Australian Citizenship Regulations (Amendment) 1995 No. 267
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 267
Issued by the Authority of the Minister for Immigration and Ethnic Affairs
Australian Citizenship Act 1948
Australian Citizenship Regulations (Amendment)
Section 53 of the Australian Citizenship Act 1948 (the Act) provides for the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Without limiting the generality of section 53, particular provision is made for and in relation to the following matters:
- paragraph 53(f)(i) of the Act provides for the imposition and recovery of fees in respect of any application under the Act; and
- paragraph 53(fa) of the Act provides for the remission, refund or waiver of fees of a kind referred to in paragraph (f) or the exemption of persons from the payment of such fees.
The purpose of the Regulations is to:
- provide a concessional fee for applications for Australian citizenship made by recipients of a prescribed pension or allowance and by the partners of these recipients; and
- provide an exemption from payment of fees for an application for Australian citizenship for persons who came to Australia under the British Child Migration Scheme between 1947 and 1967.
Details of the Regulations are set out in the Attachment.
ATTACHMENT
Regulation 1 Commencement
This regulation provides for these Regulations to commence on 1 November 1995.
Regulation 2 - Amendment
This regulation provides for the Australian Citizenship Regulations to be amended as set out in these Regulations.
Regulation 3 - Regulation 9 (Fee on lodgment of application for grant of certificate of Australian citizenship)
This regulation omits subregulations 9(1A) and 9(1B) and substitutes new subregulations.
New subregulation 9(1A) provides that the fee on application for a certificate of Australian citizenship is $20 where the applicant produces evidence, issued by the Department of Social Security or the Department of Veterans' Affairs, that identifies the applicant as the recipient of an age pension, a mature age allowance, a disability support pension, an age service pension or an invalidity service pension. The fee also applies to an applicant who is the partner of the recipient of one of those pensions, and produces evidence that identifies the applicant as the recipient of a means-tested pension or allowance, and he or she receives that means-tested pension or allowance because he or she is the partner of the recipient of one of those above-mentioned pensions or allowance.
New subregulation 9(1B) provides that a fee is not payable for an application for a certificate of Australian citizenship where an authorised officer is satisfied that the applicant entered Australia from the United Kingdom between 22 September 1947 and 31 December 1967 and was a ward of the Minister under the Immigration (Guardianship of Children) Act 1946. This regulation is designed to cover people who were brought to Australia under the British Child Migration Scheme.
Overview
The Australian Citizenship Regulations (Amendment) 1995 No. 267 were introduced to amend the existing Australian Citizenship Regulations under the authority of the Minister for Immigration and Ethnic Affairs. This amendment to the Australian Citizenship Act 1948 aimed to address specific gaps in the legislative framework by providing a concessional fee for applications for Australian citizenship made by recipients of prescribed pensions or allowances and their partners. Additionally, the regulations exempt individuals who arrived in Australia under the British Child Migration Scheme between 1947 and 1967 from paying the citizenship application fee. The policy objective was to ensure that financial barriers do not prevent eligible individuals from pursuing Australian citizenship, thereby fostering inclusivity and recognition of historical injustices.
Scope and Application
The Australian Citizenship Regulations (Amendment) 1995 No. 267, issued under the authority of the Minister for Immigration and Ethnic Affairs, amend the Australian Citizenship Regulations in relation to the Australian Citizenship Act 1948. These regulations primarily focus on the imposition and recovery of fees associated with applications for Australian citizenship, as well as the remission, refund or waiver of fees and exemptions from payment of such fees. The amendments are effective from 1 November 1995 and seek to provide fee concessions for certain applicants, specifically those who are recipients of a prescribed pension or allowance or their partners, and to exempt from fees those who were brought to Australia under the British Child Migration Scheme between 1947 and 1967. The scope of these regulations applies to individuals who meet the specified criteria for fee concessions or exemptions, and they are intended to facilitate access to Australian citizenship for eligible persons. The amendments are intended to be implemented through subordinate instruments, as detailed in the attachment to the explanatory statement.
Key Provisions
The Australian Citizenship Regulations (Amendment) 1995 introduce specific provisions for fees related to applications for Australian citizenship. Section 53(f)(i) of the Australian Citizenship Act 1948 empowers the Governor-General to make regulations that prescribe fees for applications, while section 53(fa) allows for the remission, refund, waiver of fees, or exemption from fee payment. The purpose of these amendments is to provide a concessional fee for applicants who are recipients of a prescribed pension or allowance, or their partners, and to exempt from fee payment those who came to Australia under the British Child Migration Scheme between 1947 and 1967.
The obligations under these Regulations require applicants who are recipients of certain pensions or their partners to provide evidence of their eligibility for the concessional fee when lodging an application for Australian citizenship. This evidence must be issued by the Department of Social Security or the Department of Veterans' Affairs. Similarly, applicants who were brought to Australia under the British Child Migration Scheme must provide evidence of their entry and status as a ward under the Immigration (Guardianship of Children) Act 1946 to be eligible for the fee exemption.
Failure to comply with the fee requirements or misrepresentation of eligibility for concessional fees or exemptions may result in civil or criminal penalties. While the specific penalties are not detailed in the Regulations, breaches of similar legislative provisions generally attract fines or other enforcement actions as prescribed by the relevant legislation. It is important to note that the consequences for non-compliance can vary, and legal advice should be sought for specific cases.