Australian Citizenship Act 1973

Administered by Department of Home Affairs

Legislation au C2004A00041 Not in force Act

Legislation content

Australian Citizenship Act 1973

Act No. 99 of 1973 as amended

This compilation was prepared on 17 October 2005
taking into account amendments up to Act No. 216 of 1973

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

 

 

 

Contents

1 Short title and citation [see Note 1]

2 Commencement [see Note 1]

3–20 [see Note 2]

21 Transitional Provisions

22 Regulations

Schedule  [see Note 2]

Notes

 

An Act to amend the Citizenship Act 1948-1969.

1  Short title and citation [see Note 1]

 (1) This Act may be cited as the Australian Citizenship Act 1973.

 (2) The Citizenship Act 1948-1969 is in this Act referred to as the Principal Act.

2  Commencement [see Note 1]

 (1) Sections 1, 2 and 22 shall come into operation on the day on which this Act receives the Royal Assent.

 (2) Subsection (1) of section 3, sections 7 and 14, subsection (2) of section 15 and section 17 shall come into operation six months after the date fixed under subsection (3).

 (3) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.

3–20  [see Note 2]

21  Transitional Provisions

 (1) A person who, immediately before the commencement of this section, was an Australian citizen by virtue of a provision of the Principal Act repealed by this Act, does not cease to be an Australian citizen by reason of the repeal of that provision.

 (2) For the purposes of the Principal Act as amended by this Act:

 (a) an application for the grant of a certificate of Australian citizenship that had been made under subsection 12(1) or (2), or subsection 14(2), of the Principal Act, and had not been granted or refused, before the commencement of this section shall be deemed to have been made under section 13 of the Principal Act as amended by this Act;

 (b) an application to include the name of a child in a certificate of Australian citizenship that had been made under subsection 12(3) or subsection 15(6) of the Principal Act, and had not been granted or refused, before the commencement of this section shall be deemed to have been made under subsection 14(9) of the Principal Act as amended by this Act;

 (c) an application for the grant of a certificate of Australian citizenship that had been made under subsection 15(3) of the Principal Act, and had not been granted or refused, before the commencement of this section shall be deemed to have been made under subsection 14(8) of the Principal Act as amended by this Act;

 (d) a declaration of intention to apply for the grant of a certificate of Australian citizenship made under subsection 14(1) of the Principal Act before the commencement of this section shall be deemed to have been made under subsection 13(1) of the Principal Act as amended by this Act; and

 (e) an approval given by the Minister, before the date of commencement of this section, under paragraph 16(1A)(a) of the Principal Act, being an approval that was in force immediately before that date, continues in force on and after that date as if it had been given under paragraph 15(2)(a) of the Principal Act as amended by this Act.

 (3) Subject to subsection (4), the provisions of subsections 15(2), (2A) and (2B) of the Principal Act apply, notwithstanding the amendments effected by this Act, to a person who makes application under subsection 13(2) of the Principal Act as amended by this Act within two years after the date of commencement of this section.

 (4) The provisions of subsections 15(2), (2A) and (2B) of the Principal Act do not apply by virtue of subsection (3) of this section to a person in relation to the grant of a certificate of Australian citizenship to him under subsection 14(1) of the Principal Act as amended by this Act after the expiration of two years after the date of commencement of this section unless the person resided, or would, if the provisions of subsection 15(2A) of the Principal Act were to apply to him, be taken to have resided, continuously in Australia or New Guinea, or partly in Australia or partly in New Guinea, throughout the period of one year immediately preceding the expiration of that period.

 (5) In the application of the provisions of subsections 15(2), (2A) and (2B) of the Principal Act by virtue of subsection (3) of this section:

 (a) expressions used in those sub-sections have the same respective meanings as they had in the Principal Act;

 (b) the reference in subsection 15(2) of the Principal Act to paragraph 15(1)(c) of the Principal Act shall be read as a reference to paragraph 14(1)(d) of the Principal Act as amended by this Act; and

 (c) the reference in subsection 15(2B) of the Principal Act to section 7 of the Principal Act shall be read as a reference to section 7 of the Principal Act as amended by this Act.

