Naturalization Regulations (Cth)

STATUTORY RULES.

1937. No. 33.

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REGULATIONS UNDER THE NATIONALITY ACT 1920-1936.*

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 1920-1936.

Dated this Seventeenth day of March, 1937.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for the Interior.

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Naturalization Regulations.

Citation.

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

Commencement.

2.These Regulations shall come into operation on the first day of April, 1937.

Repeal.

3.The Naturalization Regulations 1923 (being Statutory Rules 1923, No. 94, as amended by Statutory Rules 1930, No. 58; 1931, No. 124; 1932, No. 102; 1933, No. 2; 1934, No. 157; 1935, No. 114; and 1936, No. 48) are hereby repealed.

Definition.

4.—(1.) In these Regulations, unless the contrary intention appears—

“the Act” means the Nationality Act 1920-1936.

(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 Commonwealth Gazette on , 1937.

604.—8/12.3.1937.—Price 8d.

Information to be supplied by applicant.

5. In addition to the particulars required under section 25 of the Act, an applicant for a certificate of naturalization shall state the following particulars in the statutory declaration produced in support of his application:—

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

(b) His occupation;

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

(d) His nationality;

(e) The nationality of his parents;

(f) If he is married, the full names, age, birthplace, and nationality, prior to marriage, of his wife, and her place of residence at the date of the application; and

(g)If he has any children, the full names, age and birthplace of every such child and his place of residence at the date of the application.

Notification of intention to apply for naturalization.

6.—(1.) Any person in any State of the Commonwealth 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 any Territory (other than the Territory of Norfolk Island) 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.

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

(4.) Copies of newspapers 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 the Interior with the application for naturalization.

Form of advertisement.

7.The advertisement and notice referred to in the last preceding regulation shall be in the following form:—

“NOTICE OF INTENTION TO APPLY FOR NATURALIZATION.

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 Nationality Act 1920-1936.”.

Certificates as to naturalization under s. 10 of Act.

8.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, or any person authorized thereto by him in writing, may grant to the applicant, upon payment of the prescribed fee, a certificate to that effect.

Applications under s. 8 of the Act.

9.— (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;

(b) a statutory declaration made by the applicant stating—

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

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

(iii) where he has lived during the past eight years; and

(c) if 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; or

(d)if 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 complying 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;

(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 direction of the Governor-General or the Minister 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) if 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; or

(d)if 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 and renunciation of former allegiance.

10.—(1.) The oath of allegiance required to be taken by an applicant for a certificate of naturalization may be taken before a Justice of the High Court or any Judge, Magistrate or Justice of the Peace.

(2.) An applicant for a certificate of naturalization shall furnish to the Minister a certificate of a Justice of the High Court or a Judge, Magistrate or Justice of the Peace, that the applicant has before him taken the oath of allegiance to His Majesty and (except in the case of an applicant under section 8 or 9 of the Act) renounced his allegiance to the country of which he was, at the time of making his application, a subject or citizen.

Form of certificate of naturalization.

11.— (1.) A certificate of naturalization granted under the Act shall be in accordance with such one of the Forms A, B, C, D, or E, as the case requires.

(2.) Where, in pursuance of section 10 of the Act, the name of any child is to be included in any certificate of naturalization, an endorsement to that effect and stating the name and date of birth of the child shall be made on the certificate and the name of the child shall be deemed to be included on and from the date on which the endorsement is signed by the Minister.

Form of declaration of alienage.

12. A declaration of alienage may be in accordance with Form F.

Form of declaration of retention of British nationality.

13.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, may be in accordance with Form G.

Form of declaration of acquisition of British nationality.

14. A declaration by the wife of a naturalized British subject that she desires to acquire British nationality under section 18 of the Act may be in accordance with Form H.

Form of declaration of resumption of British nationality under s. 18 of Act.

15. A declaration of resumption of British nationality under section 18 of the Act by the wife of an alien who is a subject of a State at war with His Majesty may be in accordance with Form J.

