STATUTORY RULES
1969 No. 72
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REGULATIONS UNDER THE NATIONALITY AND CITIZENSHIP ACT 1948-1967.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Nationality and Citizenship Act 1948-1967.
Dated this twelfth day of May, 1969.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Sgd. B. M. Snedden
Minister of State for Immigration.
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Amendments of the Citizenship Regulations †
Other prescribed matters for the purpose of section 36 of the Act.
1. Regulation 11 of the Citizenship Regulations is amended—
(a) by omitting paragraph (c) of sub-regulation (1.);
(b) by omitting paragraph (g) of that sub-regulation and inserting in its stead the following paragraphs:—
“(g) the applicant’s marital status;
(ga) if the applicant is married—
(i) the date and place of the marriage and the name and place and date of birth of the applicant’s spouse;
(ii) if the applicant’s spouse is resident in Australia—the address of the spouse and details of the spouse’s arrival in Australia; and
(iii) if a certificate of naturalization as an Australian citizen has been granted to the spouse—particulars of the certificate;
(gb) if the applicant’s marriage has been dissolved or annulled— the date on which, place at which and manner in which it was dissolved or annulled; and”;
(c) by omitting paragraph (a) of sub-regulation (2.) and inserting in its stead the following paragraph:—
“(a) the place and date of birth of each of the applicant’s parents and, in respect of a parent who is a naturalized Australian citizen, particulars of the certificate of naturalization granted to the parent;”;
* Notified in the Commonwealth Gazette on 22 May 1969.
† Statutory Rules 1960, No. 62 as amended by Statutory Rules 1961, No. 120; 1964, No. 1; 1965, Nos. 8 and 146; 1967, No. 149 and 1968, No. 129.
11022/69—Price 5c 10/12.3.1969
(d) by omitting paragraph (c) of that sub-regulation and inserting in its stead the following paragraph:—
“(c) if the applicant is a woman who acquired British nationality by marriage—the name and place and date of birth of her husband and, if her husband is a naturalized Australian citizen, particulars of the certificate of naturalization granted to him; and”; and
(e) by omitting from paragraph (b) of sub-regulation (3.) the words “and their nationality at the date of his birth”.
Second Schedule.
2. The Second Schedule to the Citizenship Regulations is amended by omitting from Forms E, G and H the words—
“Nationality and/or Citizenship (Prior to Grant of this Certificate)”.
Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra
Overview
The Statutory Rules 1969 No. 72, enacted under the authority of the Governor-General, represent amendments to the Citizenship Regulations of 1948-1967. These regulations were introduced to refine and update the process of acquiring Australian citizenship, specifically addressing details related to an applicant's marital status and family background. The enacting body is the Parliament of Australia, with the regulations aiming to ensure a more comprehensive and standardised application process. The policy objective is to maintain the integrity of the citizenship grant process by ensuring all necessary personal and familial information is accurately captured and verified. These amendments reflect a response to identified gaps in the initial regulations, enhancing the administrative efficiency and clarity in processing citizenship applications.
Scope and Application
The Statutory Rules 1969 No. 72, made under the Nationality and Citizenship Act 1948-1967, amend the Citizenship Regulations to enhance the information required from applicants for Australian citizenship. These regulations apply to individuals who are applying for Australian citizenship, requiring them to provide detailed personal information, including marital status and the details of their spouse, if applicable. The regulations also mandate particulars of the applicant’s parents' birthplaces and naturalization certificates if they are naturalized citizens. For women who acquired British nationality through marriage, the regulations necessitate details of their former husbands and their naturalization status. The scope of these regulations is national, applying across the Commonwealth of Australia, and they are enforced by the relevant authorities under the authority of the Act. The regulations do not specify any exclusions, exemptions, or thresholds within the text itself but may be subject to further definition through subordinate instruments issued under the Act.
Key Provisions
The main operative sections of these Regulations, as per the Statutory Rules 1969 No. 72, pertain to amendments to the Citizenship Regulations (sub-regulation 1.) and adjustments to the Second Schedule (Forms E, G and H). Regulation 11 of the Citizenship Regulations has been amended to require more detailed information from applicants regarding their marital status and their spouse’s details if applicable (Regulation 1(b)(g)-(ga)). Additionally, applicants are now required to provide more specific information about their parents, including their birthplaces and details of any naturalization certificates (Regulation 1(c)). For women who acquired British nationality by marriage, the Regulations mandate the disclosure of their husband’s name, place, and date of birth, as well as any particulars of his naturalization certificate if applicable (Regulation 1(d)). Furthermore, the Regulations have been modified to exclude certain details from Forms E, G, and H in the Second Schedule (Regulation 2).
These Regulations impose specific obligations on applicants for Australian citizenship. Firstly, applicants must furnish detailed information about their marital status, including the date and place of marriage, the spouse's name and date of birth, and the address and details of the spouse's arrival in Australia if they are residents (Regulation 1(b)(g)-(ga)). If the marriage has been dissolved or annulled, the applicant must provide the date, place, and manner of the dissolution or annulment (Regulation 1(b)(gb)). Secondly, applicants must disclose the birthplace and date of birth of each of their parents, and if applicable, the particulars of any naturalization certificates their parents hold (Regulation 1(c)). For women who acquired British nationality through marriage, this includes providing details about their husband, including his name, place, and date of birth, and particulars of any naturalization certificate if he is a naturalized Australian citizen (Regulation 1(d)). These obligations ensure that the Department of Home Affairs has comprehensive information to process citizenship applications effectively.
Failure to comply with the requirements outlined in these Regulations can result in various consequences. Although the specific penalties for non-compliance are not detailed in the Regulations themselves, breaches of the Citizenship Regulations could potentially lead to the refusal of a citizenship application, which is a significant administrative consequence. Additionally, providing false or misleading information in citizenship applications can be considered an offence under the Nationality and Citizenship Act 1948-1967, which may result in criminal penalties. Such offences could include imprisonment and/or fines, as stipulated by the relevant sections of the principal Act. The precise penalties would depend on the nature and severity of the offence, as well as the discretion of the court.