANT.
Full Name
Address
Occupation
Place and Date of Birth
Marital Status
Height
Colour of Eyes
Colour of Hair
Visible Distinguishing Marks
Specimen Signature of Applicant.
FORM E. Regulation 9.
No.
COMMONWEALTH OF AUSTRALIA.
CERTIFICATE OF NATURALIZATION AS AN AUSTRALIAN CITIZEN.
Whereas as applied for a Certificate of
Naturalization as an Australian citizen, alleging with respect to | himself | the particulars set out on the | ||
herself | ||||
reverse side hereof, and has satisfied me that | he | has
fulfilled the conditions laid down in the | ||
she | ||||
Now therefore I, the Minister of State for Immigration, hereby
grant, in pursuance of the
shall, as from the date upon which he swears allegiance to His
Majesty King George VI. his heirs and successors, and swears to observe faithfully the laws of Australia and to 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 or a British subject is entitled or subject, and have to all intents and purposes the status of an Australian citizen and British subject.
Dated this day of One thousand nine hundred.
and .
Minister of State for Immigration.
CERTIFICATE BY JUDGE, MAGISTRATE, OR OTHER JUDICIAL OFFICER.
I, , do hereby certify that on the
day of, 19 , the grantee of this Certificate
appeared before me at swore allegiance to His Majesty King George VI. his heirs and successors, and swore to observe faithfully the laws of Australia and to fulfil his duties as an Australian citizen.
Signature
Title
[
PARTICULARS RELATING TO APPLICANT.
Full Name
Address
Occupation
Place and Date of Birth
Nationality and/or Citizenship (Prior to Grant of this Certificate)
Marital Status
Height
Colour of Eyes
Colour of Hair
Visible Distinguishing Marks
Specimen Signature of Applicant.
CHILDREN.
The names of the following children not of full age of the said
have
been included in this Certificate in pursuance of sub-section (5.) of section
15 of the
Dated this day of , One thousand nine hundred
and
Minister of State for Immigration.
Regulation 9.
Form F. Section 32.
No.
Commonwealth of Australia.
CERTIFICATE OF NATURALIZATION AS AN AUSTRALIAN CITIZEN GRANTED TO A PERSON WITH RESPECT TO WHOSE STATUS. AS AN AUSTRALIAN CITIZEN OR BRITISH SUBJECT, A DOUBT EXISTS.
Whereas with
respect to whose status as an Australian citizen or British subject a doubt
exists, has applied for such a Certificate of Naturalization as an Australian
citizen as is provided for in section 32 of the
respect to | himself | the particulars set out on the reverse side hereof: |
herself |
And whereas the said has sworn allegiance to
His Majesty his heirs and successors, and has sworn to observe faithfully the laws of Australia and to fulfil his duties as an Australian citizen:
And whereas I am satisfied that such a Certificate may properly be granted to the said
Now therefore I, the Minister of State for Immigration, for the purpose of quieting doubts as to the right of the said to be an Australian citizen and a British subject, hereby grant, in pursuance of the said Act, this Certificate of Naturalization whereby, subject to the provisions of the said Act and of any other law affecting the rights of naturalized persons the said becomes entitled to all political and other rights, powers and privileges, and becomes subject to all obligations, duties and liabilities to which an Australian citizen or a British subject is entitled or subject, and as from the date hereof, has to all intents and purposes the status of an Australian citizen and British subject.
Dated this day of One thousand nine
hundred and
Minister of State for Immigration.
[
PARTICULARS RELATING TO APPLICANT.
Full Name
Address
Occupation
Place and Date of Birth
Marital Status
Height
Colour of Eyes
Colour of Hair
Visible Distinguishing Marks
Specimen Signature of Applicant
Regulation 9,
Form G. Section 14.
COMMONWEALTH OF AUSTRALIA.
DECLARATION OF INTENTION TO APPLY FOR NATURALIZATION AS AN AUSTRALIAN CITIZEN.
I [
I attach a declaration giving the required particulars.
(Signed)
Made and subscribed at this day of
, before—
(Signed)
(Justice of the High Court, Judge, Magistrate, Commissioner for Declarations, Justice of the Peace, Notary Public or authorized officer, as the case may be.)
Regulation 12.
Form H. Section 18.
Commonwealth of Australia.
DECLARATION OF RENUNCIATION OF AUSTRALIAN CITIZENSHIP.
I of having under
law of , acquired | at birth whilst not of full age by reason of marriage | the nationality |
or citizenship of that country,
[or]
being a person who became an Australian citizen by reason of the inclusion of my
name on a Certificate of | Registration Naturalization | granted to my | mother father guardian |
[or]
being
the wife of who has
ceased to be an Australian citizen under the provisions of the
(Signed)
Made and subscribed at this day of
19 , before me—
(Signed)
(Justice of the High Court, Judge, Magistrate, Commissioner for Declarations, Justice of the Peace, Notary Public or authorized officer, as the case may be.)
Regulation 14.
Form J. Section 23.
Commonwealth of Australia.
DECLARATION OF DESIRE TO RESUME AUSTRALIAN CITIZENSHIP.
I | of | being the | son daughter | of | and |
of and
having, whilst not of full age, ceased to be an Australian citizen under
sub-section (1.) of section 23 of the
[
and having, whilst 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
(Signed)
Made and subscribed at this day of
19 , before me—
(Signed)
(Justice of the High Court, Judge, Magistrate, Commissioner for Declarations, Justice of the Peace, Notary Public or authorized officer, as the case may be.)
Regulation 15.
Form K. Section 30.
Commonwealth of Australia.
DECLARATION OF DESIRE TO RESUME BRITISH NATIONALITY.
I | of | being the | son daughter | of | and |
having ceased to be a British subject under the provisions of
sub-section (1) of section 20 of the
(Signed)
Made and subscribed at this day of
19 , before me─
(Signed)
(Justice of the High Court, Judge, Magistrate, Commissioner for Declarations, Justice of the Peace or Notary Public or authorized officer as the case may be.)
The Second Schedule.
Regulation 20.
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By Authority : L. F. Johnston, Commonwealth Government Printer, Canberra
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