Nationality Act 1920

Legislation au C1920A00048 Not in force Act

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NATIONALITY.

 

No. 48 of 1920.

An Act relating to Nationality and Aliens.

[Assented to 2nd December, 1920.]

BE it enacted by the King’s Most Excellent Majesty, the Senate and the House of Representatives of the Commonwealth of Australia, as follows:—

Part 1.—Preliminary.

Short title.

1. This Act may be cited as the Nationality Act 1920.

Parts.

2. This Act is divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Natural-born British Subjects.

Part III.—Naturalization of Aliens.

Part IV.—General.

Division 1.—National Status of Married Women and Infant Children.

Division 2.—Loss of British Nationality.

Division 3.—Procedure and Evidence.

Part V.—Miscellaneous.

Repeal of Naturalization Act 1903-1917.

3. The Naturalization Act 1903-1917 is hereby repealed, but such repeal shall not affect the rights or status of any person naturalized under that Act.

Commencement.

4. This Act shall commence on a day to be fixed by proclamation.

Definitions.

5.—(1.) In this Act, unless the contrary intention appears—

“Alien” means a person who is not a British subject;

“British subject” means a person who is a natural-born British subject, or a person to whom a certificate of naturalization has been granted, or a person who has become a subject of His Majesty by reason of any annexation of territory:

“Certificate of naturalization” means a certificate of naturalization granted under this Act, and being, at the time when it is relied upon in connexion with any provision of this Act, unrevoked;

“Disability” means the status of being a married woman, or a minor, lunatic or idiot;

“Justice of the Peace” means a Justice of the Peace of the Commonwealth or of a State;

“Statutory Declaration” means a statutory declaration within the meaning of any law of the Commonwealth or of the State in which the declaration is made relating to statutory declarations;

“Territorial waters” includes any port, harbour or dock;

“The British Act” means the British Nationality and Status of Aliens Act, 1914 (4 & 5 Geo. 5, Ch. 17) of the United Kingdom, as amended by the British Nationality and Status of Aliens Act, 1918 (8 & 9 Geo. 5, Ch. 5) of the United Kingdom;

“The Minister” means the Minister of State for Home and Territories.

(2.) Where in pursuance of this Act the name of a child is included in a certificate of naturalization granted to his parent, or where, in pursuance of any Act repealed by this Act, any child has been deemed to be a naturalized British subject, by reason of residence with his parent, such child shall, for the purposes of this Act, be deemed to be a person to whom a certificate of naturalization has been granted.

Part II.—Natural-born British Subjects.

Definition of natural-born British subject.

6.—(1.) The following persons shall be deemed to be natural-born British subjects, namely:—

(a) Any person born within His Majesty’s dominions and allegiance; and

(b

Overview

The Nationality Act 1920 was enacted by the Commonwealth of Australia to address the need for a comprehensive legal framework governing the acquisition and loss of British nationality and the naturalization of aliens within the Commonwealth. This Act replaced the earlier Naturalization Act 1903-1917 while preserving the rights and status of individuals naturalized under the repealed Act. The Act was passed by the Australian Parliament and outlines the procedures for naturalizing aliens, the conditions for loss of British nationality, and the rights and obligations of naturalized British subjects. The policy objective of the Act was to provide a clear and structured approach to nationality and naturalization matters, reflecting the evolving status of the Commonwealth of Australia within the British Empire.

Scope and Application

The Nationality Act 1920 applies to the entire Commonwealth of Australia and governs the acquisition, retention, and loss of British nationality and the naturalization of aliens. The Act establishes criteria and procedures for the grant of certificates of naturalization to aliens, including residency requirements, good character, and an adequate knowledge of English. The Governor-General holds the discretion to grant or withhold these certificates, and they can be revoked under specific circumstances such as fraud, disloyalty, or criminal activity. The Act also addresses the status of married women, widows, and children in relation to the nationality of their spouses or parents. It allows for the loss of British nationality through foreign naturalization or voluntary declaration of alienage. Certain administrative functions, such as record-keeping and the publication of naturalization lists, are vested in the Minister for Home and Territories. The Act explicitly states that the power to issue certificates of naturalization is exclusively vested in the Commonwealth government, superseding any state-level authority. Additionally, the Act incorporates provisions from the British Nationality and Status of Aliens Act 1914, as amended, with certain limitations on their application to self-governing Dominions.

Key Provisions

  • The Nationality Act 1920 is a comprehensive piece of legislation that governs the status of British subjects, naturalization of aliens, and the loss of British nationality. The Act is divided into several parts, each addressing different aspects of nationality and aliens.
  • The main operative sections of the Act include definitions of key terms such as "alien," "British subject," "certificate of naturalization," and "disability" (sections 5 and 6). Part II defines natural-born British subjects, stipulating that individuals born within His Majesty's dominions and allegiance, or those born outside but whose fathers were British subjects at the time of their birth, are deemed natural-born British subjects (section 6). Part III outlines the conditions and process for naturalizing aliens, requiring applicants to meet specific residence, service, and character criteria before the Governor-General can grant a certificate of naturalization (section 7).
  • The Act imposes several obligations and requirements on the parties it governs. For instance, the Governor-General has the discretion to grant or withhold certificates of naturalization based on the applicant's eligibility and the public good (section 7). The Act also mandates that applicants for naturalization must take an oath of allegiance before their certificate takes effect (section 11). Additionally, the Act requires the Minister to maintain records of all certificates of naturalization, indexes of these certificates, and to publish annual reports and lists of naturalized persons (section 32).
  • Breaches of the Act can lead to various consequences. For example, knowingly making a false representation or statement for the purposes of the Act can result in imprisonment for up to three months (section 30). The Act also allows for the revocation of certificates of naturalization if the Governor-General is satisfied that the certificate was obtained by fraud, or if the holder has engaged in activities detrimental to the public good, such as unlawful trading with the enemy or maintaining residency outside His Majesty's dominions for an extended period (section 12). If a certificate of naturalization is revoked, the former holder is regarded as an alien and a subject of the state to which they belonged at the time of the certificate's grant (section 13).
  • In summary, the Nationality Act 1920 sets out clear criteria and processes for naturalizing aliens, defines the status of British subjects, and outlines the consequences for non-compliance with its provisions.

Legal classification tags

Area of Law
Immigration & Refugee Law
National Security Law
Instrument
Act
Concepts
Definitions & Interpretation
Licensing & Registration
Enforcement Powers
Exemptions & Exclusions
Regulatory Standards

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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.