EXPLANATORY STATEMENT
Statutory Rules No 312 of 1987
Australian Citizenship Regulations (Amendment) Issued by the authority of the Minister for Immigration, Local Government and Ethnic Affairs
Section 53 of the Australian Citizenship Act 1948 (the Principal Act), so far as is relevant, provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed for carrying out or giving effect to the Act.
The amendments amend the Regulations to include the following provisions:
• prescription of the class of resident return visas as a class of visas for the purposes of subsection 5A(1) of the principal Act. Resident return visas have replaced return endorsements which are no longer issued. The intended effect is that for the purposes of that provision, as with holders of return endorsements, holders of resident return visas can be considered to be permanent residents while outside Australia.
• as a consequence of the repeal of certain regulations which took effect on 1 June 1987, references in some other regulations and associated forms have become redundant. These amendments formally repeal those redundant references.
• as a consequence of the extension of the operation of the Migration Act 1958 to the Territory of the Cocos (Keeling) Islands and Coral Sea Islands Territory by proclamation on 11 May 1987, the reference in regulation 21 of the Australian Citizenship Regulations became redundant and it was convenient to delete the regulation at the time of the next amendments to the Regulations.
• formal amendments have removed sex-specific language from the Regulations.
Details of the regulations are as follow:
• Regulation 1 provides that these amendments come into operation on 1 January 1988.
• Regulation 2 defines “Principal Regulations” to mean the Australian Citizenship Regulations.
• Regulation 3 inserted a new regulation 5 into the Principal Regulations. This regulation prescribed that the new resident return visa is a class of visa for the purposes of subsection 5A(1) of the Principal Act.
• Regulation 4 repealed the redundant regulation 21 of the Principal Regulations.
• Regulation 5 omitted paragraph (1)(a) of regulation 22 of the Principal Regulations.
• Regulation 6 made amendments to Forms 9 and 10, and omitted Form 12, in the Second Schedule to the Principal Regulations.
• Regulation 7 removed, by way of a Schedule, sex-specific language from the Principal Regulations.
Overview
The Australian Citizenship Regulations (Amendment) Statutory Rules No 312 of 1987, issued under the authority of the Minister for Immigration, Local Government and Ethnic Affairs, was enacted to amend the Australian Citizenship Regulations and address various issues identified within the existing legislative framework. The principal aim of these amendments was to modernise and streamline the regulations by replacing the now-defunct return endorsements with resident return visas, thereby ensuring that the criteria for permanent residency are up-to-date and consistent with current immigration practices. Additionally, the amendments sought to eliminate redundant references and sex-specific language within the regulations, reflecting a commitment to gender neutrality and legislative clarity. These changes were designed to align the regulations with the broader objectives of the Australian Citizenship Act 1948, ensuring they are both effective and reflective of contemporary societal standards.
Scope and Application
The Australian Citizenship Regulations (Amendment) Statutory Rules No 312 of 1987 pertain to the Australian Citizenship Act 1948 and are designed to modernise and streamline the regulatory framework governing Australian citizenship. These amendments apply to all individuals holding resident return visas, which are now recognised as a class of visa for the purposes of considering their status as permanent residents while they are outside Australia. By replacing the previous return endorsements with resident return visas, the amendments aim to clarify and update the visa classification system. Additionally, the regulations address the redundancy of certain references and regulations that became obsolete following the repeal of specific provisions and the extension of the Migration Act 1958 to additional territories. The amendments also involve the formal repeal of redundant references, the removal of outdated sex-specific language, and adjustments to associated forms to ensure they remain relevant and functional. These changes are set to come into effect on 1 January 1988, as stipulated in the regulations.
Key Provisions
The main operative sections of the Australian Citizenship Regulations (Amendment) Statutory Rules No 312 of 1987 involve several key provisions. Firstly, Regulation 3 introduces a new Regulation 5, which specifies that resident return visas are classified as a type of visa under subsection 5A(1) of the Australian Citizenship Act 1948 (the Principal Act). This amendment ensures that holders of resident return visas can be considered permanent residents while they are outside Australia, aligning with the treatment of holders of return endorsements (Reg. 3). Secondly, Regulation 4 repeals Regulation 21 of the Principal Regulations, which had become redundant due to the repeal of certain regulations that took effect on 1 June 1987 (Reg. 4). Thirdly, Regulation 5 removes paragraph (1)(a) of Regulation 22, which was rendered obsolete by the same changes (Reg. 5). Furthermore, Regulation 6 modifies Forms 9 and 10 in the Second Schedule to the Principal Regulations and omits Form 12, addressing the redundant references that arose from the aforementioned repeals (Reg. 6). Finally, Regulation 7 removes sex-specific language from the Principal Regulations through the Schedule attached to the Regulations (Reg. 7).
The Act imposes specific obligations and requirements on the entities it governs. It mandates that the new resident return visa, as specified in Regulation 5, be recognised as a type of visa for the purposes of determining permanent residency outside Australia under subsection 5A(1) of the Principal Act. This requires the relevant authorities to treat holders of resident return visas in the same manner as those with return endorsements. Furthermore, the repeal of Regulation 21 and the removal of redundant references in Regulations 4 and 5 ensure that the regulations remain current and applicable to the current legal framework (Regs. 4, 5). Additionally, the amendments to Forms 9 and 10, and the omission of Form 12, streamline the application process and documentation requirements by removing outdated references (Reg. 6). Finally, the removal of sex-specific language in Regulation 7 promotes gender neutrality and inclusivity within the regulatory text (Reg. 7).
In terms of offences, penalties, or consequences for breach, the statutory rules do not explicitly state any specific penalties for non-compliance with the amended Regulations. However, the provisions aim to ensure that the regulations are updated to reflect current legal standards and practices. Non-compliance with the regulations may result in procedural errors, delays, or other administrative consequences that could affect the processing of citizenship applications or visa matters. The absence of specific penalties suggests that the focus is on maintaining the integrity and relevance of the regulatory framework rather than imposing punitive measures for non-compliance. The primary consequence of non-compliance would be the need for corrective actions to align with the updated regulatory requirements.