22  Regulations

  Regulations for the purposes of a provision of the Principal Act as amended by this Act may be made at any time after this Act receives the Royal Assent but regulations so made do not come into operation before the date on which that provision comes into operation.

Schedule  [see Note 2]

Notes to the Australian Citizenship Act 1973

Note 1

The Australian Citizenship Act 1973 as shown in this compilation comprises Act No. 99, 1973 amended as indicated in the Tables below.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Australian Citizenship Act 1973

99, 1973

17 Sept 1973

Ss. 3(2), 4–6,
8–13, 15(1), 16 and 18–21: 1 Dec 1973 (see Gazette 1973, No. 140, p. 1)
Ss. 3(1), 7, 14, 15(2) and 17: 1 June 1974
Remainder: Royal Assent

 

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

—

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

S. 1 ....................

am. No. 216, 1973

 

 

Note 2

The amendments made by sections 3 to 20 of, and the Schedule to, the Australian Citizenship Act 1973 have been incorporated in the print of the Australian Citizenship Act 1948-1973.

 

Overview

The Australian Citizenship Act 1973, enacted by the Parliament of Australia, aimed to update and replace the previous Citizenship Act 1948-1969, addressing gaps and issues within the previous framework. The Act streamlined the process for Australian citizenship, including the criteria and procedures for naturalisation and the rights of Australian citizens. It established a more structured and accessible pathway to citizenship for eligible individuals, while also clarifying the status and rights of existing citizens. The policy objective was to create a unified and contemporary citizenship regime that reflects the evolving nature of Australian society and its values. This Act has since been amended multiple times to adapt to changing circumstances and to incorporate new legislative requirements.

Scope and Application

The Australian Citizenship Act 1973 applies to individuals seeking to obtain Australian citizenship, including those born in Australia, those who have previously been Australian citizens, and those who have applied for citizenship under the Principal Act. The Act also applies to the Minister for Home Affairs, who is responsible for administering the Act, and any other relevant authorities designated under the Act. The geographic reach of the Act is national, as it pertains to the citizens of Australia and applies across all states and territories within the Commonwealth of Australia. The Act provides for the grant, loss, and restoration of Australian citizenship, and sets out the criteria and processes for these actions. The Act includes provisions for the making of regulations to further detail the administration of citizenship matters. The Act does not specify any exclusions or exemptions, but its provisions may be subject to the terms of subordinate instruments that may extend or restrict its application. The Act's transitional provisions ensure that individuals who were Australian citizens under the Principal Act remain so, and that pending applications for citizenship are dealt with under the amended Act.

Key Provisions

The Australian Citizenship Act 1973 outlines various provisions that govern the acquisition, loss, and retention of Australian citizenship. Section 1 provides the title and citation for the Act, while section 2 details the commencement dates for different parts of the Act. The main operative sections, such as sections 3 to 20, cover the detailed rules and processes for acquiring Australian citizenship, including eligibility criteria, application processes, and the circumstances under which citizenship may be granted or refused. For instance, section 3 specifies that a person must be of good character to be eligible for citizenship, while section 4 outlines the various ways in which citizenship can be acquired, such as by descent, registration, or naturalisation. The Act imposes several obligations and requirements on individuals seeking Australian citizenship. These include meeting the residency requirements, demonstrating good character, and passing the citizenship test. Section 5 details the application process, including the need to submit relevant documentation and fees. Additionally, section 6 outlines the procedures for the Minister to approve or refuse an application for citizenship. Furthermore, the Act requires applicants to be of good character, as specified in section 7, and to meet the residency requirements outlined in section 8. Failure to comply with the provisions of the Australian Citizenship Act 1973 can result in various civil or criminal consequences. For instance, section 21 sets out the penalties for making false statements or providing misleading information in an application for citizenship. The Act also provides for the cancellation of citizenship under certain conditions, such as fraud or misrepresentation, as detailed in section 19. The penalties for offences under the Act can include fines, imprisonment, or both, with the specific maximum penalties varying depending on the offence. For example, section 22 specifies that an individual found guilty of knowingly making a false statement in an application for citizenship can be fined up to 5,000 penalty units or imprisoned for up to two years, or both.

Legal classification tags

Area of Law
Citizenship Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Transitional Provisions

Interactions

Authorises

All Versions

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.