Nationality and Citizenship Act 1959

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NATIONALITY AND CITIZENSHIP.

No. 79 of 1959.

An Act to amend the Nationality and Citizenship Act 1948–1958.

[Assented to 1st December, 1959.]

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 1959.

(2.) The Nationality and Citizenship Act 1948–1958 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 1948–1959.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

British nationality by virtue of citizenship.

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

“(j) the Federation of Malaya;

“(k) the State of Singapore,”.

Citizenship by descent.

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

(a) by omitting from sub-section (1.) the words “Subject to this section, a person” and inserting in their stead the words “A person”; and

(b) by omitting sub-section (2.).

(2.) The repeal of sub-section (2.) of section eleven of the Principal Act has effect in relation to persons born before the date of commencement of this Act as well as in relation to persons born on or after that date, but does not operate so as to make a person to whom that sub-section applied an Australian citizen by virtue of any registration, or purported registration, of his birth at an Australian consulate before that date.

Citizenship by naturalization.

5. Section fifteen of the Principal Act is amended by omitting sub-section (5.).

Cancellation of certificates, returns of certificates, &c.

6. Section forty-two of the Principal Act is amended—

(a) by omitting paragraphs (a), (b) and (c) and inserting in their stead the following paragraphs:—

“(a) cancel all certificates of registration and certificates of naturalization the holders of which have been deprived of Australian citizenship;

“(b) cause to be made indexes of certificates of registration and of certificates of naturalization;”; and

(b) by omitting from paragraph (d) the words “persons to whom certificates of registration and certificates of naturalization have been granted” and inserting in their stead the words “persons who have, in the year ending on that thirtieth day of June, become Australian citizens by reason of the grant of certificates of registration and certificates of naturalization”.

Definition of certificate of naturalization for certain purposes.

7. Section forty-five of the Principal Act is amended by omitting the word “four” and inserting in its stead the word “five”.

Issue and proof of certificates of naturalization, &c.

8. Section forty-six of the Principal Act is amended by omitting sub-section (3.).

9. After section forty-six of the Principal Act the following section is inserted:—

Evidentiary certificates.

“46a.—(1.) Where a person—

(a) applies to the Secretary for an evidentiary certificate in relation to a certificate of registration or a certificate of naturalization that has at any time been granted to a person specified in the application;

(b) furnishes sufficient information to enable the Secretary to identify the official records relating to the grant of the certificate of registration or certificate of naturalization; and

the Secretary shall cause an authorized officer to issue to the applicant, so far as official records permit, an evidentiary certificate, in accordance with this section, in relation to the certificate of registration or certificate of naturalization.

“(2.) Subject to sub-section (5.) of this section, an evidentiary certificate under this section shall—

(a) certify that a certificate of registration or a certificate of naturalization was, on the date and under the law specified in the evidentiary certificate, granted to the person whose name is specified in the evidentiary certificate;

(b) where the name of any other person was included in the certificate of registration or certificate of naturalization, certify accordingly;

(c) contain such further particulars as appear from official records to have been contained in the certificate of registration or certificate of naturalization, and certify that, according to official records, it appears that the certificate of registration or certificate of naturalization included those particulars; and

(d) where, in the case of an evidentiary certificate relating to a certificate of naturalization, it is appropriate to do so, certify that official records show that the person to whom the certificate of naturalization was granted duly took an oath, or made an affirmation, of allegiance, on a specified date, in accordance with the law under which that certificate was granted.

“(3.) An authorized officer may include in an evidentiary certificate issued under this section a statement, in accordance with official records, relating to any amendment or cancellation of the certificate of registration or certificate of naturalization,

or the making or registration of any order or declaration, either under this Act or a previous law of the Commonwealth, affecting the nationality or citizenship of a person referred to in the certificate of registration or certificate of naturalization.

“(4.) An evidentiary certificate under this section is evidence—

(a) of the matters certified in accordance with paragraphs (a) and (b) of sub-section (2.) of this section;

(b) of the fact that the particulars set out in accordance with paragraph (c) of sub-section (2.) of this section were contained in the certificate of registration or certificate of naturalization;

(c) of any matter certified in accordance with paragraph (d) of sub-section (2.) of this section and of the correctness of the official records relating to the oath or affirmation; and

(d) of any matter stated in the certificate in accordance with sub-section (3.) of this section.

“(5.) Particulars referred to in paragraph (c) of sub-section (2.) of this section, other than particulars relating to the former nationality or citizenship of the person to whom the certificate of registration or certificate of naturalization was granted, shall not be included in an evidentiary certificate under this section unless the authorized officer is satisfied that—

(a) the evidentiary certificate is required by the person to whom the certificate of registration or certificate of naturalization was granted, or a person whose name was included in the certificate of registration or certificate of naturalization;

(b) the evidentiary certificate is required for the purpose of pending legal proceedings in which evidence of the grant of the certificate of registration or certificate of naturalization will be relevant and the inclusion of those particulars is necessary for the purpose of those proceedings; or

“(6.) An order under this Act may be proved in legal proceedings by the production of a copy of the order, together with a certificate signed by an authorized officer certifying the copy to be a true copy.

