Naturalization Regulations (Amendment)

Legislation au C1947L00009 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1947. No. 9.

 

REGULATIONS UNDER THE NATIONALITY ACT 1920-1946.*

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 1920-1946.

Dated this fifteenth day of January, 1947.

HENRY

Governor-General.

By His Royal Highness’s Command,

ARTHUR CALWELL

Minister of State for Immigration.

 

Amendments of the Naturalization Regulations.

Notification of intention to apply for naturalization.

1. Regulation 6 of the Naturalization Regulations is amended—

(a) by inserting in sub-regulation (2.), after the word “Island”, the words “or the Territory of New Guinea”; and

(b) by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) Any person in the Territory of New Guinea who intends to apply for a certificate of naturalization shall advertise, in the Government Gazette of the Territory, his intention so to apply.”.

Form of certifícate of naturalization.

2. Regulation 11 of the Naturalization Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) A certificate of naturalization granted under the Act shall be in accordance with such one of the Forms A, A(N.G.), B, C, C(N.G.), D, D(N.G.) or E, as the case requires.”.

* Notified in the Commonwealth Gazette on 20th January, 1947.

† Statutory Rules 1937, No. 33, as amended by Statutory Rules 1938, No. 103; 1940, No. 69; 1942, No. 382; 1943, No. 158; and 1945, Nos. 55 and 98

257.—Price 3d.


First Schedule.

3. The First Schedule is amended—

(a) by inserting after Form A the following Form:—

[Form of Certificate of Naturalization to be granted under Section 7 of the Act to a person in the Territory of New Guinea.]

Form A (N.G.)

Sec. 7.

Commonwealth of Australia.

CERTIFICATE OF NATURALIZATION.

Whereas the Commonwealth Nationality Act 1920-1946 provides that the said Act shall extend to the Territory of New Guinea:

And whereas    has applied for a Certificate of Naturalization, alleging with respect to himself (herself) the particulars set out on the back hereof, and has satisfied me that he (she) has fulfilled the conditions laid down in the said Act for the grant of a Certificate of Naturalization:

And whereas the said     (has formally renounced his (her) allegiance to the                                                        ) and has sworn allegiance to His Majesty King George VI., his heirs and successors:

Now therefore I, the Minister of State for Immigration, hereby grant, in pursuance of the said Nationality Act, to the said                                                        this Certificate of Naturalization, whereby, subject to the provisions of the said Act, and of any other law affecting the rights of naturalized persons, the said                                                        whilst in Australia, the Territory of New Guinea or any other Territory of the Commonwealth, becomes entitled to all political and other rights, powers and privileges, becomes subject to all obligations, duties and liabilities to which a natural-born British subject is entitled or subject and, as from the date of these presents, has to all intents and purposes the status of a natural-born British subject.

Dated this   day of     One thousand nine hundred and                                                                                                   Minister of State for Immigration.

 

Enrolled as of Record by filing of duplicate in Register of Naturalization Certificates Vol. A (N.G.) page           .

Secretary,

Department of Immigration

[Back of Form.]

Particulars Relating to Applicant.

Full name

Address

Age

Occupation

Place and date of birth

Nationality

Single, married, &c.

Name of wife or husband

Height

Colour of eyes

Colour of hair

Any special marks or peculiarities

Specimen signature of applicant.

Children Included in Certificate.

The names of the following minor children of the said      have been included in this Certificate of Naturalization in pursuance of section ten of the Nationality Act 1920-1946:—

Name of child. Date of birth.

Minister of State for Immigration.

Dated this    day of                     One thousand nine hundred and


(b) by inserting after Form C the following Form:—

[Form of Certificate of Naturalization granted to a person in the Territory of New Guinea with respect to whose nationality as a British subject a doubt exists.]

Form C (N.G.)

Sec. 9.

Commonwealth of Australia.

CERTIFICATE OF NATURALIZATION.

Whereas the Commonwealth Nationality Act 1920-1946 provides that the said Act shall extend to the Territory of New Guinea:

And whereas     with respect to whose nationality as a British subject a doubt exists, has applied for such a special certificate of naturalization as is provided for in section nine of the said Nationality Act, alleging with respect to himself (herself) the particulars set out in the margin hereof:

And whereas the said     has sworn allegiance to His Majesty King George VI., his heirs and successors:

And whereas I am satisfied that such a certificate may properly be granted to the said

Now therefore I, the Minister of State for Immigration, for the purpose of quieting doubts as to the right of the said                                                         to be a British subject, hereby grant, in pursuance of the said Nationality Act, to the said                                                                      this special certificate of naturalization whereby, subject to the provisions of the abovementioned Act, and of any other law affecting the rights of naturalized persons, the said                                                          ,              whilst in Australia, the Territory of New Guinea, or any other Territory of the Commonwealth, becomes entitled to all political and other rights, powers and privileges, becomes subject to all obligations, duties and liabilities to which a natural-born British subject is entitled or subject and, as from the date of these presents, has to all intents and purposes the status of a natural-born British subject.

Dated this            day of                                                                                    ,              One thousand nine hundred and

Minister of State for Immigration.

