Nationality and Citizenship Act 1953

Legislation au C1953A00085 Not in force Act

Legislation content

NATIONALITY AND CITIZENSHIP.

 

No. 85 of 1953.

An Act to amend the Nationality and Citizenship Act 1948-1952.

[Assented to 11th December, 1953.]

[Date of commencement, 8th January, 1954.]

BE it enacted by the Queen’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 and Citizenship Act 1953.

(2.) The Nationality and Citizenship Act 1948-1952 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 and Citizenship Act 1948-1953.

Definitions.

2. Section five of the Principal Act is amended—

(a) by omitting from sub-section (1.) the definition of “Australia” and inserting in its stead the following definition:—

“‘Australia’ includes the Territories of the Commonwealth that are not trust territories;”; and

(b) by inserting in sub-section (1.), after the definition of “Territory”, the following definition:—

“‘the approved form’ means a form approved by the Minister;”.

Registration as Australian citizens.

3. Section twelve of the Principal Act is amended by omitting from sub-sections (2.) and (3.) the words “prescribed form” and inserting in their stead the words “approved form”.

Declaration intention to apply for naturalization.

4. Section fourteen of the Principal Act is amended by omitting from sub-section (2.) the words “prescribed form” and inserting in their stead the words “approved form”.

Citizenship by naturalization.

5. Section fifteen of the Principal Act is amended—

(a) by inserting after sub-section (2a.) the following sub-section:—

“(2b.) Where a person served as a member of a unit of the armed forces of a foreign country in the war that commenced on the third day of September, One thousand nine hundred and thirty-nine, or any other war in which Australia became engaged after that date and before the


second day of September, One thousand nine hundred and forty-five, his service as such a member for a period during which the unit was under the command of a person who—

(a) was a British subject; and

(b) was appointed to his command in pursuance of a joint decision of the Governments of two or more of the Allied Powers,

shall, for the purposes of sub-section (2.) of this section, be deemed to have been service under the Government of a country to which section seven of this Act applies.”;

(b) by omitting sub-section (3.) and inserting in its stead the following sub-section:—

“(3.) Notwithstanding anything contained in the preceding provisions of this Division, the Minister may, upon application in the approved form and if he considers that there are circumstances which justify his so doing, grant a certificate of naturalization as an Australian citizen to an alien or a protected person —

(a) who is not of full age; or

(b) who is of full age but, before becoming of full age—

(i) made the application under this subsection; or

(ii) made a declaration of intention to apply for the grant of a certificate of naturalization as an Australian citizen in accordance with sub-section (1.) of the last preceding section.”; and

(c) by omitting from sub-sections (4.) and (5.) the words “prescribed form” and inserting in their stead the words “approved form”.

Effect of naturalization.

6. Section sixteen of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-sections:—

“(1.) A person to whom a certificate of naturalization has been granted under this Division shall be an Australian citizen by naturalization—

(a) in the case of a person who has attained the age of sixteen years—as from the date upon which—

(i) he takes an oath of allegiance; or

(ii) in the case of a person who conscientiously objects to take an oath, he makes an affirmation of allegiance,

in the manner provided by this section and in accordance with the form contained in the Second Schedule to this Act; or

(b) in the case of a person who has not attained that age—as from the date upon which the certificate is granted.


“(1a.) An oath or affirmation of allegiance referred to in the last preceding sub-section shall—

(a) be taken or made before a Judge or Magistrate holding office under the law of the Commonwealth or of a State or Territory or before a person, or a person included in a class of persons, approved by the Minister; and

(b) if the Minister has made arrangements in pursuance of section forty-one of this Act for it to be taken or made in public, be taken or made in accordance with those arrangements, unless the Minister otherwise permits.”.

Transitional provisions.

7.—(1.) Section twenty-five of the Principal Act is amended by inserting after sub-section (4.) the following sub-section:—

“(4a.) In determining, for the purposes of paragraph (6) of the last preceding sub-section, whether a person would, but for his death, have become an Australian citizen under this section, it shall be assumed that if he had lived he would have continued to be ordinarily resident in the place where he was ordinarily resident immediately before his death, but that nothing else which could have affected his eligibility for Australian citizenship would have occurred between the date of his death and the date of commencement of this Act.”.

(2.) The amendment effected by the last preceding sub-section shall be deemed to have come into operation on the twenty-sixth day of January, One thousand nine hundred and forty-nine.

Certificate of registration or naturalization in case of doubt.

8. Section thirty-two of the Principal Act is amended by omitting from sub-section (1.) the words “prescribed form” and inserting in their stead the words “approved form”.

9. Section forty-one of the Principal Act is repealed and the following section inserted in its stead:—

formalities regarding oath or affirmation of allegiance.

“41. The Minister may make arrangements for the oath or affirmation of allegiance referred to in section sixteen of this Act to be taken or made in public and to be accompanied by proceedings designed to impress upon applicants the responsibilities and privileges of Australian citizenship.”.