“(7.) An evidentiary certificate under this section or a certificate under the last preceding sub-section is admissible in evidence in legal proceedings without proof of the signature of the person signing it or of the fact that he was an authorized officer.

“(8.) In this section, ‘authorized officer’ means an officer authorized by the Secretary to issue certificates under this section.”.

Amendment of certificates.

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

“(2.) A certificate that has been amended in pursuance of this section shall be of effect as so amended.”.

Overview

The Nationality and Citizenship Act 1959, enacted by the Parliament of Australia, amends the existing Nationality and Citizenship Act 1948–1958 to address certain gaps in citizenship and nationality laws. This Act introduces changes such as updating the list of territories for British nationality by virtue of citizenship, altering the criteria for citizenship by descent, removing provisions for the cancellation of certain certificates, and introducing new provisions for evidentiary certificates. The policy objective behind these amendments appears to be the refinement and updating of citizenship laws to better align with contemporary geopolitical realities and administrative needs. The Act also aims to streamline the processes related to citizenship documentation, such as the issuance and proof of evidentiary certificates, and the amendment of certificates of registration and naturalization.

Scope and Application

The Nationality and Citizenship Act 1959 amends the Nationality and Citizenship Act 1948–1958, which applies to the acquisition, loss, and restoration of Australian citizenship. This Act applies to individuals who were British subjects by virtue of Australian citizenship, those born in specific territories such as the Federation of Malaya and the State of Singapore, and individuals who are granted Australian citizenship by descent or naturalisation. The Act's amendments are effective for both individuals born before and after the commencement of the Act, but do not retroactively grant citizenship to those whose birth registrations were processed before the Act came into force. The Act applies nationally across Australia and is enforced by the Commonwealth government. The Act includes provisions for the cancellation of certificates, indexing of certificates, and the issuance of evidentiary certificates for those who have been granted certificates of registration or naturalisation. There are no stated exclusions or exemptions within the text of the Act itself, though it does allow for the issuance of evidentiary certificates under certain conditions, which may effectively restrict the dissemination of specific details unless necessary. The Act extends its application through subordinate instruments, particularly in the administration and enforcement of its provisions.

Key Provisions

The Nationality and Citizenship Act 1959 amends the existing Nationality and Citizenship Act 1948-1958 (referred to as the Principal Act), incorporating changes that come into effect upon the Act receiving Royal Assent. Section 3 of the Act modifies the definition of British nationality by removing references to the Federation of Malaya and inserting references to the Federation of Malaya and the State of Singapore, effectively updating the geographical scope of British nationality under the Act. Section 4 alters the citizenship by descent provision by simplifying the language and removing subsection (2), which previously detailed specific circumstances under which a person would not be considered a citizen by descent. These changes apply retroactively to individuals born before the Act's commencement, excluding those whose birth registrations were made at Australian consulates prior to the Act's commencement. The Act imposes several obligations on the relevant authorities and individuals. Section 6(a) requires the cancellation of certificates of registration and naturalization for individuals who have been deprived of Australian citizenship. Additionally, it mandates the creation of indexes of these certificates, focusing on those granted to individuals who became Australian citizens within the specified fiscal year. Section 7 updates the definition of a certificate of naturalization for specific purposes, increasing the required period of residence before naturalization from four to five years. Section 8 removes subsection (3) of section 46, which previously dealt with the issue and proof of certificates of naturalization, thereby streamlining the process. Section 46a introduces evidentiary certificates, which are to be issued by authorized officers upon application by a person who meets certain criteria, including providing sufficient information and paying the prescribed fee. These certificates serve as evidence of the grant of a certificate of registration or naturalization and other relevant details. The inclusion of particulars in these certificates is subject to specific conditions, such as the necessity for legal proceedings or other special circumstances. Section 10 amends section 47 to clarify that amended certificates are effective as amended, ensuring that any modifications to the certificates are legally recognised. Failure to comply with the provisions of the Act may result in various consequences. Although specific penalties are not detailed within the provided sections, breaches of the Act could potentially lead to administrative actions such as the cancellation of citizenship or certificates, as outlined in section 6. Additionally, producing false or misleading certificates could result in legal penalties under Australian law, given the evidentiary nature of the certificates as stipulated in section 46a. These potential consequences underscore the importance of adhering to the Act's requirements for both authorities and individuals.

Area of Law: Citizenship Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; Reporting & Disclosure Obligations; Enforcement Powers

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.

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