Nationality Act 1936

Legislation au C1936A00062 Not in force Act

Legislation content

 

NATIONALITY.

 

No. 62 of 1936.

An Act to amend the Nationality Act 1920-1930.

[Assented to 1st December, 1936.]

BE it enacted by the King’s 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 1936.

(2.) The Nationality Act 1920-1930 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 1920-1936.

Commencement.

2. This Act shall commence on a date to be fixed by Proclamation.

Amendment of sections specified in Schedule.

3. The Principal Act is amended as set out in the Schedule to this Act.

Definitions.

4. Section five of the Principal Act is amended by omitting the definition of “The Minister”.


Adoption of Part II. of British Act.

5. Section seventeen of the Principal Act is amended—

(a) by omitting from sub-section (2.) the words “Any power which, under” and inserting in their stead the words “The power which, under sub-section (4.) of section seven of” and;

(b) by adding at the end thereof the following sub-section:—

“(3.) Any other power which, under Part II. of the British Act, is exercisable by the Secretary of State, shall be vested in and exercisable by the Minister.”.

6. Section eighteen of the Principal Act is repealed and the following section inserted in its stead:—

National status of married women

“18.—(1.) Subject to the provisions of this section, the wife of a British subject shall .be deemed to be a British subject, and the wife of an alien shall be deemed to be an alien.

“(2.) Where a woman has (whether before or after the commencement of this Act) married an alien, and was immediately before her marriage a British subject, she shall not, by reason only of her marriage, be deemed to have ceased to be a British subject unless, by reason of her marriage, she acquired the nationality of her husband.

“(3.) Where a man has, during the continuance of his marriage, ceased (whether before or after the commencement of this Act) to be a British subject, his wife shall not, by reason only of that fact, be deemed to have ceased to be a British subject unless, by reason of the acquisition by her husband of a new nationality, she also acquired that nationality.

“(4.) Where a man ceases, during the continuance of his marriage, to be a British subject and, by reason of his acquisition of a new nationality, his wife also acquires that nationality, she may, whether her marriage is still continuing or not, within one year from the date on which she so acquired such nationality, or within such further time as the Minister in special circumstances allows, make a declaration that she desires to retain British nationality, and there-upon she shall be deemed to have remained a British subject.

“(5.) Where, after the thirty-first day of March, One thousand nine hundred and thirty-seven, a certificate of naturalization is granted to an alien, his wife, if she is not already a British subject, shall not be deemed to be a British subject, unless, within one year from the date of such certificate, or within such further time as the Minister in special circumstances allows, she makes a declaration that she desires to acquire British nationality.

“(6.) Where an alien is a subject of a state at war with His Majesty, it shall be lawful for his wife, if she was a natural-born British subject, to make a declaration that she desires to resume British nationality, and thereupon the Minister, if he is satisfied that it is desirable that she be permitted to do so, may grant her a certificate of naturalization.”.

7. After section eighteen of the Principal Act the following section is inserted:—

Special provisions as to married women who by reason of their marriage to aliens have acquired the nationality of their husbands.

“18a.—(1.) This section shall apply to every woman who at the time of her marriage to an alien, whether before or after the commencement of this section, was a British subject and who, by reason of her marriage, has acquired the nationality of her husband.

“(2.) Any woman to whom this section applies, whether her marriage is still continuing or not, may—

(a) in the case of a woman married to an alien before the commencement of this section, at any time within twelve months after the commencement of this section,

(b) in the case of a woman married to an alien after the commencement of this section, within twelve months after the date of her marriage, or

(c) in either case, at such later time as the Minister in special circumstances allows,

make a declaration in the prescribed form and manner that she desires to retain while in Australia or any Territory the rights of a British subject, and thereupon she shall, within Australia or any Territory, be entitled to all political and other rights, powers, and privileges, and be subject to all obligations, duties and liabilities, to which a natural-born British subject is entitled or subject.”.

Amendment of certificates

8. Section thirty-four of the Principal Act is amended by inserting in sub-section (1.) after the word “issued” the words “under this Act or”.

 

THE SCHEDULE.

 

AMENDMENTS TO THE PRINCIPAL ACT.

Section.

Amendment.

7

Omit “Governor-General” (wherever occurring), insert “Minister”.

