STATUTORY RULES.
1942. No. 382.
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REGULATION UNDER THE NATIONALITY ACT 1920-1936.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Nationality Act 1920-1936.
Dated this twenty-seventh day of August, 1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for the Interior.
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Amendments of the Naturalization Regulations.†
Amendments of Second Schedule.
The Second Schedule to the Naturalization Regulations is amended—
(a) by inserting after the second item the following item:—
“For the grant of a certificate of naturalization to a person who is serving, or has served, as a member of the Naval, Military or Air Forces of the Commonwealth (otherwise than as a member of a labour corps) in the war which commenced on the third day of September, 1939, and who has a good record of service No fee”;
(b) by inserting after the fifth item the following item:—
“For a certified copy of a declaration under sub-section (5.) of section 18 of the Act by the wife of a person who has been granted a certificate of naturalization for which no fee is prescribed No fee”;
and
(c) by inserting in the sixth item, after the word “naturalization” the words “in any other case”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1937, No. 33, as amended by Statutory Rules 1938, No. 103; and 1940, No. 69.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5572.—Price 3d. 20/4.8.1942.
Overview
Statutory Rules 1942 No. 382, enacted under the authority of the Governor-General in Council, amends the Naturalization Regulations to address specific needs arising from the Second World War. The regulation was introduced to provide streamlined naturalisation processes for individuals who served in the Australian Naval, Military, or Air Forces, excluding those who served in labour corps, and their spouses. The overarching objective is to facilitate the integration and recognition of these individuals within the Australian community without imposing financial barriers. This regulation represents a timely response to the exigencies of wartime, ensuring that those who have served their nation are appropriately acknowledged and supported in their transition to Australian citizenship.
Scope and Application
This statutory rule, made under the authority of the Nationality Act 1920-1936, pertains specifically to amendments of the Naturalization Regulations. These regulations apply to individuals who have served or are serving in the Naval, Military, or Air Forces of the Commonwealth, excluding those serving in a labour corps, during the war that began on September 3, 1939, and have a good record of service. The rule provides for the grant of a certificate of naturalization to such individuals without a fee, recognising their service and loyalty to the Commonwealth. Additionally, the rule addresses the provision of certified copies of declarations under specific sections of the Act, notably for the wives of individuals who have been granted a certificate of naturalization without a prescribed fee, further extending benefits to family members. This legislative instrument thus aims to streamline and facilitate the naturalization process for eligible military personnel and their spouses, reflecting the Commonwealth's recognition of their contributions and commitment.
Key Provisions
The primary operative sections of the Statutory Rules (1942) No. 382 amend the Naturalization Regulations under the Nationality Act 1920-1936. Specifically, they insert new items into the Second Schedule of the Regulations. Section (a) introduces a provision for the grant of a certificate of naturalization without fee to individuals who have served in the Naval, Military, or Air Forces of the Commonwealth during World War II, excluding members of a labour corps, provided they have a good record of service. Section (b) adds another provision allowing for a no-fee certified copy of a declaration by the wife of a person granted a certificate of naturalization where no fee is prescribed for the original certificate. Finally, section (c) modifies the sixth item in the Second Schedule to clarify that the no-fee provision applies in any other case as specified.
These amendments impose specific obligations on the relevant authorities and individuals. Authorities responsible for processing naturalization applications and issuing certificates must now adhere to the new no-fee provisions for the specified categories of applicants. These include verifying that applicants meet the criteria, such as service in the Armed Forces during World War II with a good record, or being the wife of a naturalized person under certain conditions. Individuals seeking naturalization under these provisions must provide the necessary documentation and evidence to support their eligibility. Failure to meet these requirements may result in the denial of the application or the imposition of applicable fees.
Breach of the provisions of these regulations could lead to various consequences. While the regulations themselves do not explicitly outline offences or penalties, failure to comply with the stipulated requirements for naturalization may result in administrative penalties or the refusal of a naturalization application. In cases where the regulations are intended to support broader statutory objectives, non-compliance could also potentially attract civil or criminal penalties under the overarching Nationality Act 1920-1936 or other related legislation. The maximum penalties for breaches of the Nationality Act can include fines and imprisonment, depending on the nature and severity of the offence.