Citizenship Regulations (Amendment)

Legislation au C1951L00046 Regulations Not in force Legislative Instrument

Legislation content

CITIZENSHIP REGULATIONS.(a)

 

Statutory Rules 1951, No. 46.(b)

 

Definitions.

1. Regulation 3 of the Citizenship Regulations is amended by adding at the end thereof the following sub-regulation :—

“ (3.) The provisions of these Regulations (other than the provisions of regulation 11 of these Regulations) shall be construed and applied as if the Island of Nauru were part of New Guinea.”.

Certificate of naturalization as an Australian citizen.

2. Regulation 9 of the Citizenship Regulations is amended by inserting in sub-regulation (1.), after the letter “ E ”, the letters “, EA ”.

Advertisement of Intention to apply for a certificate of naturalization.

3. Regulation 11 of the Citizenship Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “ a certificate of registration or ” ;

(b) by inserting in paragraph (b) of that sub-regulation, after the words “ Norfolk Island ”, the word “, Nauru ” ;

(c) by adding at the end of that sub-regulation the following paragraph :—

“ (e) if he resides in Nauru—in the Government Gazette of Nauru.” ;

(d) by inserting in sub-regulation (2.), after the word “Gazette”, the words “ of Nauru or ” ;

(e) by omitting from that sub-regulation the words “ registration or ” ; and

(f) by omitting from sub-regulation (3.) the form prescribed therein and inserting in its stead the following form :—

“ NOTICE OF INTENTION TO APPLY FOR NATURALIZATION AS AN AUSTRALIAN CITIZEN.

I [full name]  of   nationality and citizenship (it any) born at [name of town and country]                            and resident [number]                            years in [Australia, Nauru or New Guinea]                                          now residing at [full address]                                          intend to apply for naturalization as an Australian citizen under the Nationality and Citizenship Act 1948.”.

Registration of declarations of renunciation or resumption.

4. Regulation 16 of the Citizenship Regulations is amended by omitting from sub-regulation (3.) the word “effort” and inserting in its stead the word “ effect ”.

(a) For previous Regulations, see Commonwealth Statutory Rules 1949–50, p 254.

(b) Made under the Nationality and Citizenship Act 1948-1950 on 15th June, 1951 ; notified in Gazette on 18th June, 1951.

5265.—8


First Schedule.

5. The First Schedule to the Citizenship Regulations is amended by inserting after Form E the following form :—

“ Form EA. Regulation 9.

No.

Commonwealth of Australia.

Nationality and Citizenship Act 1948-1950.

Whereas   has applied for a Certificate of Naturalization as an Australian citizen, alleging with respect to himself/herself the particulars set out on the reverse side hereof, and has satisfied me that he/she has fulfilled the conditions laid down in the Nationality and Citizenship Act 1948-1950 for the grant of such a Certificate :

Now therefore, I, the Minister of State for Immigration, hereby grant, in pursuance of the Nationality and Citizenship Act 1948-1950. this Certificate of Naturalization, whereby, subject to the provisions of the said Act and of any other law affecting the rights of naturalized persons, the said               shall, as from the date of this Certificate, become entitled to all political and other rights, powers and privileges, and become subject to all obligations, duties and liabilities to which an Australian citizen or a British subject is entitled or subject, and have to all intents and purposes the status of an Australian citizen and British subject.

Dated this     day of    , One thousand nine hundred and

Minister of State for Immigration.

 

[Reverse side of form.]

Particulars Relating to Applicant.

Full Name

Address

Occupation

Place and Date of Birth

Nationality and/or Citizenship (prior to grant of this Certificate)

Marital Status

Height

Colour of Eyes

Colour of Hair

Visible Distinguishing Marks

Specimen Signature of Applicant.”.

Second Schedule.

6. The Second Schedule to the Citizenship Regulations is amended by omitting the words “ For the grant of a certificate of naturalization to a person not of full age who is the child of an Australian citizen or to the wife of an Australian citizen, not being a person referred to in the first paragraph of this Schedule, or to a person who, in the opinion of the Minister, is in indigent circumstances ” and inserting in their stead the words “ For the grant of a certificate of naturalization to a person not of full age or to the wife or widow of an Australian citizen, not being a person referred to in the first paragraph of this Schedule, or to a person who, in the opinion of the Minister, is in indigent circumstances ”.

Commencement.

7. Regulation 6 of these Regulations shall be deemed to have come into operation on the twenty-fifth day of January, 1951.

Overview

The Citizenship Regulations 1951, made under the Nationality and Citizenship Act 1948-1950, were enacted to address certain administrative and procedural gaps in the process of naturalisation as an Australian citizen, particularly in relation to individuals residing in Nauru and New Guinea. This legislative instrument amends various sections of the Citizenship Regulations to ensure that individuals from these territories are treated similarly to those from other regions, such as Norfolk Island, when applying for naturalisation. It introduces new forms and procedures for advertising intentions to apply for naturalisation and modifies the declaration forms for renunciation or resumption of citizenship. The policy objective is to streamline and formalise the process for those seeking Australian citizenship, ensuring consistency and clarity in application procedures across different territories.

Scope and Application

The Citizenship Regulations apply to individuals who are seeking to become Australian citizens through naturalisation, particularly those who reside in Nauru and New Guinea. These regulations, which are amendments to the Citizenship Regulations under the Nationality and Citizenship Act 1948, specify the procedural requirements and forms that applicants must use when applying for a certificate of naturalisation. The regulations also include modifications to the advertisement requirements for intentions to apply for naturalisation, and adjustments to the forms and procedures for the registration of declarations of renunciation or resumption of Australian citizenship. These amendments extend the application of the regulations to Nauru, treating it as part of New Guinea for the purposes of these regulations, except for specific provisions under regulation 11. The geographic reach of these regulations is primarily within the Commonwealth of Australia, but they also affect residents of Nauru and New Guinea. The application of these regulations is further detailed and extended through subordinate instruments, which may include additional forms and procedural adjustments not explicitly stated in the primary text of the regulations.

Key Provisions

The Citizenship Regulations, as amended, introduce several significant changes to the application process for Australian citizenship, particularly for individuals from specific territories. Regulation 3(3) now includes the Island of Nauru as part of New Guinea for the purposes of these Regulations, except for regulation 11. Regulation 9 is updated to include a new sub-regulation (1.) with the addition of "EA" after the letter "E", indicating a new category or condition for naturalization. Furthermore, Regulation 11 is extensively revised, with modifications to the advertisement requirements for those intending to apply for naturalization, specifically for residents in Nauru. The regulation mandates that such individuals must publish their intention in the Government Gazette of Nauru, and the form prescribed for such notices is detailed in the regulation. The obligations imposed by these Regulations on the applicants are quite specific and require adherence to the new forms and procedures. For instance, applicants must now include their full name, nationality, and citizenship status, if any, and must provide details of their residency in Australia, Nauru, or New Guinea. Additionally, they must indicate their current address and their intention to apply for naturalization under the Nationality and Citizenship Act 1948. Failure to comply with these requirements could result in the application being deemed incomplete or invalid. Regulation 16 also specifies that declarations of renunciation or resumption must now be recorded in effect rather than effort, ensuring that the process is both transparent and legally binding. Breaches of these regulations could lead to various consequences, although specific penalties are not detailed in the provided text. Generally, non-compliance with citizenship regulations could result in the denial of a naturalization certificate, and in severe cases, it might lead to legal action or other administrative penalties. The regulations emphasize the importance of precise adherence to the prescribed forms and procedures, underscoring the legal gravity of the citizenship application process.

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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.