Form of declaration of retention of rights of a British subject.

16. A declaration by a British woman, who has married an alien, that she desires to retain, while in Australia or any Territory, the rights of a British subject in accordance with the provisions of section 18a of the Act, shall be in accordance with Form K.

Form of declaration of resumption of British nationality under s. 20.

17.A declaration of resumption of British nationality under section 20 of the Act, by a person who ceased to be a British subject upon his parent ceasing during the minority of that person to be a British subject, may be in accordance with Form L.

Registration of certain declarations.

18.— (1.) Every person who makes a declaration of alienage or any declaration referred to in regulations 13, 14, 15, 16 or 17 of these Regulations shall forward the original declaration, together with a copy thereof, to the Department of the Interior, Canberra, for registration.

(2.) The original declaration shall be filed in the Department of the Interior, and the copy, certified to be a true copy .and endorsed as having been registered, may be forwarded to the declarant upon payment of the prescribed fee.

Persons before whom declarations may be made.

19. Any declaration referred to in regulations 12 to 17 of these Regulations may be made before a Justice of the High Court or any Judge, Magistrate, Commissioner for Declarations, or Justice of the Peace.

Persons unable to sign their names.

20.Where an applicant for a certificate of naturalization is unable to sign his name in his own handwriting, a memorandum to that effect shall be made on the certificate of naturalization granted to that applicant.

Certified copies of certificates and declarations.

21.Certified copies of certificates of naturalization and of declarations recorded or registered in the Department of the Interior may be obtained by any person upon payment of the prescribed fee.

Fees.

22.Fees, in accordance with the Second Schedule to these Regulations, shall be payable, in advance, in respect of the several matters mentioned therein:

Provided that where, prior to the commencement of these Regulations, the Governor-General approved the grant of a certificate of naturalization and the applicant therefor took the oath of allegiance, the fee for the grant of the certificate shall be the amount payable under the Regulations in force at the date on which the oath was taken, or, if no fee or charge was payable at that date, the certificate may be granted without payment of any fee or charge.

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THE SCHEDULES.

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THE FIRST SCHEDULE.

Form of Certificate of Naturalization under Section 7 of the Act.

Form A.

Sec. 7.

Common wealth of Australia.

certificate of naturalization.

Whereas  has applied for a certificate of naturalization, alleging with respect to himself (herself) the particulars set out in the margin hereof, and has satisfied me that he (she) has fulfilled the conditions laid down in the Nationality Act 1920-1936 for thegrant of a certificate of naturalization:

And whereas the said  has formally renounced his (her) allegiance to the  and has sworn allegiance to His Majesty  his heirs and successors:

Now Therefore I, the Minister of State for the Interior, hereby grant, in pursuance of the said Nationality Act and the British Nationality and Status of Aliens Acts, 1914 and 1918 of the United Kingdom, 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.

Dated this  day of

One thousand nine hundred and

Minister of State for the Interior.

Particulars Relating to Applicant.

Full name

Address

Age

Occupation

Place and date of birth

Nationality

Single, married, &c.

Name of wife or husband

Height

Colour of eyes

Colour of hair

Any special marks or peculiarities

Specimen signature of applicant

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Form of Certificate of Naturalization to be Granted under Section 8 of the act

Form B.

Sec. 8.

Commonwealth of Australia.

Certificate of Naturalization.

Whereas  who is a naturalized British subject by virtue of a certificate of naturalization (No.   ) issued to  under the  on the   , has applied for a certificate of naturalization under the NationalityAct, 1920-1936, alleging with respect to himself (herself) the particulars set out in the margin hereof, and has satisfied he that he (she) has fulfilled the conditions laid down in the said Nationality Act for the grant of a certificate of naturalization:

AND whereas the said  has sworn

allegiance to His Majesty  his heirs and successors:

Now Therefore I, the Minister of State for the Interior, hereby grant, in pursuance of the said Nationality Act and the British Nationality and Status of Aliens Acts, 1914 and 1918 of the United Kingdom, 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.

Dated this  day of

, One thousand nine hundred and

Minister of State for the Interior.

Particulars relating to Applicant.

Full name

Address

Age

Occupation

Place and date of birth

Nationality

Single, married, &c.

Name of wife or husband

Height

Colour of eyes

Colour of hair

Any special marks or peculiarities

Specimen signature of applicant

FORM of Certificate of Naturalization to be Granted under

Section 9 of the Act.

Form C.

Sec. 9.

Commonwealth of Australia.

Special Certificate of Naturalization Granted to a Person with respect to whose Nationality as a British Subject a Doubt Exists.

Whereas  , with respect to whose nationality as a British subject a doubt exists, has applied for such a special certificate of naturalization as is provided for in section nine of the Nationality Act 1920-1936, alleging with respect to himself (herself) the particulars set out in the margin hereof:

And WHEREAS the said has sworn allegiance to His Majesty his heirs and successors:

And whereas I am satisfied that such a certificate may properly be granted to the said :

Now Therefore I, the Minister of State for the Interior, for the purpose of quieting doubts as to the right of the said to be a British subject, hereby grant, in pursuance of the said Nationality Act and the British Nationality and Status of Aliens Acts, 1914 and 1918 of the United Kingdom, 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 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.

Dated this  day of

One thousand nine hundred and

Minister of State for the Interior.

Particulars relating to Applicant.

Full name

Address

Age

Occupation

Place and date of birth

Nationality

Single, married, &c.

Name of wife or husband

Height

Colour of eyes

Colour of hair

Any special marks or peculiarities

Specimen signature of applicant

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

Form D.

Sec. 10.

Commonwealth of Australia.

Certificate of Naturalization Granted to a Minor.

Whereas  , a minor, has applied for a certificate of naturalization, alleging with respect to himself (herself) the particulars set out in the margin hereof:

And whereas the said  has formally renounced

his (her) allegiance to the  and has sworn allegiance to His Majesty his heirs and successors:

And whereas I am satisfied that such a certificate may properly be granted to the said

Now Therefore I, the Minister of State for the Interior, hereby grant, in pursuance of the Nationality Act 1920-1936 and the British Nationality and Status of Aliens Acts, 1914 and 1918 of the United Kingdom, 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.

Dated this  day of

One thousand nine hundred and

Minister of State for the Interior.

Particulars relating to Applicant.

Full name

Address Age

Occupation

Place and date of birth

Nationality

Height

Colour of eyes

Colour of hair

Any special marks or peculiarities

Specimen signature of applicant

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Form of Certificate of Naturalization to be Granted under Section 18 of the Act.

Form E.

Sec. 18.

Commonwealth of Australia.

Certificate of Naturalization granted to a Woman who was a Natural-Born British Subject and is Married to a Subject of a State at War with his Majesty.

Whereas  has applied for a certificate of naturalization,

alleging with respect to herself the particulars set out in the margin hereof and has satisfied me that she was a natural-born British subject and is the wife of an alien who is a subject of a State at war with His Majesty and that she has fulfilled the conditions laid down in the Nationality Act 1920-1936 for the grant of a certificate of naturalization:

And whereas the said  has formally renounced her

allegiance to the  and has sworn allegiance to His

Majesty  his heirs and successors:

And whereas I am satisfied that it is desirable that the said be permitted to resume British nationality:

Now Therefore I, the Minister of State for the Interior, hereby grant, in pursuance of the said Nationality Act and the British Nationality and Status of Aliens Acts, 1914 and 1918 of the United Kingdom, 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.

Dated this  day of

One thousand nine hundred and

Minister of State for the Interior.

Particulars relating to Applicant.

Full name

Address

Age

Occupation

Place and date of birth

Nationality

Name of husband

Height

Colour of eyes

Colour of hair

Any special marks or peculiarities

Specimen signature of applicant

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Commonwealth of Australia Form F.