 

[Back of Form.]

Particulars Relating to Applicant.

Full name

Address

Age

Occupation

Place and date of birth

Nationality

Single, married, &c.

Name of wife or husband

Height

Colour of eyes

Colour of hair

Any special marks or peculiarities.

Specimen signature of applicant.

(c) by inserting after Form D the following Form:—

[Form of Certificate of Naturalization to be granted to a minor in the Territory of New Guinea.]

Form D (N.G.)

See. 10.

Commonwealth of Australia.

CERTIFICATE OF NATURALIZATION GRANTED TO A MINOR.

Whereas the Commonwealth Nationality Act 1920-1946 provides that the said Act shall extend to the Territory of New Guinea:

And whereas      a minor, has applied for a certificate of naturalization, alleging with respect to himself (herself) the particulars set out in the margin hereof:


And whereas the said    has formally renounced his (her) allegiance to the                                                                      and has sworn allegiance to His Majesty King George VI. his heirs and successors:

And whereas I am satisfied that such a certificate may properly be granted to the said

Now therefore I, the Minister of State for Immigration, hereby grant, in pursuance of the said Nationality Act, to the said                                                        this certificate of naturalization whereby, subject to the provisions of the above-mentioned Act, and of any other law affecting the rights of naturalized persons, the said                                                         , whilst in Australia, the Territory of New Guinea or any other Territory of the Commonwealth, becomes entitled to all political and other rights, powers and privileges, becomes subject to all obligations, duties and liabilities to which a natural-born British subject is entitled or subject and, as from the date of these presents, has to all intents and purposes the status of a natural-born British subject.

Dated this      day of      One thousand nine hundred and                                                                                                                                                                                                                   Minister of State for Immigration.

 

[Back of Form.]

Particulars Relating to Applicant.

Full name

Address

Age

Occupation

Place and date of birth

Nationality

Height

Colour of eyes

Colour of hair

Any special marks or peculiarities.

Specimen signature of applicant.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: l. f. Johnston, Commonwealth Government Printer, Canberra.

 

Overview

The Statutory Rules 1947, No. 9, titled "Regulations Under the Nationality Act 1920-1946," was enacted to amend the Naturalization Regulations and adapt them to the administrative needs of the Territory of New Guinea. This legislative instrument was made by the Governor-General in accordance with the advice of the Federal Executive Council, and it aimed to address the specific requirements for naturalisation processes in New Guinea. The regulations were intended to ensure that the process of naturalisation in New Guinea aligns with the existing framework of the Nationality Act 1920-1946, by incorporating particulars such as advertisement requirements and the forms of certificates of naturalisation applicable to individuals in New Guinea.

Scope and Application

The Statutory Rules of 1947, No. 9, Regulations under the Nationality Act 1920-1946, made by the Governor-General in Council, primarily concern amendments to the Naturalization Regulations and the forms of certificates of naturalization. These regulations apply to individuals in the Territory of New Guinea intending to apply for naturalisation, requiring them to advertise their intention in the Government Gazette of the Territory. The regulations also dictate the form of the certificate of naturalization, which must be in accordance with one of the specified forms, depending on the applicant's circumstances and location. The regulations extend the application of the Nationality Act 1920-1946 to the Territory of New Guinea, thereby including it within the Commonwealth's jurisdiction for the purposes of naturalisation. The forms introduced for the certificate of naturalisation cater specifically to applicants in the Territory of New Guinea, addressing both general cases and those where there is doubt regarding the applicant's British subject status. These amendments and additions to the regulations underscore the legislative intent to provide a streamlined and legally compliant process for naturalisation within the expanded territorial scope.

Key Provisions

The Regulations under the Nationality Act 1920-1946, specifically Statutory Rules 1947, No. 9, introduce amendments to the Naturalization Regulations concerning individuals in the Territory of New Guinea. Firstly, the regulation mandates that any person in the Territory of New Guinea intending to apply for a certificate of naturalization must advertise their intention in the Government Gazette of the Territory (Reg. 6(3a)). Secondly, the form of the certificate of naturalization is amended to be granted in accordance with one of the specified forms (Reg. 11(1)). The forms available include A, A(N.G.), B, C, C(N.G.), D, D(N.G.), or E, depending on the specific case requirements. These regulations impose several obligations on individuals seeking naturalization. Prospective applicants must formally declare their intention to apply in the Government Gazette of the Territory of New Guinea. Furthermore, they must fulfill all conditions stipulated in the Nationality Act for the grant of a certificate of naturalization, including renouncing any previous allegiance and swearing allegiance to His Majesty King George VI. The regulations also specify the particulars that must be included in the application, such as full name, address, age, occupation, place and date of birth, and nationality, among others. Breach of these regulations could lead to several consequences. While the regulations do not explicitly detail criminal or civil penalties, failure to comply with the requirements for naturalization could result in the refusal of a certificate of naturalization. Moreover, the act itself may have provisions for penalties related to non-compliance with naturalization requirements, which could include fines or imprisonment. However, the specific penalties would need to be referenced within the Nationality Act 1920-1946.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Licensing & Registration

Interactions

Authorises

All Versions

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.