Nationality and Citizenship Act 1958

Legislation au C1958A00063 Not in force Act

Select Document

NATIONALITY AND CITIZENSHIP.

No. 63 of 1958.

An Act to amend the Nationality and Citizenship Act 1948–1955.

[Assented to 8th October, 1958.]

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 1958.

(2.) The Nationality and Citizenship Act 1948–1955 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 1948–1958.

Commencement.

2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) Section nine of this Act shall come into operation on the day on which Part II. of the Migration Act 1958 comes into operation.

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 Section four of the Principal Act is repealed and the following section inserted in its stead:—

Parts.

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

Part I.—Preliminary (Sections 1–6).

Part II.—British Nationality (Sections 7–9).

Part III.—Australian Citizenship.

Division 1.—Citizenship by Birth or Descent (Sections 10–11).

Division 2.—Citizenship by Registration (Sections 12–13).

Division 3.—Citizenship by Naturalization (Sections 14–16).

Division 4.—Loss of Citizenship (Sections 17–23b)

Part IV.—Transitional Provisions (Sections 24–30).

Part V.—Miscellaneous (Sections 32–53).”.

Interpretation.

4.—(1.) Section five of the Principal Act is amended—

(a) by omitting from sub-section (1.) the definition of “ protected person “;

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

“‘the Secretary’ means the Secretary to the Department of Immigration,”; and

“(3a.) For the purposes of this Act, a protected person is a person declared by the regulations to be, for the purposes of this Act, under the protection of the Australian Government or of the Government of a country, or of a part of a country, to which section seven of this Act applies.”.

(2.) A person who, immediately before the commencement of this section, was a protected person for the purposes of the Principal Act shall, by force of this sub-section, be deemed to be a protected person for the purposes of the Principal Act as amended by this Act until regulations for the purposes of sub-section (3a.) of section five of the Principal Act as so amended take effect.

British nationality by virtue of citizenship.

5. Section seven of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) The countries to which this section applies are—

(a) the United Kingdom and Colonies;

(b) Canada;

(d) the Union of South Africa;

(e) India;

(f) Pakistan;

(g) Ceylon;

(h) the Federation of Rhodesia and Nyasaland;

(i) Ghana;

(j) the Federation of Malaya,

and any other country declared by the regulations to be a country within the Commonwealth of Nations to which this section applies.”.

Loss of citizenship by residence outside Australia.

6. Section twenty of the Principal Act is repealed.

7. Sections twenty-one and twenty-two of the Principal Act are repealed and the following section is inserted in their stead:—

Deprivation of citizenship.

“21. Where—

(a) a person who is an Australian citizen by virtue of a certificate of registration or a certificate of naturalization has, whether before or after the commencement of this section, been convicted of an offence against section fifty of this Act in relation to the application for his certificate of registration or his certificate of naturalization; and

(b) the Minister is satisfied that it would be contrary to the public interest for the person to continue to be an Australian citizen,

the Minister may, by order, deprive the person of his Australian citizenship, and the person shall, upon the making of the order, cease to be an Australian citizen.”.

8. Section twenty-three of the Principal Act is repealed and the following sections are inserted in its stead:—

Children of persons who lose or are deprived of citizenship.

“23.—(1.) Where—

(a) the responsible parent or the guardian of a child not of full age ceases to be an Australian citizen under section seventeen, eighteen or nineteen of this Act; and

(b) that child is, under the law of a country outside Australia, a national or citizen of that country immediately after the time when his responsible parent or his guardian ceases to be an Australian citizen,

that child shall cease to be an Australian citizen from that time.

“(2.) Where a person is deprived of his Australian citizenship under section twenty-one of this Act, the Minister may, by order, direct that all or any of the children of whom that person is the responsible parent or the guardian and who are not of full age shall cease to be Australian citizens, and the children in respect of whom the order is made shall, upon the making of the order, cease to be Australian citizens.

Persons may resume citizenship lost under s. 20.

“23a.—(1.) A person who, under section twenty of the Nationality and Citizenship Act 1948–1955, ceased to be an Australian citizen may, within one year after the date of commencement of this section or the date on which he attains the age of twenty-one years, whichever is the later, or within such further period as the Minister, in special circumstances, allows, make and furnish to the Secretary a declaration in accordance with the prescribed form that he wishes to resume Australian citizenship.

“(2.) The Secretary shall register the declaration in the prescribed manner and, upon the registration of the declaration, the person making the declaration again becomes an Australian citizen.

Persons may resume citizenship lost under s. 23.

“23b.—(1.) A person who, under section twenty-three of this Act, has ceased or ceases to be an Australian citizen may, within one year after attaining the age of twenty-one years or within such further period as the Minister, in special circumstances, allows, make and furnish to the Secretary a declaration in accordance with the prescribed form that he wishes to resume Australian citizenship.