8

Omit “Governor-General” (wherever occurring), insert “Minister”.

9

Omit “Governor General”, insert “Minister”.

10

Omit “Governor General” (wherever occurring), insert “Minister ”,

11

Omit “Governor General”, insert “ Minister”

12

Omit “Governor General” (wherever occurring in sub-sections (1.), (2.), (3.), (4.), (7) and (8.) ), insert “Minister”.

13

Omit “Governor General” (wherever occurring), insert “Minister”

18

Omit “Governor General”, insert “Minister”.

27

Omit “Governor General”, insert “Minister”.

28

Omit “Governor General”, insert “Minister”.

29

Omit “Governor General” (first occurring), insert “Minister”.

34

Omit “Governor General”, insert “Minister”.

 

Overview

The Nationality Act 1936, enacted in 1936, amends the existing Nationality Act 1920-1930 to address various issues related to the nationality of individuals, particularly married women, in the context of British subjects and aliens. This Act was passed by the Australian Parliament to update and refine the legal framework concerning nationality, ensuring it aligns with contemporary circumstances and international standards. The primary objective of the Act is to clarify the status of married women and their rights concerning British nationality, providing specific provisions for cases where a British subject marries an alien, or vice versa, and how such marriages affect their respective nationalities. The Act seeks to protect the rights of married women who might otherwise lose their British nationality through marriage alone, and to provide them with the means to retain their status if they so choose.

Scope and Application

The Nationality Act 1936 amends the Nationality Act 1920-1930 to update and refine the legal framework governing Australian nationality, particularly in relation to married women and their nationality status. This Act applies to individuals, specifically married women, who are British subjects or aliens, and to their spouses. It addresses the national status of married women and their rights and obligations concerning British nationality, both within Australia and its territories. The Act's amendments include vesting specific powers from the Secretary of State in the Minister and altering the nationality status of married women based on their husband's nationality changes. It also includes provisions for women married to aliens to declare their desire to retain British nationality under certain circumstances. The Act's provisions extend to all states and territories within the Commonwealth of Australia. Certain exclusions and exemptions are specified, particularly regarding women who acquire their husband's nationality through marriage, and provisions are made for special circumstances where extensions of time for declarations can be granted by the Minister. The Act can be further detailed and applied through subordinate instruments, which are not explicitly mentioned in the text but are a common feature in Australian legislation.

Key Provisions

The Nationality Act 1936, an amendment to the Nationality Act 1920-1930, introduces significant changes to the definition and status of British subjects and married women. Section 1 specifies the title of the Act and how it relates to the Principal Act. Section 3 details the amendments set out in the Schedule, while Section 4 removes the definition of "The Minister" from Section five of the Principal Act. Section 5 modifies Section seventeen to clarify the powers vested in the Minister regarding the exercise of powers under Part II of the British Act. Section 6 replaces Section eighteen of the Principal Act with provisions governing the national status of married women. Specifically, it outlines that a woman married to a British subject is deemed to be a British subject, whereas a woman married to an alien is deemed to be an alien, with certain exceptions and conditions for retaining British nationality. The Act imposes specific obligations and requirements on various parties. For instance, Section 6 stipulates that a woman who marries an alien remains a British subject unless she acquires her husband's nationality. It also allows women to declare their desire to retain British nationality under certain conditions, such as within a year of acquiring a new nationality through marriage. Section 18a further outlines the rights and obligations of married women who have acquired their husband's nationality, enabling them to declare their desire to retain British subject rights within Australia. Additionally, the Act mandates that certificates of naturalisation issued under this Act must be consistent with the provisions of the amended Act, as noted in Section 34. Failure to comply with the provisions of the Act can lead to various legal consequences. While the Act does not explicitly list offences, penalties, or civil/criminal consequences, non-compliance with the requirements for declaring nationality or other stipulations could potentially lead to administrative penalties or legal disputes. The Minister's authority to allow extensions or special circumstances suggests a degree of discretion in enforcing compliance, but specific penalties are not detailed within the text provided. It is likely that any breaches would be addressed under the general legal framework governing administrative compliance and nationality regulations in Australia.

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Nationality Law
Instrument
Act
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Commencement Provisions
Repeal & Amendment
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.