Statutory Rules
1980 No. 339
REGULATIONS UNDER THE AUSTRALIAN CITIZENSHIP ACT
19481
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Citizenship Act 1948.
Dated this twenty-seventh day of November 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN MACPHEE
Minister of State for Immigration and Ethnic Affairs
_______________
AMENDMENTS OF THE AUSTRALIAN CITIZENSHIP
REGULATIONS2
1. Regulation 5A of the Australian Citizenship Regulations is repealed and the following regulation substituted:
Countries to which section 7 of the Act applies
“5A. Each of the following countries is declared to be a country to which section 7 of the Act applies:
Grenada
Kiribati
Independent State of Papua New Guinea
Republic of Seychelles
Saint Lucia
St. Vincent
Solomon Islands
The Commonwealth of Dominica
Tuvalu
Zimbabwe.”.
Evidentiary certificate of citizenship
2. Regulation 7G of the Australian Citizenship Regulations is repealed.
Declaratory certificate of citizenship
3. Regulation 8 of the Australian Citizenship Regulations is amended—
(a) by inserting in sub-regulation (1) “, in accordance with forms approved by the Minister,” after “citizenship”;
(b) by omitting sub-regulations (2) and (3) and substituting the following sub‑regulations:
“(2) Where an application for a declaratory certificate of citizenship is for a certificate to which a photograph of the applicant is to be attached, the application shall be accompanied by 2 copies of a photograph of the applicant, measuring 36 millimetres by 50 millimetres, together with a certificate by a prescribed person who has known the applicant for not less than 1 year that the photograph is a photograph of the applicant.
“(2A) In sub-regulation (2), ‘prescribed person’ means a member of the Parliament of the Commonwealth or of a State, a member of the Northern Territory Legislative Assembly, a member of the Australian Capital Territory House of Assembly, a magistrate, justice of the peace, barrister, solicitor, commissioner for declarations, notary public, accountant, medical practitioner, dentist, minister of religion, bank manager or teacher.
“(3) An Australian citizen born in Australia (not being a person referred to in sub‑regulation (5)) who applies for a declaratory certificate of citizenship shall furnish a declaration setting out the following particulars:
(a) his full name and address;
(b) his former names, if any;
(c) the place and date of his birth;
(d) his sex;
(e) his height, the colour of his hair and eyes and any visible distinguishing marks;
(f) whether, since reaching the age of 18 years, he has acquired the nationality or citizenship of a country other than Australia and, if so, the name of the country;
(g) whether his father was, at the time of the applicant’s birth, the diplomatic representative, or consular officer, in Australia of a foreign country;
(h) in the case of an Australian citizen who has been granted a certificate of Australian citizenship—particulars of the certificate; and
(j) if a declaratory certificate of citizenship has been issued previously to the applicant—particulars of the certificate.”; and
(c) by omitting sub-regulations (5) and (6) and substituting the following sub‑regulations:
“(5) Where—
(a) the name of an Australian citizen who has not attained the age of 16 years has been included in a certificate of Australian citizenship in accordance with—
(i) sub-section 12 (3) or 15 (6) of the Nationality and Citizenship Act 1948 as in force on 30 November 1973; or
(ii) sub-section 14 (9) of the Act; or
(b) the responsible parent or guardian of a person who has not attained the age of 16 years has applied for a certificate of Australian citizenship,
the responsible parent or guardian of the person may apply on behalf of the person for a declaratory certificate of citizenship.
“(6) Where application is made under sub-regulation (5) on behalf of a person for a declaratory certificate of citizenship, the applicant shall furnish a statement in writing setting out the following particulars in respect of the person:
(a) his full name and address;
(b) his former names, if any;
(c) the place and date of his birth;
(d) his sex;
(e) his height, the colour of his hair and eyes and any visible distinguishing marks;
(f) in the case of an Australian citizen who has been granted, or whose name is included in, a certificate of Australian citizenship—particulars of the certificate;
(g) where a declaratory certificate of citizenship has been issued previously in respect of the person—particulars of the certificate; and
(h) in the case of an Australian citizen not born in Australia—the matters set out in paragraphs (4) (b), (d), (db), (e) and (g).
