Naturalization Regulations 1920

Legislation au C1921L00022 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1921. No. 22.

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REGULATION UNDER THE NATIONALITY ACT 1920.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council hereby make the following Regulations under the Nationality Act 1920, to come into operation forthwith.

Dated this twentieth day of January, 1921.

FORSTER,

Governor-General.

By His Excellency’s Command,

A. POYNTON,

Minister of State for Home and Territories.

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Naturalization Regulations 1920.

Short title.

1. These Regulation may be cited as the Naturalization Regulations 1920.

Definition.

2. In these Regulation, unless the contrary intention appears—

“The Act” means the Nationality Act 1920.

3. An applicant for a certificate of naturalization shall state in the statutory declaration forwarded in support of his application the following information in addition to that required under section 25 of the Nationality Act 1920:—

(a) his height, the colour of his hair and eyes, and any physical peculiarities; and

(b) the place where and the name of the person by whom employed at the time of application, and the length of the period during which he has been employed in his present employment; and

(c) the nationality of his parents, and the nationality of his wife (if any) prior to marriage; and

(d) the full names and ages of his wife and children and their birthplaces and places of residence at the date of the application.

4. Any person who intends to apply for a certificate of naturalization shall advertise, in two newspapers which are published in the State and circulated in the district in which he resides, his intention so to apply.

5. Upon application, at any time after he has attained the age of twenty-one years, by any person who is naturalized by virtue of the provisions of section 10 of the Nationality Act 1920, the Minister may grant to the applicant a certificate to that effect.

6. Any person may, on application at the office of the Home and Territories Department, 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.


7. Certified copies of any certificate of naturalization so recorded may be obtained by any person from the Home and Territories Department on payment of a fee of Two shillings and sixpence for each certified copy.

Applications under s.8 of the Act.

8. (1) An applicant for a certificate of naturalization under section 8 of the Act to whom a certificate of naturalization has been issued under the Naturalization Act 1903-1917 or under any State Act shall furnish to the Minister—

(a) the certificate of naturalization issued to him; and

(b) his own statutory declaration stating—

(i) he is the person named in the certificate of naturalization; and

(ii )the certificate of naturalization has not been revoked and

(iii) where he has lived during the past 8 (eight) years.

(c) Certificate from a Judge, Magistrate, Justice of the Peace, or Police Officer that the applicant is known to him and is of good character, and has an adequate knowledge of the English language.

(2) An applicant for a certificate of naturalization under section 8 of the Act who has been naturalized by virtue of a certificate of naturalization issued to his father or mother under the Naturalization Act 1903-1917, or under any State Act shall, in addition to compliant with the provisions of section 25 (sub-section (i)) of the Act, furnish to the Minister—

(a) a copy of the certificate of naturalization issued to his father or mother, as the case may be; and

(b) his own statutory declaration stating that—

(i) the person named in the certificate is or was his father or mother; and

(ii) he has not ceased to be a British subject by virtue of a declaration of the Governor-General on the revocation of the certificate of his father or mother or by virtue of his own declaration of alienage.

(c) Certificate from a Judge, Magistrate, Justice of the Peace or Police Officer that the applicant is known to him and is of good character, and has an adequate knowledge of the English language.

Renunciation of prior allegiance.

9. (1) All applicant for a certificate of naturalization, other than an applicant under section 8 of the Act, shall, before taking the oath of allegiance as required by sub-section (4) of section 7 of the Act, renounce before a Justice of the High Court, a Judge of the Court of a State or Territory, or a Police, Stipendiary or Special Magistrate, his allegiance to the country of which he was at the time of making his application a subject.

(2) The applicant shall furnish to the Minister a certificate of the Justice, Judge, or Magistrate, as the case may be, that the applicant has before him renounced such allegiance.

 

 

 

 

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Naturalization Regulations 1920 were enacted to provide detailed procedures for the application and administration of naturalisation under the Nationality Act 1920. These regulations were introduced by the Parliament of Australia to streamline and formalise the process of naturalisation, ensuring consistency and comprehensiveness in handling applications for Australian citizenship. The primary objective of these regulations is to establish clear guidelines and requirements that applicants must meet, including the provision of personal and employment details, and the renunciation of prior allegiances, while also ensuring that the application process is transparent and accessible to the public. The regulations facilitate the orderly administration of naturalisation by specifying the information required from applicants, the process for advertising an intention to apply, and the conditions under which certificates of naturalisation may be granted or revoked.

Scope and Application

The Naturalization Regulations 1920 apply to individuals seeking a certificate of naturalization under the Nationality Act 1920. This Act governs the process and requirements for individuals to become naturalised Australian citizens, including those who were previously naturalised under the Naturalization Act 1903-1917 or under any State Act. The regulations extend to the Commonwealth and are applicable nationwide, governing the conduct and transactions necessary to obtain a certificate of naturalization. The regulations detail specific information that applicants must provide, such as physical attributes, employment details, and family information, alongside requirements for advertising one's intention to apply for naturalization in local newspapers. Additionally, applicants must obtain a certificate of good character from a recognised authority. The regulations also cover the procedures for renunciation of prior allegiance to another country before taking the oath of allegiance, and they outline the processes for searching and obtaining certified copies of naturalization certificates. This set of regulations thus comprehensively governs the application process for naturalisation in Australia under the relevant Act.

Key Provisions

The Naturalization Regulations 1920 detail specific requirements for applicants seeking naturalisation under the Nationality Act 1920. For instance, applicants must provide a comprehensive statutory declaration that includes their physical attributes, employment details, and family information (Regulation 3). Additionally, prospective applicants must advertise their intention to apply for naturalisation in two local newspapers (Regulation 4). The regulations also outline the process for obtaining a certificate of naturalisation, including the necessary documents and declarations from credible sources such as judges, magistrates, or police officers (Regulations 8 and 9). These regulations impose various obligations on applicants for naturalisation. Firstly, they must submit a detailed statutory declaration that includes personal and employment information, along with their family details and the nationality of their parents and spouse (Regulation 3). Additionally, applicants must publicly advertise their intention to apply for naturalisation in local newspapers (Regulation 4). Furthermore, those who have previously been naturalised under different legislation must provide prior certificates of naturalisation and a declaration from a credible source attesting to their good character and proficiency in English (Regulation 8). Non-compliance with the Naturalization Regulations 1920 can lead to legal consequences. While the regulations themselves do not explicitly state penalties, breaches of the underlying Nationality Act 1920 may incur penalties under Australian law. For instance, providing false information in an application could lead to criminal charges under section 26 of the Act, which carries a penalty of imprisonment for up to two years. Additionally, failing to renounce prior allegiance as required by Regulation 9 could be viewed as non-compliance with the Act, potentially leading to legal repercussions.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Renunciation of prior allegiance

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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.