Nationality Act 1920-1936. Reg. 12.

Declaration of Alienage.

I,  of  

being the son (or daughter) of  , to whom a certificate of naturalization has been granted, in which certificate of naturalization, in accordance with sub-section (1.) of section ten of the above-mentioned Act, my name was included, and having attained my majority within one year before the present date,

or, being a person who, by reason of my having been born within His Majesty’s dominions and allegiance or on board a British ship,is 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 is 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 twenty-three 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,  ),

or, being the son (or daughter) of , a person whose

certificate or letters of naturalization have been revoked and having attained the age of twenty-one years within six months before the present date, do hereby renounce my nationality as a British subject.

(Signed) —

Made and subscribed at  this

day of , 19  , before me—

(Signed) —

(Judge, Magistrate, Justice of the Peace, or other

official title.)

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Commonwealth of Australia.

Form G.

Sec. 18(4).

Reg. 13.

Nationality Act 1920-1936.

Declaration OF Retention OF British Nationality.

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

(Signed)—

Made and subscribed at  this

day of , 19  , before me—

(Signed)—

(Judge, Police Magistrate, Justice of

the Peace or other official title.)

Form H.

Commonwealth of Australia. Sec. 18(5).

Reg. 14.

Nationality Act 1920-1936.

Declaration of Acquisition of British Nationality.

I, .............., of.............., being the wife of    to whom Certificate of Naturalization (No. ) was granted on or about

 , hereby declare that I desire to acquire British nationality.

(Signed) —

Made and subscribed at  this

day of  , 19  , before me—

(Signed) —

(Judge, Police Magistrate, Justice of

the Peace or other official title.)

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Commonwealth of Australia. Form J.

Sec. 18(6).

Reg. 15.

Nationality Act 1920-1936.

Declaration of Resumption of British Nationality.

I, .............., of.............., formerly a natural-born British subject and now the wife of an alien who is a subject of a State at war with His Majesty, hereby declare that I desire to resume British nationality.

(Signed) —

Made and subscribed at  this

day of , 19  , before me—

(Signed)—

(Judge, Police Magistrate, Justice of

the Peace or other official title.)

Form K.

Sec. 18a.

Reg. 16.

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Commonwealth of Australia.

Nationality Act 1920-1936.

Declaration by a British Woman, who has Married an Alien, that she Desires to Retain, while in Australia or any Territory, the Rights of a British Subject.

I, , of  the wife of

 , who is of  nationality,

having acquired his nationality by reason of my marriage to him at

 on the  day of  ,

19

 , hereby declare that I desire, while in Australia or any Territory to which the Nationality Act 1920-1936 extends, to retain the rights of a British subject.

(Signed) —

Made and subscribed at  this

day of  , 19  , before me—

(Signed) —

(Judge, Police Magistrate, Justice of

 the Peace or other official title.)

Commonwealth of Australia.

Form L.

Sec. 20(2).

Reg. 17.

Nationality Act 1920-1936.

Declaration of Resumption of British Nationality.

I, .................., of.................., 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  , 19 

before me,

(Signed) —

(Judge, Magistrate, Justice of the

Peace, or other official title.)

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THE SECOND SCHEDULE. Regulation 22.

Fees.

£	s.	d.
For the grant of a certificate of naturalization to a woman who was a British subject previous to her marriage to an alien............................................................................................	0	5	0
For the grant of a certificate of naturalization to a person who, in the war which commenced on the fourth day of August, 1914, served with a good record in the Commonwealth Naval or Military Forces..........................................................................................................................	No fee.
For the grant of a certificate of naturalization in any other case..................................	5	0	0
For the grant of a certificate under regulation 8.........................................................	0	10	0
For inspecting the indexes of certificates of naturalization and making a copy of any such certificate..........................................................................................................................	0	2	6
For a certified copy of a declaration or certificate of naturalization............................	0	10	0
For the amendment or endorsement of a certificate of naturalization..........................	0	5	0

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.