“(7) Where application has been made under sub-regulation (5) for a declaratory certificate of citizenship in respect of a person, the certificate shall not be issued until a certificate of Australian citizenship on which the person’s name is included has been issued.”.
Other prescribed matters for the purpose of section 36 of the Act
4. Regulation 11 of the Australian Citizenship Regulations is amended—
(a) by omitting paragraph (c) and substituting the following paragraph:
“(c) the country in which the applicant resided immediately before his first arrival in Australia, Papua or New Guinea before 16 September 1975 or Australia on or after 16 September 1975;”;
and
(b) by omitting paragraphs (k) and (l) and substituting the following paragraphs:
“(k) if a parent of the applicant obtained citizenship by descent—the date of the parent’s birth and the Australian consulate overseas at which the parent’s birth was registered;
(l) if the applicant has acquired the nationality of a foreign country—particulars of the acquisition;
(la) if the applicant has been convicted of a criminal offence in Australia or elsewhere—particulars of the offence, the date of conviction and the sentence imposed;
(lb) if the applicant has, in Australia, Papua or New Guinea before 16 September 1975 or in Australia on or after 16 September 1975, been confined in a gaol, reformatory, prison or hospital for the insane—particulars of the confinement; and”.
Second Schedule
5. The Second Schedule to the Australian Citizenship Regulations is amended by omitting Forms 3, 4, 5, 6 and 7 and substituting the following forms:
FORM 6
COMMONWEALTH OF AUSTRALIA
Australian Citizenship Act
CERTIFICATE OF AUSTRALIAN CITIZENSHIP
having applied for a Certificate of Australian Citizenship, and having satisfied the conditions prescribed by the Australian Citizenship Act 1948 for the grant of such a Certificate:
I, the Minister of State for Immigration and Ethnic Affairs, hereby grant this Certificate of Australian Citizenship to the abovenamed applicant who shall be an Australian Citizen as from the date upon which the applicant takes an oath of allegiance or makes an affirmation of allegiance in the manner prescribed by the Australian Citizenship Act 1948.
Dated
Issued by authority of the Minister of State for Immigration and Ethnic Affairs |
L.S.
……………………………. Authorized Officer |
| ……………………………….. Minister of State for Immigration and Ethnic Affairs |
[Reverse side of form]
Date and place of
Birth of applicant:
Specimen signature
of applicant:
ADMINISTRATION OR OATH OR AFFIRMATION OF ALLEGIANCE
I, , hereby
certify that on the day and at the place mentioned below, the grantee of this Certificate
Appeared before me and
Australian Citizenship Act 1948.
Date Place
……………………………………………..
Signature
………………………………………………
Title
[To be included where children are included in certificate]
CHILDREN INCLUDED IN CERTIFICATE
The names of the following children who have not attained the age of sixteen years and of whom the grantee of this Certificate is the responsible parent or guardian have been included in this Certificate.
Name of child Date and place of birth Signature of
authorized officer
1
2
3
4
5
6
7
8
Date
Minister of State for Immigration
and Ethnic Affairs
_______________
FORM 7
COMMONWEALTH OF AUSTRALIA
Australian Citizenship Act
CERTIFICATE OF AUSTRALIAN CITIZENSHIP
having applied for a Certificate of Australian Citizenship, and having satisfied the conditions prescribed by the Australian Citizenship Act 1948 for the grant of such a Certificate:
I, the Minister of State for Immigration and Ethnic Affairs, hereby grant this Certificate of Australian Citizenship to the abovenamed applicant who shall be an Australian Citizen as from the date of granting of this Certificate.
Dated
Issued by authority of the Minister of State for Immigration and Ethnic Affairs |
L.S.
……………………………. Authorized Officer |
| ……………………………….. Minister of State for Immigration and Ethnic Affairs |
[Reverse side of form]
Date and place
of birth of applicant:
NOTES
1. Notified in the Commonwealth of Australia Gazette on 28 November 1980.
2. Statutory Rules 1960 No. 62 as amended by Statutory Rules 1961 No. 120; 1964 No.1; 1965 Nos. 8 and 146; 1967 No. 149; 1968 No. 129; 1969 No. 72; 1970 Nos. 9 and 189; 1973 Nos. 29 and 196; 1975 No. 181; 1976 No. 269; 1978 No. 272; 1979 No. 143.