Naturalization Act 1903

Legislation au C1903A00011 Not in force Act

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NATURALIZATION.

 

No. 11 of 1903.

An Act relating to Naturalization.

[Assented to 13th October, 1903.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :—

Short title.

1. This Act may he cited as the Naturalization Act 1903.

Commencement.

2. This Act shall commence on a day to be fixed by proclamation.*

Definition.

3. In this Act, unless the contrary intention appears—

“British subject” means a natural-born British subject or a naturalized person.

“Certificate of naturalization” means a certificate of naturalization granted under this Act, and being, at the time when it is relied upon in connexion with any provision of this Act, unrevoked.

“Justice of the Peace” means a Justice of the Peace of the Commonwealth, or of a State.

“Naturalized” means naturalized under this Act.

“Statutory declaration” means a statutory declaration within the meaning of any law of the Commonwealth, or of the State in which the declaration is made, relating to statutory declarations.

“The Minister” means the Minister for External Affairs.

Person naturalized in a State deemed to be naturalized.

4.  A person who has before the passing of this Act obtained in a State or in a colony which has become a State a certificate of naturalization or letters of naturalization shall be deemed to be naturalized.

Persons who may apply for certificate of naturalization.

Cf. U.K., Natur. Act 1870, s. 7.

N.S.W., 1898, No. 21, S3. 5, 9.

Vic. No. 1063, ss. 5, 9 ; No. 1462, S. 6.

S.A. 1864, No. 5, S3. 7, 12.

W.A. 35 Vic, No. 2, S. 4.

5. A person resident in the Commonwealth, not being a British subject, and not being an aboriginal native of Asia, Africa, or the Islands of the Pacific, excepting New Zealand, who intends to settle in the Commonwealth, and who—

(a) has resided in Australia continuously for two years immediately preceding the application; or

(b) has obtained in the United Kingdom a certificate of naturalization or letters of naturalization,

may apply to the Governor-General for a certificate of naturalization.

 

* Proclaimed to commence 1st January, 1904. See Gazette, 14th November, 1903.


Evidence in support of application.

N.S.W. 1898, No. 21, s. 5 (2).

S.A. 1864, No. 5, s. 9.

6.—(1) An applicant under paragraph (a) of the preceding section shall produce in support of his application—

(a) his own statutory declaration stating his name, age, birthplace, occupation, and residence, the length of his residence in Australia, and that he intends to settle in the Commonwealth; and

(b) a certificate signed by a Justice of the Peace a postmaster, a teacher of a State school, or an officer of police, that the applicant is known to him, and is a person of good repute.

N.S.W. ib. s. 9.

(2) An applicant under…

Overview

The Naturalization Act 1903 was enacted to establish a uniform process for naturalisation within the Commonwealth of Australia. This Act was introduced to address the need for a consolidated legislative framework governing the acquisition of Australian citizenship by non-British subjects, particularly those who intended to settle in Australia. Enacted by the Parliament of Australia, the primary policy objective of the Act was to centralise the naturalisation process under the Commonwealth Government, thereby ensuring consistency and efficiency across the states. The Act defined terms such as "British subject" and "naturalized," and outlined the eligibility criteria and application process for individuals seeking naturalisation. It also stipulated the rights and obligations of naturalised persons, and provided for the revocation of naturalisation certificates under certain conditions. Additionally, the Act established the exclusive authority of the Commonwealth Government in issuing naturalisation certificates, superseding any similar powers held by the states.

Scope and Application

The Naturalization Act 1903 applies to individuals who are not British subjects and intend to settle in Australia, provided they have either resided in Australia continuously for two years immediately before applying for naturalisation or obtained a certificate of naturalization or letters of naturalization from the United Kingdom. The Act applies to the entire Commonwealth of Australia, and its provisions are exclusive to the Commonwealth government, superseding any state-issued certificates of naturalization or letters of naturalization. Women who marry British subjects, as well as children of naturalized persons under specific conditions, are also subject to this Act. The Act allows for the grant or withholding of a certificate of naturalization by the Governor-General in Council, who may revoke such certificates if obtained by any untrue statement of fact or intention. The Act also provides for the recording of certificates and the imposition of fees, with certain exceptions, and allows the Governor-General to make regulations necessary for the enforcement of the Act.

Key Provisions

  • The Naturalization Act 1903 (Act No. 11 of 1903) provides the legislative framework for the process of naturalization in Australia. It defines key terms such as "British subject," "Certificate of naturalization," "Justice of the Peace," "Naturalized," "Statutory declaration," and "The Minister" in section 3. Section 4 stipulates that any person who has obtained a certificate of naturalization or letters of naturalization in a state or colony prior to the Act's passage is deemed to be naturalized. Section 5 outlines the eligibility criteria for individuals seeking a certificate of naturalization, which includes residency in Australia for two years or possession of a certificate of naturalization or letters of naturalization from the United Kingdom. To support their application, eligible individuals must provide a statutory declaration and a certificate of good repute (section 6).
  • The Governor-General, in Council, has the discretion to grant or withhold a certificate of naturalization based on the evidence presented (section 7). Once granted, the certificate entitles the individual to the same political, civil, and legal rights, powers, and privileges as a natural-born British subject, subject to any constitutional or statutory distinctions (section 8). Additionally, section 9 provides for the naturalization of women marrying British subjects and section 10 extends naturalization to children of naturalized persons under certain conditions. Revocation of a certificate is possible if it is obtained through false statements or intentions (section 11). The Minister is responsible for maintaining records of all certificates, indexing them, and providing annual reports to Parliament (section 12).
  • The Act asserts the Commonwealth's exclusive authority to issue certificates of naturalization, rendering any state-issued certificates null and void (section 13). Furthermore, the Governor-General is empowered to make regulations necessary for the Act's effective implementation, subject to parliamentary oversight (section 14). Failure to comply with the Act’s provisions could result in revocation of a certificate of naturalization and, depending on the nature of the breach, potential civil or criminal consequences. The maximum penalties, however, are not explicitly stated within the Act itself.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Offence Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.