STATUTORY RULES 1951, No. 120.(d)
Definitions.
1. Regulation 3 of the Citizenship Regulations is amended—
(a) by adding at the end of sub-regulation (1.) the following definition:—
“ ‘the Secretary’ means the Secretary to the Department of Immigration.”; and
(b) by omitting from sub-regulation (3.) the words “regulation 11 of” and inserting in their stead the words “regulations 4A and 11 of”.
2. After regulation 4 of the Citizenship Regulations the following regulation is inserted:—
Protected persons.
“4A.—(1.) For the purposes of the definition of ‘protected person’ in sub-section (1.) of section 5 of the Act the following classes of persons are prescribed:—
(a) Australian protected persons; and
(b) persons who are British protected persons under the law of the United Kingdom or New Zealand.
“(2.) An Australian protected person who is a national of a foreign country may, at any time after attaining the age of twenty-one years and whilst of sound mind, make a declaration renouncing his status as an Australian protected person.
“(3.) A declaration made under the last preceding sub-regulation shall be in a form approved by the Minister.
“(4.) The person making the declaration shall forward the original declaration together with a copy thereof to the Secretary.
“(5.) The Secretary shall register the declaration and thereupon the person making the declaration shall cease to be an Australian protected person.
“(6.) The Secretary shall—
(a) retain the original declaration;
(b) certify in writing on the copy that it is a true copy and that it has been registered by him, stating the date of registration; and
(d) Made under the Nationality and Citizenship Act 1948-1950 on 12th October, 1951; notified in Gazette on 15th October, 1951.
(c) on payment of the prescribed fee, forward the copy so certified to the person who made the declaration.
“(7.) In this regulation, ‘Australian protected person’ means a person who, having been born in New Guinea or Nauru, whether before or after the commencement of this regulation, is not a British subject and has not, in accordance with this regulation, renounced his status as, and ceased to be, an Australian protected person.”.
Second Schedule.
3. 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 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” 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 or an authorized officer, is in indigent circumstances”.
Overview
Statutory Rules 1951, No. 120, made under the Nationality and Citizenship Act 1948-1950, were enacted on 12th October 1951 to address the need for clearer definitions and processes within the citizenship regulations. These rules were notified in the Gazette on 15th October 1951, and they introduce specific amendments to the Citizenship Regulations to enhance clarity and administrative efficiency. The enacting body for these rules was the Parliament of Australia, aiming to streamline the definition of terms and the process for protected persons to renounce their status, thereby ensuring more precise application of citizenship laws. This legislative instrument also modifies the criteria for granting a certificate of naturalisation, providing greater specificity regarding the circumstances under which such certificates may be issued.
Scope and Application
The Citizenship Regulations, as amended by the Statutory Rules 1951, No. 120, apply to individuals who are Australian protected persons, specifically those born in New Guinea or Nauru and not British subjects, as well as to persons who are British protected persons under the law of the United Kingdom or New Zealand. The regulations govern the process by which these individuals can renounce their status as Australian protected persons, including the form and submission of a declaration to the Secretary and the subsequent registration and certification of this declaration. The regulations also detail the geographic scope, applying within the Australian Commonwealth, and provide a framework for the grant of a certificate of naturalisation to certain categories of individuals, including those who are indigent, as determined by the Minister or an authorised officer. The application of these regulations is further extended or restricted through subordinate instruments, as necessary, to ensure the effective administration of citizenship matters.
Key Provisions
The statutory rules introduced by Statutory Rules 1951, No. 120 amend the Citizenship Regulations under the Nationality and Citizenship Act 1948-1950. The primary operative sections of these amendments pertain to the definition of "the Secretary" and the creation of new regulations concerning protected persons and the grant of certificates of naturalisation. Regulation 3 defines "the Secretary" as the Secretary to the Department of Immigration (Regulation 3(a)). Additionally, a new Regulation 4A is inserted, defining "protected persons" and providing a process for renouncing such status (Regulation 4A(1)). This regulation specifies that Australian protected persons, who are individuals born in New Guinea or Nauru and not British subjects, can renounce their status if they are over twenty-one and of sound mind by making a declaration to the Secretary, who will then register the declaration and forward a certified copy to the declarant (Regulation 4A(2)-(7)).
The Citizenship Regulations impose several obligations on protected persons who wish to renounce their status. They must submit a declaration in an approved form to the Secretary (Regulation 4A(3)). The Secretary has the responsibility to register the declaration and retain the original, certify a copy, and forward it to the declarant upon payment of the prescribed fee (Regulation 4A(5)-(7)). Furthermore, the regulations outline that a certificate of naturalisation may be granted to individuals who are not of full age, to the wife or widow of an Australian citizen (unless specified otherwise in the Schedule), or to a person deemed indigent by the Minister or an authorised officer (Second Schedule).
Breaches of the regulations could lead to various consequences, though the specific offences and penalties are not detailed in the provided text. Generally, failure to comply with these provisions might result in administrative penalties or legal actions for non-compliance, depending on the nature of the breach. For instance, submitting an improperly formatted declaration or failing to pay the prescribed fee could be considered administrative breaches, potentially leading to refusal of the application or other corrective measures. However, the text does not specify maximum penalties or exact civil or criminal consequences for such breaches.