“(2.) The Secretary shall register the declaration in the prescribed manner and, upon the registration of the declaration, the person making the declaration again becomes an Australian citizen.”.

Transitional provisions.

9. Section twenty-five of the Principal Act is amended by omitting sub-section (7.) and inserting in its stead the following sub-section:—

“(7.) A person who enters Australia after the commencement of Part II. of the Migration Act 1958 and, at the time of his entry, is—

(a) a prohibited immigrant within the meaning of that Act; or

(b) the holder, within the meaning of that Act, of a temporary entry permit granted under that Act,

shall not become an Australian citizen under this section.”.

Citizenship of children who cease to be British subjects on loss of British nationality of parent.

10. Section thirty of the Principal Act is amended—

(a) by omitting from sub-section (2.) the words “ a declaration in the prescribed manner,” and inserting in their stead the words “ and furnishes to the Secretary a declaration in accordance with the prescribed form”; and

(b) by omitting from sub-section (2.) the word “ Minister “(second occurring) and inserting in its stead the word “ Secretary”.

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

False representations, &c.

“50.—(1.) A person shall not, for a purpose of or in relation to this Act—

(a) make, or cause or permit to be made, a representation which is, to his knowledge, false or a statement which is, to his knowledge, false in a material particular; or

(b) conceal, or cause or permit to be concealed, a material circumstance.

Penalty : One hundred pounds or imprisonment for three months.

“(2.) A prosecution for an offence against the last preceding sub-section may be commenced at any time within ten years after the commission of the offence.”.

Overview

The Nationality and Citizenship Act 1958, enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, is an amendment to the 1948–1955 version. The Act addresses gaps in the previous legislation, including the need to clarify definitions, update the list of countries to which the Act applies, and provide mechanisms for the loss and resumption of citizenship. It aims to streamline the process of citizenship by birth, descent, registration, and naturalisation, while also providing for the loss of citizenship under specific circumstances, such as fraudulent applications or public interest considerations. The policy objective of the Act is to ensure that the nationality and citizenship laws reflect the evolving social and political landscape of Australia and its relationship with other Commonwealth nations. The Act introduces a new definition for "protected person," clarifies the countries to which the Act applies, and establishes provisions for the loss of citizenship by residence outside Australia and the deprivation of citizenship in cases of fraud or public interest. It also provides for the resumption of citizenship for individuals who have lost it under certain conditions. The Act further includes provisions for the citizenship of children affected by the loss of British nationality of their parents and updates the penalties for false representations and concealment of material circumstances in relation to citizenship applications.

Scope and Application

The Nationality and Citizenship Act 1958, which amends the Nationality and Citizenship Act 1948–1955, pertains to individuals and entities concerning Australian citizenship, including those born or descended from Australian citizens, those eligible for citizenship by registration or naturalisation, and those subject to loss of citizenship. The Act applies nationally across the Commonwealth of Australia. It includes provisions for the acquisition of citizenship by birth or descent, registration, naturalisation, and the loss of citizenship, along with transitional provisions. The Act also sets out conditions for the deprivation of citizenship and the status of children when parents lose or are deprived of their citizenship. It does not specify exclusions, exemptions, or thresholds; however, it does provide for the resumption of citizenship under certain conditions. The application and scope of the Act can be further defined and extended through subordinate instruments, such as regulations.

Key Provisions

The Nationality and Citizenship Act 1958 introduces several significant amendments to the existing legislation, primarily focusing on British nationality, Australian citizenship, and transitional provisions. Firstly, Section 4 reorganises the Act into distinct Parts: Preliminary, British Nationality, Australian Citizenship, Transitional Provisions, and Miscellaneous. The definition of a "protected person" is altered in Section 5, and the scope of British nationality by virtue of citizenship is expanded in Section 5, now including additional countries like India, Pakistan, and others as declared by regulations. Under the Act, various obligations are placed on individuals and entities. For instance, Section 7 outlines the countries to which British nationality provisions apply, while Section 10 details the citizenship status of children born to parents who lose British nationality. Additionally, Section 23a and Section 23b provide pathways for individuals who lost their Australian citizenship under certain sections of the Act to resume their citizenship by making a declaration within specified timeframes. The Act also imposes specific consequences for non-compliance. Section 50 introduces penalties for making false representations or concealing material circumstances related to applications for citizenship or registration, with offences carrying a penalty of up to one hundred pounds or imprisonment for three months. Prosecution for these offences can be initiated within ten years from the date of the offence. Furthermore, Section 21 allows the Minister to deprive an Australian citizen of their citizenship if they have been convicted of an offence under Section 50 and it is deemed contrary to the public interest for them to retain their citizenship. This provision underscores the seriousness with which the Act treats fraudulent activities related to citizenship applications.

Area of Law: National Security Law; Immigration & Refugee Law; Administrative Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Offence Provisions; Transitional Provisions

Interactions

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.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions