Statutory Rules
1975 No. 180
REGULATIONS
UNDER THE PAPUA NEW GUINEA INDEPENDENCE ACT 1975.*
I,
THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive
Council, hereby make the following Regulations under the Papua New Guinea Independence Act 1975.
Dated this tenth day of September,
1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
E.
G. WHITLAM
Prune Minister for and
on behalf of the Minister of State for Foreign Affairs.
————
PAPUA
NEW GUINEA INDEPENDENCE (AUSTRALIAN CITIZENSHIP) REGULATIONS
Citation.
1. These Regulations may be
cited as the Papua New Guinea Independence (Australian Citizenship)
Regulations.
Commencement.
2. These Regulations shall
come into operation on Independence Day.
Definition.
3. In these Regulations, “the
Act” means the Australian Citizenship Act
1948-1973.
Acquisition
of Papua New Guinea citizenship.
4. A person who—
(a)
immediately before Independence Day, was an Australian citizen within the
meaning of the Act; and
(b)
on Independence Day becomes a citizen of the Independent State of Papua New Guinea
by virtue of the provisions of the Constitution of the Independent State of
Papua New Guinea,
ceases
on that day to be an Australian citizen.
Modifications
and adaptations of Australian Citizenship Act.
5. The Act is modified and
adapted in accordance with the modifications and adaptations specified in the
Schedule.
* Notified in the Australian Government Gazette on 12
September 1975.
SCHEDULE Regulation 5
MODIFICATIONS AND
ADAPTATIONS OF PROVISIONS OF THE AUSTRALIAN CITIZENSHIP ACT 1948-1973
Provision | Modifications
and Adaptations |
Section
5................. | Omit
from paragraph (b) of the definition of “Australian consulate” in sub-section
(1) “in New Guinea or”. Omit the
definition of “New Guinea” in sub-section (1), substitute the following
definitions:— “‘New
Guinea’ has the same meaning as ‘the Territory of New Guinea” had in the Papua New Guinea Act 1949-1975
immediately before 16 September 1975; ‘Papua’
has the same meaning as ‘the Territory of Papua’ had in the Papua New Guinea Act 1949-1975
immediately before 16 September 1975;”.
|
Section
8................. | Omit
sub-paragraph (1) (b) (iii), substitute the following sub-paragraph :— “(iii)
that he had associations by way of descent, residence or otherwise with
Australia, Papua or New Guinea before 16 September 1975 or subsequently has
had such associations with Australia.”.
|
Section
11............... | Omit
sub-paragraph 1 (b) (ii), substitute the following sub-paragraph:— “(ii)
was, or had the status of, a British subject and was ordinarily resident— (A) if the
person was born before 16 September 1975— in Australia, Papua or New Guinea;
or (B) if
the person was born on or after 16 September 1975—in Australia.”.
|
Section
14............... | Omit
from paragraph (1) (c) “or New Guinea, or partly in Australia and partly in
New Guinea,”. Omit
from paragraph (1) (d) “or New Guinea, or partly in Australia and partly in
New Guinea,”. Omit
from paragraph (1) (h) “or New Guinea” (wherever occurring). Omit
from sub-section (6) “or New Guinea, or partly in Australia and partly in New
Guinea,”.
Add at the end
the following sub-section:— “(10)
For the purposes of this section, residence— (a)
before 16 September 1975—in Papua or New Guinea; and (b) on
or after 16 September 1975 and before 16 September 1978—in the Independent
State of Papua New Guinea, shall,
in relation to a person who— (c) has
applied under section 13 for the grant of a certificate of Australian
citizenship; (d) is
resident in Australia; and (e) was.
immediately before 16 September 1975, the holder of, or to be deemed to be
included in, an entry permit (not being a temporary entry permit) issued
under section 6 of the Migration Act 1958-1973,
and has continued to be the holder of, or to be deemed to be included in,
such an entry permit,
be deemed to have been residence
in Australia.”.
|
Section
17............... | Omit “and New
Guinea”. |
Section
38............... | Omit “in
Australia or New Guinea”, substitute “on or after 16 September 1975 in
Australia, or was so confined before 16 September 1975 in Australia, Papua or
New Guinea,”.
|
Section
39............... | Omit “or New
Guinea”, substitute “, Papua or New Guinea before 16 September 1975 or was so
resident in Australia on or after 16 September 1975”. |
Section
42............... | Omit
from paragraph (d) “or New Guinea”, substitute”, Papua or New Guinea before
16 September 1975 or Australia on or after 16 September 1975”.
|
24467/76—32