Regulations.

10. Section fifty-three of the Principal Act is amended by inserting in paragraph (c) after the word “allegiance”, the words “and the making of an affirmation of allegiance”.

Second Schedule.

11. The Second Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—

 “SECOND SCHEDULE. Section 16.

Oath of Allegiance.

I, A .B., swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her heirs and successors according to law, and that I will faithfully observe the laws of Australia and fulfil my duties as an Australian citizen.

Affirmation of Allegiance.

I, A ,B., solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her heirs and successors according to law, and that I will faithfully observe the laws of Australia and fulfil my duties as an Australian citizen.”.

Overview

The Nationality and Citizenship Act 1953 was enacted to amend the existing provisions of the Nationality and Citizenship Act 1948-1952, thereby addressing gaps and updating the legislative framework concerning Australian citizenship. This Act was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of this legislation was to streamline the processes and definitions associated with Australian citizenship, including the introduction of a new approved form for various applications, adjustments in the criteria for naturalisation, and the establishment of formal procedures for oaths and affirmations of allegiance. The Act commenced on 8 January 1954, ensuring that the changes were effectively integrated into the existing legal system.

Scope and Application

The Nationality and Citizenship Act 1953 applies to individuals seeking to register as Australian citizens or to naturalise as Australian citizens. This Act amends the Principal Act, which is the Nationality and Citizenship Act 1948-1952, and its provisions apply across the Commonwealth of Australia. The Act outlines specific criteria and procedures for registration and naturalisation, including the requirement to use an approved form for applications and declarations of intention. Notably, it provides for the naturalisation of individuals who served in the armed forces of a foreign country during certain wars, under specific command conditions. The Act also details the formalities for taking an oath or making an affirmation of allegiance, which are necessary upon naturalisation. While the Act does not explicitly state exclusions or exemptions, it sets thresholds and conditions that applicants must meet to be eligible for citizenship. The Minister is empowered to make arrangements for the public taking of oaths or affirmations and to issue regulations regarding these formalities. This legislation thus governs the acquisition of Australian citizenship by defining the scope and procedures for both registration and naturalisation, and it ensures that all applicants adhere to the legal requirements specified within its provisions.

Key Provisions

The Nationality and Citizenship Act 1953 amends the 1948-1952 Act, introducing several changes to the legislative framework governing citizenship in Australia. Key provisions include the replacement of the term "prescribed form" with "approved form" for various applications and declarations (sections 3, 4, 5, 8). This change centralises the form approval process with the Minister. Additionally, the Act redefines "Australia" to include the Commonwealth Territories that are not trust territories (section 2(a)), and introduces the concept of an "approved form" for documentation purposes (section 2(b)). The Act also expands the criteria for naturalisation by recognising service in certain foreign armed forces during specified wars as service under an allied government (section 5(2b)). The Minister is granted discretion to naturalise aliens or protected persons who meet specific age or prior application criteria (section 5(3)). The effect of naturalisation is clarified, including the requirement for an oath or affirmation of allegiance for those who have attained the age of sixteen (section 6(1) and (1a)). Transitional provisions are included to address citizenship eligibility in cases where a person died before the Act's commencement (section 7(1)). Finally, the Act provides for the issuance of certificates of registration or naturalisation when there is doubt about citizenship (section 8) and allows the Minister to organise public ceremonies for oaths or affirmations of allegiance (section 41). The Act imposes several obligations on individuals seeking citizenship by naturalisation. They must complete and submit applications using the approved form (sections 3, 4, 5, 8). Those who have attained the age of sixteen must take an oath or make an affirmation of allegiance in the prescribed manner (section 6(1) and (1a)). Furthermore, any person who wishes to be naturalised under the special provisions of section 5(3) must meet the criteria regarding their age or prior declarations of intent (section 5(3)). Additionally, the Act requires that any doubt regarding a person's citizenship status be resolved through the issuance of a certificate of registration or naturalisation (section 8). The Minister is tasked with the responsibility of approving forms and making arrangements for public oaths or affirmations (sections 2(b), 41). The Act does not explicitly outline specific offences or penalties for breaches of its provisions. However, given the nature of the Act and its focus on the formalities and criteria for citizenship, non-compliance with the requirements for application forms, oaths, or affirmations could potentially lead to administrative or legal consequences. For example, submitting an application on an unapproved form could result in the application being rejected. Additionally, failure to take or make the required oath or affirmation could impact the grant of citizenship. While the Act does not specify penalties, breaches of the legislative requirements could result in administrative actions, such as denial of naturalisation or other citizenship-related benefits.

Legal classification tags

Area of Law
National Security Law
Instrument
Act
Concepts
Definitions & Interpretation
Transitional Provisions
Regulatory Standards
Reporting & Disclosure Obligations

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.