Australian Citizenship Regulations (Amendment)

Administered by Department of Home Affairs

Legislation au F1996B02480 Regulations Not in force Legislative Instrument

Select Document

STATUTORY RULES

1975 No. 18

REGULATIONS UNDER THE AUSTRALIAN CITIZENSHIP ACT 1948-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Australian Citizenship Act 1948-1973.

Dated this tenth day of September, 1975.

Governor-General.

By His Excellency’s Command,

J. McCLELLAND

Minister of State for Labor and Immigration.

——————

AMENDMENTS OF THE AUSTRALIAN CITIZENSHIP REGULATIONS

Commencement.

1. These Regulations shall come into operation on 16 September 1975.

Interpretation.

2. Regulation 3 of the Australian Citizenship Regulations is amended by inserting in sub-regulation (1) after the definition of “authorized officer” the following definitions:—

“ ‘New Guinea’ has the same meaning as ‘the Territory of New Guinea’ had in the Papua New Guinea Act 1949-1975 immediately before 16 September 1975;

* Notified in the Australian Government Gazette on 12 September 1975.

‘Papua’ has the same meaning as ‘the Territory of Papua’ had in the Papua New Guinea Act 1949-1975 immediately before 16 September 1975;”.

Protected persons.

3. Regulation 5 of the Australian Citizenship Regulations is amended-

(a) by omitting sub-regulation (1) and substituting the following sub-regulation:-

“(1) In this regulation, ‘Australian protected person’ means-

(a) a person-

(i) who, immediately before 16 September 1975, was an Australian protected person within the meaning of the Australian Citizenship Regulations as in force immediately before that day; and

(ii) who has not acquired the citizenship of any country (including Australia or the Independent State of Papua New Guinea);

(b) a person-

(i) who was born on or after 16 September 1975;

(ii) who has not acquired the citizenship of any country (including Australia or the Independent State of Papua New Guinea); and

(iii) one of whose natural parents was, at the time of the person’s birth, an Australian protected person; or

(i) was, on or after 16 September 1975, registered under sub-regulation (4) as an Australian protected person; and

(ii) has not acquired the citizenship of any country (including Australia or the Independent State of Papua New Guinea).”;

(b) by inserting in sub-regulation (3) after the word “alien” the words “who is not a citizen of any country”; and

Countries to which section 7 of the Act applies.

4. After regulation 5 of the Australian Citizenship Regulations the following regulation is inserted:-

“5a. Each of the following countries is declared to be a country to which section 7 of the Act applies:-

Grenada;

Independent State of Papua New Guinea.”.

Registration of births abroad.

5. Regulation 7 of the Australian Citizenship Regulations is amended -

(a) by omitting sub-paragraph (ii) of paragraph (b) of sub-regulation (1a) and substituting the following sub-paragraph:-

“(ii) a person who was, or had the status of, a British subject and was ordinarily resident-

(a) if the child was born before 16 September 1975 - in Australia, Papua or New Guinea; or

(b) if the child was horn on or after 16 September 1975 - in Australia.”;

and

(b) by omitting from paragraph (d) of sub-regulation (3) the word’s “or New Guinea” and substituting the words Papua or New Guinea before 16 September 1975 or Australia on or after 16 September 1975”.

Issue of declaratory certificate of citizenship

6. Regulation 8 of the Australian Citizenship Regulations is amended by omitting paragraphs (d) and (e) of sub-regulation (4) and substituting the following paragraphs:-

“(d) particulars of his first arrival in Australia, Papua or New Guinea before 16 September 1975 or Australia on or after 16 September 1975;

(da) particulars of the passport held by him on first arrival;

(db) particulars of subsequent journeys outside Australia, Papua or New Guinea before 16 September 1975 or Australia on or after 16 September 1975;

(e) the country in which he last resided permanently before first arrival;”,

Other prescribed matters for the purpose of section 36 of the Act.

7. Regulation 11 of the Australian Citizenship Regulations is amended by omitting paragraphs (b), (c) and (d) and substituting the following paragraphs:-

“(b) particulars of the applicants first arrival in Australia, Papua or New Guinea before 16 September 1975 or Australia on or after 16 September 1975;

(d) particulars of the applicant’s subsequent Journeys outside Australia, Papua or New Guinea before 16 September 1975 or Australia on or after 16 September 1975:”.

