Cocos (Keeling) Islands (Citizenship) Regulations (Cth)

Cocos (Keeling)Islands(Citizenship) Regulations

Statutory Rules 1961 No. 52 as amended

made under the

Cocos (Keeling) Islands Act 1955

This compilation was prepared on 9 May 2002

taking into account amendments up to SR 2002 No. 93

[Note:

These regulations were repealed by SR 2002 No. 93]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

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    1Citation [see Note 1]

 These Regulations may be cited as the Cocos (Keeling) Islands (Citizenship) Regulations.

2Repeal

 The Cocos (Keeling) Islands (Citizenship) Regulations (comprising Statutory Rules 1955, No. 85; and 1958, No. 69) are repealed.

3Interpretation

 In these Regulations, unless the contrary intention appears:

authorized officer, in relation to the exercise of a power or function under these Regulations, means a person authorized for that purpose by the Minister.

declarant means a person who makes a declaration.

declaration means a declaration under section 14 or 14A of the Act.

Secretary means Secretary to the Department of Immigration and Ethnic Affairs.

the Act means the Cocos (Keeling) Islands Act 1955-1958.

4Form of declaration

• (1)

  A declaration under section 14 of the Act shall be in accordance with Form 1 in the Schedule.

• (2)

  A declaration under section 14A of the Act shall be in accordance with Form 2 in the Schedule.

5Forwarding of declaration

• (1)

  A person who makes a declaration may forward the declaration to, or lodge it with, the Secretary or an authorized officer.

• (2)

  Where a declaration is forwarded to, or lodged with, an authorized officer, that officer shall forward it to the Secretary.

6Registration of declaration

 Upon being satisfied that the declarant is entitled to make a declaration and that the declaration complies with the requirements of these Regulations, the Secretary shall register the declaration and cause a certified copy of the declaration to be forwarded to the declarant.

7Filing of declaration

 The Secretary shall cause all registered declarations to be filed in the records of the Department of Immigration and Ethnic Affairs.

8Particulars etc may be required

 The Secretary may require a declarant to furnish such particulars and produce such documents as the Secretary thinks necessary to establish that the declarant is entitled to make a declaration, and may refuse to register the declaration until those particulars and documents are furnished or produced.

9Replacement of lost copy of declaration

 If the Secretary is satisfied that the certified copy of a declaration has been lost or destroyed, the Secretary may supply a further certified copy of the declaration to the declarant.

10Certified copy to be endorsed

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

11Persons before whom declarations may be made

 A declaration may be made before a Commissioner for Declarations, a Justice of the Peace or an authorized officer.

12Penalties

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

Penalty:   $100 or imprisonment for three months.

Schedule

Form 1Declaration under section 14

(regulation 4)

COMMONWEALTH OF AUSTRALIA

Cocos (Keeling) Islands Act 1955-1958

DECLARATION UNDER SECTION 14

 I (full name) of (address) do solemnly and sincerely declare as follows:

1. I was, immediately before the twenty-third day of November, 1955, a British subject ordinarily resident in the Cocos or Keeling Islands.

2. I was born on , 19 .

• 3.

  I wish to become an Australian citizen.

Dated this

day of , 19 .

(Signature)

Made and subscribed at

this day of , 19 ,

 before me

(Person before whom declaration is made)

Form 2Declaration under section 14A

(subregulation 4 (2))

COMMONWEALTH OF AUSTRALIA

Cocos (Keeling) Islands Act 1955

DECLARATION UNDER SECTION 14A

I, (full name) of (address) do solemnly

and sincerely declare as follows:

1. I am not an Australian citizen.

2. I was immediately before 23 November 1955 ordinarily resident in the Cocos (Keeling) Islands.

3. I am ordinarily resident in* .

4. I was born on 19 .

5. I wish to become an Australian citizen.

• Dated this

  day of 19 .

 (Signature of the declarant)

Made and subscribed at

this day of 19 ,

 before me

 (Signature of the person before whom

declaration is made)

________________________________________________________________

* Here insert ‘Australia’ or the name of the external Territory where the applicant is resident, as the case requires.

Notes to the Cocos (Keeling) Islands (Citizenship) Regulations

Note 1

The Cocos (Keeling) Islands (Citizenship) Regulations (in force under the Cocos (Keeling) Islands Act 1955) as shown in this compilation comprise Statutory Rules 1961 No. 52 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1961 No. 52	13 Apr 1961	13 Apr 1961
1979 No. 39	21 Mar 1979	21 Mar 1979	—
2002 No. 93	9 May 2002	9 May 2002	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 3..........................................	am. 1979 No. 39
R. 4..........................................	rs. 1979 No. 39
R. 5..........................................	am. 1979 No. 39
R. 7..........................................	am. 1979 No. 39
R. 12........................................	am. 1979 No. 39
The Schedule.........................	rep. 1979 No. 39
Heading to Schedule............	ad. 1979 No. 39
Heading to Form1..............	ad. 1979 No. 39
Form 2..................................	ad. 1979 No. 39