Naturalization Regulations 1923 (Cth)

STATUTORY RULES.

1923. No. 94.

REGULATIONS UNDER THE NATIONALITY ACT 1920-1922.

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 Nationality Act 1920–1922, to come into operation forthwith.

Dated this eleventh day of July, 1923.

FORSTER,

Governor-General,

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Home and Territories.

Naturalization Regulations 1923.

Short title.

1. These Regulations may be cited as the Naturalization Regulations 1923.

Definition.

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

“The Act” means the Nationality Act 1920-1922.

Repeal.

3. The Naturalization Regulations 1920 are hereby repealed.

Information to be supplied by applicant.

4. 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 Act:—

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

(b) his occupation;

(c) 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;

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

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

Notification of intention to apply for naturalization.

5. (1) Any person in the Commonwealth of Australia 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.

(2) Any person in the Territory of Papua who intends to apply for a certificate of naturalization shall advertise, in one newspaper which is published in the Territory and circulated in the district in which he resides, his intention so to apply.

C.10688.—Price 5d.

(3) Any person in the Territory of Norfolk Island who intends to apply for a certificate of naturalization shall post a notice at the Court House of his intention so to apply.

(4) Copies of newspapers in the Commonwealth of Australia, or Papua, containing the advertisement of intention to apply for naturalization, or a copy of the notice posted at the Court House, Norfolk Island, as the case may be, shall be forwarded to the Department of Homeand Territories with the application for naturalization.

6. The advertisement shall be in the following form:—

“ I …..(full name) .............................. of.......... nationality born at........(name of town and country)  and resident .... (number) .... years in............. (Australia or a territory)  now residing at  (full address) ........ intend to apply for naturalization under the Commonwealth Nationality Act 1920-1922.”

7. 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 Act, the Minister may grant to the applicant a certificate to that effect.

8. 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.

9. 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.

Application under sec. 8 of the Act.

10. (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 or any Ordinance of a Territory shall furnish to the Minister—

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

(b) a statutory declaration made by himself 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; and

(c) where the applicant resides in the Commonwealth of Australia or Norfolk Island a 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; and, where the applicant resides in Papua a certificate from a Judge, Resident Magistrate, Assistant Resident Magistrate, Justice of the Peace or European 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 Naturalization Act 1903-1917, or under any State Act or any Ordinance of a Territory shall, in addition to compliance with the provisions of sub-section (1) of section 25 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, or, in the case of Papua, by virtue of the revocation by the Lieutenant-Governor of the certificate of his father or mother; and

(c) where the applicant resides in the Commonwealth of Australia or Norfolk Island a 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 ; and where the applicant resides in Papua a certificate from a Judge, Resident Magistrate, Assistant Resident Magistrate, Justice of the Peace or European Police Officer, that the applicant is known to him and is of good character and has an adequate knowledge of the English language.

Oath of allegiance.

11. (1) In the Commonwealth of Australia and the Territory of Norfolk Island, the oath of allegiance shall be taken before a Justice of the High Court, a Judge of the Court of a State, or a Police, Stipendiary, Special or Chief Magistrate.

(2) In the Territory of Papua, the oath of allegiance shall be taken before a Judge of the Court of the Territory, a Resident Magistrate or an Assistant Resident Magistrate.

Renunciation of prior allegiance.

12. (1) An applicant for a certificate of naturalization other than an applicant under section 8 or section 9 of the Act, who resides in the Commonwealth of Australia or in Norfolk Island, 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, Special or Chief Magistrate, his allegiance to the country of which he was at the time of making his application a subject.

(2) An applicant for a certificate of naturalization, other than an applicant under section 8 or section 9 of the Act, who resides in Papua, shall, before taking the oath of allegiance as required by sub-section (4) of section 7 of the Act, renounce before a Judge of the Court of the Territory, a Resident Magistrate, or an Assistant Resident Magistrate, his allegiance to the country of which he was at the time of making his application a subject.

(3) 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 taken the oath of allegiance to His Majesty and renounced his former allegiance.

Form of certificate of naturalization.

13. A certificate of naturalization granted in the Commonwealth of Australia or in a Territory to which the Act applies, shall be in one the Forms A, B, C, D, E, F or G in the Schedule to these Regulations as the case requires.