Second Schedule.

8. The Second Schedule to the Australian Citizenship Regulations is amended by omitting from Form 1 the words “I have associations by way of [manner of association] with Australia (or New Guinea)” and substituting the words “I have had associations by way of [manner of association] with Australia (or Papua or New Guinea)”.

Overview

The Australian Citizenship Regulations 1975, made under the Australian Citizenship Act 1948-1973, were enacted by the Governor-General of Australia on 10 September 1975 to update and clarify the administration of Australian citizenship in response to significant political and territorial changes, particularly in relation to Papua New Guinea. These regulations were designed to align with the dissolution of the Australian administration of Papua New Guinea and the establishment of its independence, ensuring that the legal framework for Australian citizenship continued to be applicable and relevant to the changing geopolitical landscape. The regulations were intended to provide clarity on citizenship matters for individuals who were previously under Australian administration and to streamline the process for those seeking Australian citizenship post-independence. The policy objective was to ensure a smooth transition and continuity in the administration of citizenship for those affected by these significant changes.

Scope and Application

The Australian Citizenship Regulations, amended under the Australian Citizenship Act 1948-1973, pertain to individuals and entities associated with Australian citizenship, including those who were Australian protected persons before 16 September 1975, those born on or after this date with Australian protected parents, and those registered as Australian protected persons post-16 September 1975, provided they have not acquired citizenship of any country. These regulations also extend to certain countries, such as Grenada and the Independent State of Papua New Guinea, and address the registration of births abroad, the issuance of declaratory certificates of citizenship, and other prescribed matters for citizenship purposes. The amendments clarify definitions, such as 'New Guinea' and 'Papua', and modify provisions to reflect changes in jurisdictional terms post-16 September 1975. These regulations apply nationally, and while they primarily focus on citizenship criteria and processes, they do not specify exclusions or thresholds explicitly within the provided text, though they do incorporate adjustments that could indirectly affect eligibility or procedural aspects of citizenship applications.

Key Provisions

These Regulations, which come into operation on 16 September 1975, amend the Australian Citizenship Regulations under the Australian Citizenship Act 1948-1973. The amendments primarily redefine terms and update references to geographic locations to align with changes in the Papua New Guinea Act 1949-1975. For example, the term "New Guinea" now has the same meaning as "the Territory of New Guinea" had in the Papua New Guinea Act 1949-1975 immediately before 16 September 1975, and similarly for "Papua." Additionally, the Regulations clarify the definition of "Australian protected person," expanding it to include those born on or after 16 September 1975 whose parents were Australian protected persons at the time of their birth, as well as those who were registered after 16 September 1975 and have not acquired citizenship elsewhere. Regulation 5a introduces new countries to which section 7 of the Act applies, specifically Grenada and the Independent State of Papua New Guinea. The Regulations impose several obligations on the parties they govern, including the requirement to accurately define and report geographic locations and associations with Australia, Papua, or New Guinea, depending on the relevant dates. The amendments necessitate that applicants for Australian citizenship provide detailed information about their first arrival in Australia or the former territories, their status as British subjects, and their residency and travels both before and after 16 September 1975. Additionally, applicants must furnish information regarding their parents' status if they were born on or after this date. The Regulations also mandate the collection of particulars about the passports held by applicants upon their first arrival in Australia and their subsequent journeys outside Australia, Papua, or New Guinea. Failure to comply with the obligations imposed by these Regulations can result in legal consequences. While the Regulations themselves do not explicitly state the penalties for non-compliance, violations of the Australian Citizenship Act 1948-1973 can result in criminal and civil penalties. For criminal offences under the Act, penalties can include fines and imprisonment. For instance, providing false information for the purposes of obtaining Australian citizenship can result in fines of up to $10,000 or imprisonment for up to two years, or both, under section 42A of the Act. Civil penalties can also apply for breaches of the Act, which can vary depending on the specific provision contravened.

Area of Law: Immigration & Refugee Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Commencement Provisions; Reporting & Disclosure Obligations

Interactions

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.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions