Citizenship Regulations (Amendment)

Legislation au C1959L00023 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1959. No. 23.

 

REGULATIONS UNDER THE NATIONALITY AND CITIZENSHIP ACT 1948-1958.*

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 1948-1958.

Dated this nineteenth day of March, 1959.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

Minister of State for Immigration.

 

AMENDMENTS OF THE CITIZENSHIP REGULATIONS.†

Interpretation.

1. Regulation 3 of the Citizenship Regulations is amended by omitting from sub-regulation (1.) the definition of “the Act” and inserting in its stead the following definition:—

“‘the Act’ means the Nationality and Citizenship Act 1948-1958;”.

2. Regulation 5 of the Citizenship Regulations is repealed and the following regulation inserted in its stead:—

Protected persons.

“5.—(1.) In this regulation, ‘Australian protected person’ means a person—

(a) who, having been born in New Guinea or Nauru, whether before or after the commencement of this regulation, is not a British subject; or

(b) who is registered as an Australian protected person under sub-regulation (4.) of this regulation,

but does not include a person who has, in accordance with this regulation, renounced his status as, and ceased to be, an Australian protected person.

“(2.) It is declared that—

(a) an Australian protected person is, for the purposes of the Act, under the protection of the Australian Government; and

(b) a person who is, under the law of a country, or a part of a country, to which section seven of the Act applies, a British protected person or a protected person of that country or of that part of that country is, for the purposes of the Act, under the protection of the Government of that country or of that part of that country.

 

* Notified in the Commonwealth Gazette on 2nd April, 1959.

† Statutory Rules 1956, No. 112.

8217/58.—PRICE 3D. 9/15.12.1958.

“(3.) Where a woman, being an alien, has, whether before or after the commencement of this regulation, married a person who, at the time of the marriage, was an Australian protected person, she may, at any time, apply to the Minister, in the approved form, for registration as an Australian protected person.

“(4.) The Minister may, in his discretion, if he is satisfied that it is desirable so to do in all the circumstances, cause an applicant under the last preceding sub-regulation to be registered as an Australian protected person.

“(5.) 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, in a form approved by the Minister or by an authorized officer, renouncing his status as an Australian protected person.

“(6.) The person making the declaration shall forward the original declaration, together with a copy of the declaration, to the Secretary.

“(7.) The Secretary shall register the declaration and thereupon the person making the declaration shall cease to be an Australian protected person.

“(8.) 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;

(c) on payment of the prescribed fee, forward the copy so certified to the person who made the declaration; and

(d) if that person is registered as an Australian protected person under sub-regulation (4.) of this regulation, cancel that registration.”.

Registration of births abroad.

3. Regulation 7 of the Citizenship Regulations is amended by inserting in sub-regulation (6.), after the word “Register” (second occurring), the words “, or by an authorized officer,”.

Issue of declaratory certificate of citizenship.

4. Regulation 8 of the Citizenship Regulations is amended—

(a) by inserting in sub-regulation (3.), after the word “Australia” (first occurring), the words “(not being a person referred to in sub-regulation (5.) of this regulation)”;

(b) by inserting in sub-regulation (4.), after the word “Australia” (first occurring), the words “(not being a person referred to in the next succeeding sub-regulation)”; and

(c) by adding at the end thereof the following sub-regulation—

“(5.) Where an Australian citizen who applies for a declaratory certificate of citizenship is a person—

(a) who is under sixteen years of age; and

(b) whose name has been included in a certificate of registration in accordance with sub-section (3.) of section 12 of the Act or in a certificate of naturalization in accordance with sub-section (6.) of section 15 of the Act,

he shall furnish a statement, in writing, setting out such of the particulars specified in the last two preceding sub-regulations as an authorized officer requires.”.

5. Regulation 14 of the Citizenship Regulations is repealed and the following regulation inserted in its stead:—

Declaration of desire to resume citizenship under section 23A (1.).

“14. A declaration of desire to resume Australian citizenship under sub-section (1.) of section 23a of the Act shall be in accordance with Form JA.”.

Declaration of desire to resume citizenship under section 23B (1.).

6. Regulation 15 of the Citizenship Regulations is amended by omitting the words “section 23 of the Act” and inserting in their stead the words “sub-section (1.) of section 23B of the Act”.

Registration of declarations.

7. Regulation 17 of the Citizenship Regulations is amended by omitting from sub-regulation (1.) the figures “13, 15 or 16” and inserting in their stead the figures “13, 14, 15 or 16”.

Persons before whom declarations may be made.

8. Regulation 18 of the Citizenship Regulations is amended by omitting the figures “8, 13, 15 or 16” and inserting in their stead the figures “5, 8, 13, 14, 15 or 16”.

Fees.

