Nationality Act 1922

Legislation au C1922A00024 Not in force Act

Legislation content

 

NATIONALITY.

 

No. 24 of 1922.

An Act to amend the Nationality Act 1920.

[Assented to 18th October, 1922.]

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

Short title and citation.

1.—(1.) This Act may be cited as the Nationality Act 1922.

(2.) The Nationality Act 1920 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Nationality Act 19201922.

Definitions.

2. Section five of the Principal Act is amended—

(a) by adding at the end of the definition of Justice of the Peace the words or Territory;

(b) by inserting in the definition of Statutory Declaration, after the word State, the words or Territory; and

(c) by inserting, after the definition of Territorial waters, the following definition:—

Territory means a Territory to which this Act extends;.


3. After section five of the Principal Act the following section is inserted in Part I.:—

Extension of Act to Territories

5a. This Act shall extend to the Territories of Papua and Norfolk Island and to any other Territories under the authority of the Commonwealth to which the Governor-General by proclamation declares it to extend..

Certificate of naturalization.

4. Section seven of the Principal Act is amended by inserting after the word Commonwealth (wherever occurring) the words or a Territory.

Persons previously naturalized.

5. Section eight of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the words State Act, the words or under any Ordinance of a Territory; and

(b) by inserting in sub-section (1.), after the words such Act, the words or Ordinance.

Effect of certificate of naturalization.

6. Section eleven of the Principal Act is amended—

(a) by inserting, after the word Act (last occurring), the words or of any Ordinance of a Territory; and

(b) by inserting, after the word State (last occurring), the words or Territory, as the case may be..

Revocation of certificate of naturalization.

7. Section twelve of the Principal Act is amended—

(a) by omitting from sub-sections (1.) and (2.) thereof the words granted by him (wherever occurring);

(b) by omitting from sub-section (4.) the word Governor-General (second occurring) and inserting in its stead the word Minister;

(c) by inserting in sub-section (5.), after the word State, the words or the officer holding the principal judicial office in a Territory; and

(d) by inserting in sub-section (7.), after the word Commonwealth the words or a Territory.

Definition of certificate of naturalization

8. Section fourteen of the Principal Act is amended by adding at the end thereof the words or under any Ordinance of a Territory.

Effect of certificates granted by Governments of United Kingdom or British Possessions.

9. Section fifteen of the Principal Act is amended by inserting after the word Commonwealth the words or a Territory.

10. Section twenty-five of the Principal Act is amended—

Evidence in support of application.

(a) by omitting the words produce to the Minister newspapers containing copies of the prescribed advertisement and inserting in their stead the words satisfy the Minister in the prescribed manner that he has done so; and

(b) by adding at the end of sub-section (2.) the words or a Territory.

Amendment of certificates.

11. Section thirty-four of the Principal Act is amended by inserting in sub-section (1.), after the words State Act, the words or under any Ordinance of a Territory.

Overview

The Nationality Act 1922 was enacted by the Parliament of Australia to amend the existing Nationality Act 1920. This Act aimed to address the legislative gaps and inconsistencies that arose from the inclusion of new territories under the Commonwealth's jurisdiction, particularly Papua and Norfolk Island, as well as any other territories that might be declared by the Governor-General. The primary objective of this amendment was to ensure that the provisions of the Nationality Act 1920 would uniformly apply to all territories under the Commonwealth's authority, thereby providing a cohesive legal framework for nationality matters across these regions. This Act not only extended the geographical scope of the Principal Act but also made several amendments to ensure that the new territories were fully integrated into the legislative scheme. These amendments included adjustments to definitions, provisions for the application of the Act to territories, and modifications to various sections to reflect the expanded jurisdiction. By doing so, the Act sought to streamline the administration of nationality laws and provide clarity and consistency in the application of these laws across all territories under the Commonwealth.

Scope and Application

The Nationality Act 1922–1922 extends the scope of the original Nationality Act 1920 to include the territories of Papua and Norfolk Island, and any other territories under Commonwealth authority, as declared by the Governor-General through proclamation. The Act applies to persons who seek to naturalise as Australian citizens, including those who have been previously naturalised under a State Act or a Territory Ordinance. It also applies to certificates of naturalisation, their revocation, and the evidence required to support an application for naturalisation. The Act’s provisions are applicable to both Commonwealth and Territory matters, with specific amendments made to reflect the inclusion of Territory ordinances. Notably, the Act does not explicitly exclude any persons or entities from its application, but its provisions are tailored to those seeking naturalisation and those administering the naturalisation process. The Act’s reach is thus comprehensive within the defined territories, and its application is extended through the issuance of proclamations by the Governor-General.

Key Provisions

The Nationality Act 1922 introduces several key provisions that amend the Nationality Act 1920. Firstly, the Act extends its application to the Territories of Papua and Norfolk Island and any other territories under the Commonwealth's authority, as declared by the Governor-General (s. 5a). This expansion is significant as it ensures that the provisions of the Act apply uniformly across all territories under Commonwealth control. The Act imposes several obligations on individuals and authorities within its purview. It mandates that a certificate of naturalisation must now include references to territories in addition to the Commonwealth (s. 4). For individuals who were previously naturalised, the Act ensures that such individuals' status is recognised under any State Act or Territory Ordinance (s. 5). The effect of a certificate of naturalisation now explicitly includes territories (s. 6), and the revocation of such certificates must be handled by appropriate authorities, whether they are Ministers or judicial officers in a territory (s. 7). Breaches of the Act's provisions can lead to significant legal consequences. While the Act does not explicitly detail penalties for non-compliance, the revocation of a certificate of naturalisation (s. 7) and other administrative actions can have serious implications for the individual concerned. Moreover, the Act's amendments ensure that any certificates granted by the Governments of the United Kingdom or British Possessions are recognised, provided they comply with the prescribed manner (s. 9). Failure to adhere to these requirements could result in the certificate being deemed invalid or subject to revocation. Lastly, the Act requires that applicants for naturalisation must satisfy the Minister in the prescribed manner regarding the advertisement of their application (s. 10). This requirement ensures transparency and adherence to legal processes. Additionally, certificates can be amended under the appropriate State Act or Territory Ordinance (s. 11), highlighting the flexibility and comprehensive nature of the Act's regulatory framework.

Legal classification tags

Area of Law
Nationality Law
Instrument
Amending Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Regulatory Standards

Interactions

Authorises

All Versions

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.