NATURALIZATION.
No. 25 of 1917.
An Act to amend the Naturalization Act 1903.
[Assented to 20th September, 1917.]
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 Naturalization Act 1917.
(2.) The Naturalization Act 1903 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Naturalization Act 1903-1917.
Amendment of section 3.
2. Section three of the Principal Act is amended by omitting from the definition, of “The Minister” the words “External Affairs” and inserting in their stead the words “Home and Territories”.
3. Section four of the Principal Act is repealed and the following section inserted in its stead:—
Person naturalized in a State deemed to be naturalized.
“4. A person who was before the passing of this Act naturalized in a State or in a Colony which has become a State shall be deemed to be naturalized.”
4. Section six of the Principal Act is repealed and the following sections inserted in its stead:—
Evidence in support of application.
“6.—(1.) An applicant under paragraph (a) of the preceding section shall produce in support of his application his own statutory declaration stating his name, age, birthplace, occupation and residence, the length of his residence, in Australia, and such other particulars as are prescribed, and that he intends to settle in the Commonwealth.
“(2.) An applicant under paragraph (b) of the preceding section shall produce in support of his application—
(a) his certificate or letters of naturalization; and
(b) his own statutory declaration that he is the person named in the certificate or letters, that he obtained the certificate or letters without any fraud or intentional false statement, that the signature and seal (if any) thereto are to the best of his knowledge and belief genuine, and such other particulars as are prescribed, and that he intends to settle in the Commonwealth.
“(3.) In addition to compliance with the preceding provisions of this section an applicant shall—
(a) advertise in the manner prescribed his intention to seek naturalization and produce to the Minister newspapers containing copies of the prescribed advertisement;
(b) produce certificates of character from three natural-born British subjects, two of whom are householders and one of whom is a justice of the peace, a postmaster, a teacher of a State school or an officer of police; and
(c) satisfy the Minister that he is able to read and write English.
Representations to Minister with regard to any person who has applied for naturalization.
“6a.—(1.) Any person may make representations to the Minister with regard to any person who has…
Overview
The Naturalization Act 1917, assented to on the 20th of September, 1917, was enacted by the Parliament of the Commonwealth of Australia to amend the Naturalization Act 1903. This Act primarily sought to address the complexities and inefficiencies in the naturalization process that existed under the previous legislation. It streamlined the application process, introduced new requirements for evidence and certification, and refined the conditions under which naturalization could be granted or revoked. The policy objective was to ensure that the naturalization process was conducted with due diligence, maintaining the integrity of the citizenship framework while facilitating the integration of eligible individuals into Australian society.
The Act introduced significant changes such as the requirement for applicants to advertise their intention to seek naturalization and present certificates of character, as well as allowing for the submission of representations regarding applicants. Furthermore, it established a more stringent process for the Governor-General to grant or withhold naturalization certificates, ensuring that all applicants met the necessary criteria and standards. Additionally, the Act clarified the status of children born to naturalized individuals, ensuring they inherited the rights and privileges of their parents under specific conditions.
Scope and Application
The Naturalization Act 1917, which amends the Naturalization Act 1903, applies to individuals who seek to be naturalized as British subjects within the Commonwealth of Australia. The Act specifically targets applicants who have resided in Australia and those who have been naturalized in a state or former colony. It establishes the procedural requirements for such applicants, including statutory declarations and certificates of character, and sets out the process by which the Governor-General may grant or withhold a certificate of naturalization. The Act also addresses the status of children born to naturalized parents and outlines the circumstances under which a certificate of naturalization may be revoked. The geographic scope of this legislation is national, applying across the Commonwealth of Australia. The Act's provisions are enforced through subordinate instruments, which may further detail the application process and specific requirements for naturalization.
Key Provisions
- The Naturalization Act 1917 (C1917A00025) primarily modifies the Naturalization Act 1903. The Act includes several key sections that specify the requirements and processes for naturalization. Under section 4, a person who was naturalized in a State or in a Colony that has become a State before the Act's enactment is deemed to be naturalized in the Commonwealth. Section 6 outlines the evidence required for an application for naturalisation, including statutory declarations, certificates of naturalisation, and advertisements of the applicant's intention to seek naturalisation. Additionally, applicants must provide certificates of character from specific individuals and demonstrate their ability to read and write English. Section 6a allows any person to make representations to the Minister regarding an applicant's suitability for naturalisation, which must be submitted as a statutory declaration and are confidential except in cases of perjury prosecution.
- The Act imposes several obligations on applicants for naturalisation. Applicants must produce a statutory declaration with specific details such as name, age, birthplace, occupation, and length of residence in Australia (section 6(1)). They must also advertise their intention to seek naturalisation and provide newspapers containing copies of the prescribed advertisement to the Minister. Additionally, applicants need to obtain certificates of character from three natural-born British subjects, two of whom must be householders and one of whom must be a justice of the peace, a postmaster, a teacher of a State school, or an officer of police (section 6(3)). They must also satisfy the Minister that they can read and write English.
- The Act includes provisions for offences, penalties, and consequences for breach. Section 7 provides that the Governor-General may grant or withhold a certificate of naturalisation based on the public good. Section 11 outlines circumstances under which a certificate of naturalisation may be revoked, such as obtaining the certificate through an untrue statement of fact or intention, or if the Governor-General deems it desirable for any other reason. If a certificate is revoked, the Governor-General may declare that the person’s wife and minor children cease to be British subjects and become aliens, although they have the option to declare alienage themselves within specified timeframes.
- Area of Law
- Immigration & Refugee Law
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- Repeal & Amendment
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