Naturalization Regulations 1920 (Cth)

STATUTORY RULES.

1921. No. 22.

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REGULATION UNDER THE NATIONALITY ACT 1920.

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 NationalityAct 1920, to come into operation forthwith.

Dated this twentieth day of January, 1921.

FORSTER,

Governor-General.

By His Excellency’s Command,

A. POYNTON,

Minister of State for Home and Territories.

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Naturalization Regulations 1920.

Short title.

1. These Regulation may be cited as the Naturalization Regulations 1920.

Definition.

2. In these Regulation, unless the contrary intention appears—

“The Act” means the NationalityAct 1920.

3. An applicant for a certificate of naturalization shall state in the statutory declaration forwarded in support of his application the following information in addition to that required under section 25 of the Nationality Act 1920:—

(a) his height, the colour of his hair and eyes, and any physical peculiarities; and

(b) the place where and the name of the person by whom employed at the time of application, and the length of the period during which he has been employed in his present employment; and

(c) the nationality of his parents, and the nationality of his wife (if any) prior to marriage; and

(d) the full names and ages of his wife and children and their birthplaces and places of residence at the date of the application.

4. Any person who intends to apply for a certificate of naturalization shall advertise, in two newspapers which are published in the State and circulated in the district in which he resides, his intention so to apply.

5. Upon application, at any time after he has attained the age of twenty-one years, by any person who is naturalized by virtue of the provisions of section 10 of the NationalityAct 1920, the Minister may grant to the applicant a certificate to that effect.

6. Any person may, on application at the office of the Home and Territories Department, have a search made in any records of certificates of naturalization in its custody upon payment of a fee of Two shillings and sixpence for each search.

7.Certified copies of any certificate of naturalization so recorded may be obtained by any person from the Home and Territories Department on payment of a fee of Two shillings and sixpence for each certified copy.

Applications under s.8 of the Act.

8. (1) An applicant for a certificate of naturalization under section 8 of the Act to whom a certificate of naturalization has been issued under the Naturalization Act 1903-1917 or under any State Act shall furnish to the Minister—

(a) the certificate of naturalization issued to him; and

(b) his own statutory declaration stating—

(i) he is the person named in the certificate of naturalization; and

(ii )the certificate of naturalization has not been revoked and

(iii) where he has lived during the past 8 (eight) years.

(c) Certificate from a Judge, Magistrate, Justice of the Peace, or Police Officer that the applicant is known to him and is of good character, and has an adequate knowledge of the English language.

(2) An applicant for a certificate of naturalization under section 8 of the Act who has been naturalized by virtue of a certificate of naturalization issued to his father or mother under the NaturalizationAct 1903-1917, or under any State Act shall, in addition to compliant with the provisions of section 25 (sub-section (i)) of the Act, furnish to the Minister—

(a) a copy of the certificate of naturalization issued to his father or mother, as the case may be; and

(b) his own statutory declaration stating that—

(i) the person named in the certificate is or was his father or mother; and

(ii) he has not ceased to be a British subject by virtue of a declaration of the Governor-General on the revocation of the certificate of his father or mother or by virtue of his own declaration of alienage.

(c) Certificate from a Judge, Magistrate, Justice of the Peace or Police Officer that the applicant is known to him and is of good character, and has an adequate knowledge of the English language.

Renunciation of prior allegiance.

9. (1)All applicant for a certificate of naturalization, other than an applicant under section 8 of the Act, shall, before taking the oath of allegiance as required by sub-section (4) of section 7 of the Act, renounce before a Justice of the High Court, a Judge of the Court of a State or Territory, or a Police, Stipendiary or Special Magistrate, his allegiance to the country of which he was at the time of making his application a subject.

(2) The applicant shall furnish to the Minister a certificate of the Justice, Judge, or Magistrate, as the case may be, that the applicant has before him renounced such allegiance.

     

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.