9. Regulation 21 of the Citizenship Regulations is amended—

(a) by omitting from sub-paragraph (i) of paragraph (a) of sub-regulation (3.) the word “or” (last occurring);

(b) by adding at the end of paragraph (a) of sub-regulation (3.) the following word and sub-paragraph:—

“or (iii) a person not of full age;”;

(c) by omitting paragraph (b) of sub-regulation (3.);

(d) by omitting from paragraph (c) of sub-regulation (3.) the words “a person who is not of full age or who is”; and

(e) by omitting from paragraph (d) of sub-regulation (3.) the word “for” (first occurring).

Form JA.

10. After Form J in the Second Schedule to the Citizenship Regulations the following form is inserted:—

FORM JA.

Regulation 14.

Section 23A.

COMMONWEALTH OF AUSTRALIA.

Nationality and Citizenship Act.

DECLARATION OF DESIRE TO RESUME AUSTRALIAN CITIZENSHIP

I, , of , having ceased to be an Australian citizen under section 20 of the Nationality and Citizenship Act 1948-1955, do hereby declare that I wish to resume Australian citizenship.

(Signed)

Made and subscribed at this day of

19 , before me—

(Signed)

(Justice of the High Court, Judge, Magistrate, Commissioner for Declarations, Justice of the Peace, Notary Public or authorized officer, as the case may be.)

Form K.

11. Form K in the Second Schedule to the Citizenship Regulations is amended by omitting the word and figures “Section 23.” and inserting in their stead the word and figures “Section 23B.”.

 

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1959 No. 23, titled "Regulations under the Nationality and Citizenship Act 1948-1958," was enacted to make amendments to the Citizenship Regulations and to address specific issues related to the status and rights of Australian protected persons. This legislation was introduced by the Australian Federal Government, with the Governor-General acting on the advice of the Federal Executive Council. The primary policy objective of these regulations is to clarify and refine the criteria and processes for determining and managing the status of Australian protected persons, particularly those born in New Guinea or Nauru, and to provide mechanisms for individuals to renounce their status as Australian protected persons. These amendments also address the registration of births abroad, the issue of declaratory certificates of citizenship, and the procedures for making declarations to resume Australian citizenship, ensuring that the processes are clear and accessible to those affected.

Scope and Application

The Statutory Rules 1959 No. 23, the Regulations under the Nationality and Citizenship Act 1948-1958, apply to the definition and regulation of Australian protected persons and amendments to the Citizenship Regulations. These Regulations primarily concern individuals who were born in New Guinea or Nauru and are not British subjects, as well as those registered as Australian protected persons. The Regulations also address the registration of marriages to Australian protected persons and the process of renouncing status as an Australian protected person. The application of these Regulations is national, extending across the Commonwealth of Australia, and they provide a framework for the administration of citizenship status under the Act. There are no explicit exclusions or exemptions stated in these Regulations, though the discretion of the Minister in registering individuals as Australian protected persons implies that certain cases may be subject to specific considerations. The Regulations also outline the procedures for the registration of births abroad, the issue of declaratory certificates of citizenship, and the formalities for declarations of desire to resume Australian citizenship, with specific forms prescribed for these declarations.

Key Provisions

The Citizenship Regulations, as amended by Statutory Rules 1959 No. 23, introduce several key changes to the existing framework. The definition of "the Act" in Regulation 3 is revised to refer specifically to the Nationality and Citizenship Act 1948-1958, while Regulation 5 replaces the previous definition of "protected persons" with a new one (paragraphs 1-2). These regulations clarify the status of individuals born in New Guinea or Nauru who are not British subjects, and those registered as Australian protected persons, while also providing mechanisms for renouncing this status (paragraphs 3-8). Furthermore, Regulation 7 allows for the registration of births abroad to be conducted by authorised officers, in addition to the Minister (paragraph 3). Regulation 8 modifies the process for issuing declaratory certificates of citizenship, specifically regarding the submission of particulars by minors (paragraph 4). The amended regulations impose several obligations on the parties involved. The Minister of State for Immigration is granted discretionary power to register a woman, who is an alien, as an Australian protected person if she marries an Australian protected person (paragraph 4). Australian protected persons who are nationals of a foreign country can renounce their status by submitting a declaration to the Secretary, who will then process and register the declaration, and cancel any existing registration (paragraphs 5-8). The Secretary is also responsible for retaining the original declaration, certifying copies, and forwarding certified copies to the declarant upon payment of the prescribed fee (paragraph 8). Additionally, Regulation 14 mandates that declarations of desire to resume Australian citizenship must adhere to Form JA (paragraph 5). The Citizenship Regulations outline several potential consequences for non-compliance or breach of the provisions. Offences and penalties are not explicitly stated in the regulations themselves; however, the overarching Nationality and Citizenship Act 1948-1958 may impose penalties for non-compliance with the Act and its subsidiary legislation. The specific penalties for breaches of the Act and its regulations could include fines or imprisonment, depending on the severity of the offence. It is important to note that the maximum penalties would be determined in accordance with the provisions of the Act.

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Immigration & Refugee Law
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Definitions & Interpretation
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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.