STATUTORY RULES.
1916. No. 104.
PROVISIONAL REGULATIONS UNDER THE NATURALIZATION ACT 1903.
I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies, in the Commonwealth of Australia, acting as the Deputy of the Governor-General, in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Naturalization Act 1903 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this twenty-fourth day of May, One thousand nine hundred and sixteen.
A. L. STANLEY,
Deputy of the Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
for Minister for External Affairs.
Naturalization Regulations 1916.
Short Title.
1. These Regulations may be cited as the “Naturalization Regulations 1916.”
Fee for Search.
2. Any person may, on application at the office of the Department of External Affairs, have a search made in any records of certificates of naturalization in its custody upon payment of a fee of Two shillings and sixpence for each search.
Fee for Certified Copy.
3. Certified copies of any certificate of naturalization recorded in the Department of External Affairs may be obtained by any person on payment of a fee of Two shillings and sixpence for each certified copy.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.6151.—Price 3d.
Overview
The Naturalization Regulations 1916 were enacted to provide detailed rules for the implementation of the Naturalization Act 1903, addressing the need for a systematic approach to the administration of naturalisation in Australia. These regulations were introduced by the Governor of the State of Victoria and its Dependencies, acting as the Deputy of the Governor-General, in consultation with the Federal Executive Council, due to the urgency of establishing a regulatory framework to govern naturalisation processes. The policy objective was to facilitate efficient and orderly procedures for the naturalisation of individuals, ensuring that all relevant records and processes were properly managed and accessible. The regulations outline specific fees for searches and certified copies of naturalisation certificates, thereby establishing a clear and consistent method for accessing these records.
Scope and Application
The Naturalization Regulations 1916, established under the authority of the Naturalization Act 1903, pertain to the procedures and fees associated with naturalisation in Australia. These regulations apply to any person seeking to undergo a search or obtain a certified copy of a naturalisation certificate from the Department of External Affairs. The scope of the Act is limited to the administrative processes and fees for searches and certified copies of naturalisation certificates, and does not extend to the substantive aspects of naturalisation eligibility or the application process itself. The regulations operate on a Commonwealth level, as they are issued under the authority of the Governor-General's Deputy for the State of Victoria in the Commonwealth of Australia. No exclusions or exemptions are explicitly stated within the text of the regulations, which remain in force unless altered by subsequent legislation or regulations. The application and interpretation of these regulations may be further refined or extended by subordinate instruments as required.
Key Provisions
The Naturalization Regulations 1916, as stated in section 1, are a set of rules enacted under the Naturalization Act 1903. These regulations serve to provide further details and operational instructions on the process of naturalization in Australia. According to section 2, any person may request a search of the naturalization certificates held by the Department of External Affairs, provided they pay a fee of Two shillings and sixpence for each search. Similarly, section 3 states that certified copies of any naturalization certificates held by the Department of External Affairs can be obtained by any person upon payment of the same fee of Two shillings and sixpence for each certified copy.
The obligations imposed by these regulations primarily concern the Department of External Affairs, which is responsible for maintaining records of naturalization certificates and providing access to these records upon request and payment of the stipulated fee. The department must ensure that the records are accurately maintained and that searches and certified copies are provided within the terms of the regulations.
There are no explicit offences, penalties, or consequences for breach detailed within the Naturalization Regulations 1916. The regulations focus primarily on administrative processes and fees for accessing records rather than punitive measures. However, it can be inferred that failure to comply with the fee payment requirements or the department's inability to provide timely searches or certified copies could lead to administrative or procedural consequences. Nonetheless, the regulations themselves do not specify any criminal or civil penalties for such non-compliance.