Form of declaration of alienage.

14. A declaration of alienage shall be in accordance with Form H in the Schedule to these Regulations.

Form of declaration of retention of British nationality.

15. A declaration of retention of British nationality under section 18 of the Act by the wife of a man ceasing, during the continuance of his marriage, to be a British subject, shall be in accordance with Form I in the Schedule to these Regulations.

Form of declaration of resumption of British nationality.

16. A declaration of resumption of British nationality under section 20 of the Act, by a person who has ceased to be a British subject upon, his parent ceasing during the minority of that person to be a British subject, shall be in accordance with Form J in the Schedule to these Regulations.

Persons before whom declarations may be made.

17. The persons before whom declarations of alienage and declarations of retention and resumption of British nationality may be made shall be the same as the persons by whom the oath of allegiance may be administered.

Persons unable to sign their names.

18. Where an applicant for naturalization is unable to sign his name in his own handwriting, a notation to that effect shall be made on the Certificate of Naturalization.

  

THE SCHEDULE.

 

FORM A.

A Certificate of Naturalization Granted to Unmarried Persons, Widows without Children Affected by Naturalization, and Widowers without Children Affected by Naturalization.

Commonwealth of Australia.

certificate of naturalization.

By virtue of the Nationality Act of the said Commonwealth and the British Nationality and Status of Aliens Acts of the United Kingdom, I, the Governor-General in and over the Commonwealth of Australia, certify that I have received an application supported by a Statutory Declaration from now residing at hitherto a citizen whose description appears in the margin, and on the faith of the statements appearing therein, and having regard to the fact that the applicant has formally renounced his allegiance to the and has sworn allegiance to His Majesty his heirs and successors, I, the said Governor-General, with the advice of the Federal Executive Council, grant to the said this Certificate of Naturalization whereby, subject to the provisions of the abovementioned Acts, 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 a natural-born British subject is entitled or subject and, as from the date of these presents, has to all intents and purposes the status of a, natural-born British subject.

Given under my Hand and the Great Seal of the Commonwealth of Australia at  the day of  One thousand nine hundred and  .

 Governor-General.

By His Excellency’s Command,

Personal Description of Grantee.

Age

Occupation

Height

Colour of eyes

Colour of hair

Any special marks or peculiarities

Specimen Signature of Grantee

 

FORM B.

A Certificate of Naturalization Granted to Married Persons Without Children Affected by Naturalization.

Commonwealth of Australia.

certificate of naturalization.

By virtue of the Nationality Act of the said Commonwealth and the British Nationality and Status of Aliens Acts of the United Kingdom, I, the Governor-General in and over the Commonwealth of Australia, certify that I have received an application supported by a Statutory Declaration from now residing at   hitherto a citizen whose description appears in the margin, and on the faith of the statements appearing therein, and having regard to the fact that the applicant has formally renounced his allegiance to the  and has sworn allegiance to His Majesty  his heirs and successors, I, the said Governor-General, with the advice of the Federal Executive Council, grant to the said

this Certificate of Naturalization whereby, subject to the provisions of the above-mentioned Acts, 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 a natural-born British subject is entitled or subject and, as from the date of these presents, has to all intents and purposes the status of a natural-born British subject.

Given under my Hand and the Great Seal of the Commonwealth of Australia at

the day of 

One thousand nine hundred and .

Governor-General.

By His Excellency’s Command,

Personal Description of Grantee.

Age

Occupation

Height

Colour of eyes

Colour of hair

Any special marks or peculiarities

Specimen Signature of Grantee

By virtue of the grant of this Certificate,  the wife of the said   aged years, also becomes naturalized.

FORM C.

A Certificate of Naturalization Granted to Married Persons, Widows or Widowers, with Children Affected by Naturalization.

Commonwealth of Australia.

certificate of naturalization.

