EXPLANATORY STATEMENT
Statutory Rules No. 209 of 1986
Australian Citizenship Regulations (Amendment)
issued by the authority of the Minister for Immigration and Ethnic Affairs
Section 53 of the Australian Citizenship Act 1948 (the 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 Act was recently amended by the Australian Citizenship Amendment Act 1986 (Act No 70 Assented to 24 June 1986) (the amending Act), which was proclaimed on the same day as these regulations came into operation.
The amendments amend regulation 13A to reflect the amendments made to the Act by the amending Act. They also enable the true identity of an applicant seeking to resume citizenship, previously lost under the provisions of section 17 of the Act, to be more fully ascertained.
Details of the regulations are as follows:
• Regulation 1 provides that this amendment shall come into operation on 20 August 1986.
• Regulation 2 made minor amendments, (in the form of changing references to sub-sections in the Principal Act), to regulation 13A of the Australian Citizenship Regulations as a consequence of the amendments made by the amending Act to the Act. Regulation 2 also removed the requirement that the Statement in support of the Declaration of a desire to resume Australian citizenship (after it has been lost by virtue of section 17 of the Act) be furnished to the Minister in duplicate.
• Regulation 3 provided for the repeal of Form 9A of the Australian Citizenship Regulations, and the substitution of a new Form 9A to be completed by applicants for resumption of citizenship under section 23AA of the Act.
Previously Form 9A did not require the provision of sufficient detail for the Department to ascertain, in some cases, the true identity of an applicant, whether they had ever held Australian citizenship and whether they had in fact lost that citizenship under section 17 of the Act. The new Form 9A requires the provision of this information. As a result, it is no longer necessary for Form 9A to be witnessed, as the Department is able to establish a person’s identity independently. The new Form 9A also, therefore, does not contain witnessing requirements.
Overview
The Australian Citizenship Regulations (Amendment) Statutory Rules No. 209 of 1986 were introduced to amend the Australian Citizenship Regulations, which were made under the authority of the Australian Citizenship Act 1948. The Australian Citizenship Amendment Act 1986, which was assented to on 24 June 1986, led to these amendments, aiming to ensure a more accurate determination of an applicant's identity when they seek to resume citizenship that had previously been lost. These regulations were proclaimed on the same day as the amending Act came into operation, specifically on 20 August 1986. The policy objective of these amendments was to improve the ascertainment of applicants' true identities by refining the information required in Form 9A, thus eliminating the need for witnessing and ensuring that the Department can independently establish an applicant's identity.
Scope and Application
The Australian Citizenship Regulations (Amendment) Statutory Rules No. 209 of 1986, issued under the authority of the Minister for Immigration and Ethnic Affairs, amend the Australian Citizenship Regulations to reflect changes made by the Australian Citizenship Amendment Act 1986. This legislation applies to individuals who are seeking to resume Australian citizenship that they previously lost under section 17 of the Australian Citizenship Act 1948. The amendments are designed to ensure that the true identity of an applicant is fully ascertained and to streamline the process of resuming citizenship. The regulations, which came into operation on 20 August 1986, include minor amendments to regulation 13A, the repeal of Form 9A, and the introduction of a new Form 9A to be completed by applicants for resumption of citizenship. These changes aim to ensure that applicants provide sufficient detail to confirm their identity and citizenship history, thereby eliminating the need for the form to be witnessed. The regulations apply across the Commonwealth of Australia and are made under the authority of the Australian Citizenship Act 1948.
Key Provisions
The Australian Citizenship Regulations (Amendment) issued under the authority of the Minister for Immigration and Ethnic Affairs, primarily amend Regulation 13A to align with the changes introduced by the Australian Citizenship Amendment Act 1986. Regulation 1 specifies that these amendments will take effect on 20 August 1986. Regulation 2 introduces minor adjustments to Regulation 13A, mainly modifying references to subsections in the principal Act, and eliminates the requirement for a Statement in support of the Declaration of a desire to resume Australian citizenship to be submitted to the Minister in duplicate.
These regulations also impose certain obligations on applicants seeking to resume Australian citizenship. Under Regulation 3, the new Form 9A, which applicants must complete when applying for the resumption of citizenship under Section 23AA of the Act, now requires the provision of sufficient detail for the Department to ascertain the applicant's true identity, whether they have ever held Australian citizenship, and whether they have lost that citizenship under Section 17 of the Act. This new form does not require witnessing, as the Department is able to independently establish the applicant's identity. Consequently, the new Form 9A no longer includes witnessing requirements.
Failure to comply with the provisions of these regulations may have legal consequences. Although the specific offences, penalties, or civil/criminal consequences for breach are not detailed within the text, it is clear that non-compliance with the requirements to provide accurate and complete information could result in the application for resumption of citizenship being rejected. The precise penalties for such breaches are likely to be determined by the overarching Australian Citizenship Act 1948, which could encompass administrative actions, fines, or other sanctions as deemed appropriate by the relevant authorities.