Christmas Island Amendment Act 1980
No. 174 of 1980
An Act to amend the Christmas Island Act 1958
[Assented to 17 December 1980]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Christmas Island Amendment Act 1980.
(2) The Christmas Island Act 1958 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on a date to be fixed by Proclamation.
3. Section 16 of the Principal Act is repealed and the following sections are substituted:
Grant of Australian citizenship to certain persons
“15a. A person (not being an Australian citizen) who—
(a) was, immediately before the proclaimed date, ordinarily resident in Christmas Island; and
(b) is ordinarily resident in Australia or an external Territory,
may make, in the prescribed manner, a declaration that he wishes to become an Australian citizen and, upon registration, as prescribed, of the declaration, the person shall become an Australian citizen.
Meaning of ordinarily resident’
“16. For the purposes of sections 15 and 15a, a person shall be deemed to be, or to have been, at a particular time, ordinarily resident in a place if, at that time—
(a) he has, or had, his home at that place; or
(b) that place is, or was, the place of his permanent abode notwithstanding his temporary absence at that time from that place,
but a person shall not be deemed to be, or to have been, resident at that time in that place if, at that time, he is, or was, resident in that place for a special or temporary purpose only.”.
Formal amendments
4. The Principal Act is amended as set out in the Schedule.
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SCHEDULE Section 4
FORMAL AMENDMENTS
Provision | Amendment |
Preamble........... | Omit “four of this Act”, substitute “4”. |
Sub-section 2(1)....... | Omit “of this Act”. |
Sub-section 2(4)....... | (a) Omit “of this Act” (first and second occurring). |
(b) Omit “of this section” (second occurring). |
(c) Omit “the next succeeding sub-section”, substitute “sub-section (5)”. |
Sub-section 2(5)....... | Omit “of this section”. |
Section 4............ | (a) Omit “ten degrees thirty minutes” from the definition of “Christmas Island”, substitute “10° 30’”. |
(b) Omit “one hundred and five degrees forty minutes” from the definition of “Christmas Island”, substitute “105° 40’”. |
(c) Omit “two of this Act” from the definition of “the proclaimed date”, substitute “2”. |
Sub-section 6(2)....... | Omit “the next succeeding sub-section”, substitute “sub-section (3)”. |
Sub-section 6(3)....... | Omit “The last preceding sub-section”, substitute “Sub-section (2)”. |
Sub-section 7(2)....... | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Sub-section 10(1)...... | Omit “fifteen”, substitute “15”. |
Sub-section 10(2)...... | Omit “fifteen”, substitute “15”. |
Sub-section 10(3)...... | Omit “fifteen”, (twice occurring), substitute “15”. |
Sub-section 10(3a)..... | (a) Omit “fifteen”, substitute “15”. |
(b) Omit “the last two preceding sub-sections”, substitute “sub-sections (2) and (3)”. |
Sub-section 10(5)...... | Omit “six”, substitute “6”. |
Sub-section 15(2)...... | Omit “the last preceding sub-section” substitute “sub-section (1)”. |
Sub-section 15(3)...... | Omit “of this section”. |
Sub-section 15(4)...... | (a) Omit “of this section”. |
(b) Omit “twenty-one”, substitute “21”. |
(c) Omit “two” (twice occurring), substitute “2”. |
Sub-section 18(2)...... | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Sub-section 19(3)...... | (a) Omit “thirty-six”, substitute “36”. |
(b) Omit “twenty-nine”, substitute “29”. |
Section 23........... | (a) Omit “One hundred dollars”, substitute “$100”. |
(b) Omit “three”, substitute “3”. |
Overview
The Christmas Island Amendment Act 1980, enacted by the Australian Parliament, serves to amend the Christmas Island Act 1958, addressing various issues that had arisen over the years since the original Act's inception. This amendment act introduces a streamlined process for certain residents of Christmas Island to become Australian citizens, ensuring that those who have established their ordinary residence in Australia or an external territory can declare their wish to become Australian citizens and undergo registration. Additionally, the Act makes formal amendments to various sections of the Principal Act to correct minor discrepancies and update the text to reflect current legal conventions and standards.
The Christmas Island Amendment Act 1980 aims to refine and modernise the legislative framework governing Christmas Island, addressing both citizenship-related issues and formal textual amendments to enhance clarity and precision. This amendment ensures that the administration of Christmas Island continues to align with broader Australian legislative practices and objectives.
Scope and Application
The Christmas Island Amendment Act 1980 amends the Christmas Island Act 1958 by introducing provisions that facilitate the granting of Australian citizenship to certain residents of Christmas Island who are not already Australian citizens. The Act applies to individuals who were ordinarily resident in Christmas Island immediately before the date of proclamation and who subsequently reside in Australia or an external territory. The Act enables such individuals to make a declaration of their intent to become Australian citizens, which, upon registration, results in their acquisition of Australian citizenship. The Act's amendments include technical adjustments to definitions and references within the Principal Act, ensuring consistency and clarity in the legal framework governing Christmas Island. The Act applies to the Commonwealth of Australia and its territories, with the jurisdictional reach being limited to those areas specified within the Act. The Act does not explicitly state any exclusions, exemptions, or thresholds, and it does not extend or restrict its application through subordinate instruments.
Key Provisions
The Christmas Island Amendment Act 1980 primarily amends the Christmas Island Act 1958 (referred to as the Principal Act). It introduces new provisions that allow certain residents of Christmas Island to apply for Australian citizenship. Specifically, Section 15a allows a non-Australian citizen who was ordinarily resident in Christmas Island immediately before a proclaimed date, and is currently ordinarily resident in Australia or an external territory, to declare their intention to become an Australian citizen. This declaration, once registered as prescribed, will result in the person becoming an Australian citizen.
The Act imposes specific obligations on individuals who wish to apply for citizenship under Section 15a. They must be ordinarily resident in Australia or an external territory, and must make a declaration in the prescribed manner. The definition of "ordinarily resident" is also clarified in Section 16, stating that a person has their home at a place or that place is their permanent abode, excluding temporary or special purposes. Failure to meet these criteria could result in the ineligibility for citizenship under this section.
The Act does not explicitly outline specific offences or penalties for breaches of its provisions. However, the underlying principles of the legislation suggest that any failure to comply with the requirements for citizenship applications may result in the denial of citizenship or other legal consequences. Given that this Act is an amendment to a broader legislative framework, any breaches of its provisions could potentially be subject to the penalties outlined in the Principal Act or other related Australian legislation. For instance, fraudulent applications or misrepresentations could lead to criminal charges under Australian law, which might include fines or imprisonment.