By virtue of the Nationality Act of the said Commonwealth and the British Nationality and Status of Aliens Acts of the United Kingdom, I, the Governor-General in and over the Commonwealth of Australia, certify that I have received an application supported by a Statutory Declaration from now residing at hitherto a citizen whose description appears in the margin, and on the faith of the statements appearing therein, and having regard to the fact that the applicant has formally renounced his allegiance to the and has sworn allegiance to His Majesty his heirs and successors, I, the said Governor-General, with the advice of the Federal Executive Council, grant to the said this Certificate of Naturalization whereby, subject to the provisions of the abovementioned Acts, 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 a natural-born British subject is entitled or subject and, as from the date of these presents, has to all intents and purposes the status of a natural-born British subject.

Given under my Hand and the Great Seal of the Commonwealth of Australia at the  day of  One thousand nine hundred and 

Governor-General.

By His Excellency’s Command,

Personal Description of Grantee.

Age

Occupation

Height

Colour of eyes

Colour of hair

Any special marks or peculiarities

Specimen Signature of Grantee

By virtue of the grant of this Certificate,  the wife of the said   aged  years, also becomes naturalized.

By virtue of the Nationality Act

children of

(Section 10) the following

also become naturalized: —

Name

age

„

„

„

„

„

„

„

„

„

„

 

FORM D.

A Certificate of Naturalization Granted under Section 8 of the Act.

Commonwealth of Australia

certificate of naturalization.

By virtue of the Nationality Act of the said Commonwealth and the British Nationality and Status of Aliens Acts of the United Kingdom, I, the Governor-General in and over the Commonwealth of Australia, certify that I have received an application supported by a Statutory Declaration from now residing at whose description appears in the margin, and who is a naturalized British subject by virtue of a Certificate of Naturalization issued to under on the

Certificate No.  and on the faith of the statements appearing in the said application and Statutory Declaration, and having regard to the fact that the applicant lias sworn allegiance to His Majesty  his heirs and successors, I, the said Governor-General, with the advice of the Federal Executive Council, grant to the said  this Certificate of Naturalization whereby, subject to the provisions of the above-mentioned Acts 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 a natural-born British subject is entitled or subject and, as from the date of these presents, has to all intents and purposes the status of a natural-born British subject.

Given under my Hand and the Great Seal of the Commonwealth of Australia at the day of  One thousand nine hundred and .

Governor-General.

By His Excellency’s Command,

Personal Description of Grantee.

Age

Occupation

Height

Colour of eyes

Colour of hair

Any special marks or peculiarities

Specimen Signature of Grantee

 

FORM E.

A Certificate or Naturalization Granted under Section 9 of the Act to a Person with Respect to whose Nationality as a British Subject a Doubt Exists.

Commonwealth of Australia.

special certificate of naturalization granted to a person with respect to whose nationality as a british subject a doubt exists.

By virtue of the Nationality Act of the said Commonwealth and the British Nationality and Status of Aliens Acts of the United Kingdom, I, the Governor-General in and over the Commonwealth of Australia, certify that I have received an application supported by a Statutory Declaration from now residing at whose descriptions appears in the margin; and on the faith of the statements appearing in the said application, and having regard to the fact that the applicant has sworn allegiance to His Majesty his heirs and successors, and for the purpose of quieting doubts as to the right of the said to be a British subject, I, the Governor-General aforesaid, acting with the advice of the Federal Executive Council, do hereby grant to the said this (Special Certificate of Naturalization, whereby, subject to the provisions of the above-mentioned Acts, and of any other law affecting the nights 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 a natural-born British subject is entitled or subject, and, as from the date of these presents, has to all intents and purposes the status of a natural-born British subject.

Given under my Hand and the Great Seal of the Commonwealth of Australia at the day of  One thousand nine hundred and .

Governor-General.

By His Excellency’s Command,

Personal Description of Grantee.

Age

Occupation

Height

Colour of eyes

Colour of hair

Any special marks or peculiarities

Specimen Signature of Grantee

 

FORM F.

A Certificate of Naturalization Granted under Section 10 of the Act to a Minor.

Commonwealth of Australia.

Certificate of Naturalization Granted to a Minor.

By virtue of the Nationality Act of the said Commonwealth and the British Nationality and Status of Aliens Act of the United Kingdom, I, the Governor-General in and over the Commonwealth of Australia, certify that I have received an application supported by a Statutory Declaration from a minor, now residing at whose description appears in the margin, and on the faith of the statements appearing in the said application, and having regard to the fact that the applicant has formally renounced his allegiance to the and has sworn allegiance to His Majesty his heirs and successors,I, the said Governor-General, with the advice of the Federal Executive Council, grant to the said  this Certificate of Naturalization whereby, subject to the provisions of the above-mentioned Acts, 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 a natural-born British subject is entitled or subject, and, as from the date of these presents, has to all intents and purposes the status of a natural-born British subject.

Given under my Hand and the Great Seal of the Commonwealth of Australia at the day of  One thousand nine hundred; and  .

Governor-General.

By His Excellency’s Command,

Personal Description of Grantee.

Age

Occupation

Height

Colour of eyes

Colour of hair

Any special marks or peculiarities

Specimen Signature of Grantee

FORM G.

A Certificate of Naturalization Granted under Section 18 of the Act to a Woman who was, at Birth, a British Subject, and is Married to a Subject of a State at War with His Majesty.

Commonwealth of Australia.

Certificate of Naturalization Granted to a Woman Who Was at Birth a British Subject and is Married to a Subject of a State at War with His Majesty.

By virtue of the Nationality Act of the said Commonwealth, and the British Nationality and Status of Aliens Acts of the United Kingdom, I, the Governor-General in and over the Commonwealth of Australia, certify that I have received an application supported by a Statutory Declaration from now residing at whose description appears in the margin, and who was at birth a British subject, and is now the wife of an alien who is a subject of a State at war with His Majesty; and on the faith of the statements appearing in the said application, and having regard to the fact that the applicant has formally renounced her allegiance to the and has sworn allegiance to His Majesty his heirs and successors, I, the said Governor-General, with the advice of the Federal Executive Council, grant to the said this Certificate of Naturalization whereby, subject to the provisions of the above-mentioned Acts, 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 a natural-born British subject is entitled or subject and, as from the date of these presents, has to all intents and purposes the status of a natural-born British subject.

Given under my Hand and the Great Seal of the Commonwealth of Australia at  the day of  One thousand nine hundred and 

Governor-General.

By His Excellency’s Command,

Personal Description of Grantee.

Age

Occupation

Height

Colour of eyes

Colour of hair

Any special marks or peculiarities

Specimen Signature of Grantee

 

FORM H.

Commonwealth of Australia.

Nationality Act

Declaration of Alienage.

I,of   being the son (or daughter) of an alien to whom a Certificate of Naturalization has been granted, in which Certificate of Naturalization, in accordance with sub-section (1) of section 10 of the above-mentioned Act, my name was included, and having attained my majority within one year before the present date (orbeing a person who, by reason of my having been born within His Majesty’s Dominions and allegiance) (or on board a British ship) am a natural-born British subject, but who at my birth (or during my minority) became under the law of  a subject also of that State, and am still such a subject and of full age and not under disability, (or being a natural-born British subject, who was born out of His Majesty’s Dominions and being of full age and not under disability), (or having been originally a subject or citizen of  being a State with which His Majesty has

by Order in Council declared that he has entered into such a convention as is mentioned in section 23 of the above-mentioned Act, and having been naturalized as a British subject), (or being the wife of a person whose certificate of naturalization has been revoked within six months before the present date and being also the mother of the following minor children of the marriage of the said  and myself, namely ) do hereby renounce my nationality as a British subject.

(Signed)—

Made and subscribed this day of  before me,

(Signed)—

(Judge, Magistrate or other official title.)

 

FORM I.

Commonwealth of Australia.

Nationality Act

Declaration of Retention of British Nationality.

I, being the wife of  who, during the continuance of my marriage to him, namely on or about the day of  nineteen hundred and has ceased to be a British subject, hereby declare that I desire to retain British nationality.

(Signed)—

Made and subscribed this  day of  before me, 

(Signed) —

(Judge, Police Magistrate, or other official title.)

 

FORM J.

Commonwealth of Australia.

Nationality Act

Declaration of Resumption of British Nationality.

I, having ceased to be a British subject during my minority, by reason of my father (mother) having ceased to be a British subject, and having attained my majority within one year before the present date, hereby declare that I wish to resume British nationality.

(Signed) —

Made and subscribed this day of  before me, 

(Signed)—

(Judge, Magistrate or other official title.)

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