Papua New Guinea Independence (Australian Citizenship) Regulations

Administered by Department of Foreign Affairs and Trade

Legislation au F1996B01846 Regulations Not in force Legislative Instrument

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1975 No. 180

REGULATIONS UNDER THE PAPUA NEW GUINEA INDEPENDENCE ACT 1975.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Papua New Guinea Independence Act 1975.

Dated this tenth day of September, 1975.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

E. G. WHITLAM

Prune Minister for and on behalf of the Minister of State for Foreign Affairs.

————

PAPUA NEW GUINEA INDEPENDENCE (AUSTRALIAN CITIZENSHIP) REGULATIONS

Citation.

1. These Regulations may be cited as the Papua New Guinea Independence (Australian Citizenship) Regulations.

Commencement.

2. These Regulations shall come into operation on Independence Day.

Definition.

3. In these Regulations, “the Act” means the Australian Citizenship Act 1948-1973.

Acquisition of Papua New Guinea citizenship.

4. A person who—

(a) immediately before Independence Day, was an Australian citizen within the meaning of the Act; and

(b) on Independence Day becomes a citizen of the Independent State of Papua New Guinea by virtue of the provisions of the Constitution of the Independent State of Papua New Guinea,

ceases on that day to be an Australian citizen.

Modifications and adaptations of Australian Citizenship Act.

5. The Act is modified and adapted in accordance with the modifications and adaptations specified in the Schedule.

 

* Notified in the Australian Government Gazette on 12 September 1975.

SCHEDULE Regulation 5

MODIFICATIONS AND ADAPTATIONS OF PROVISIONS OF THE AUSTRALIAN CITIZENSHIP ACT 1948-1973

Provision

Modifications and Adaptations

Section 5.......

Omit from paragraph (b) of the definition of “Australian consulate” in sub-section (1) “in New Guinea or”.

Omit the definition of “New Guinea” in sub-section (1), substitute the following definitions:—

“‘New Guinea’ has the same meaning as ‘the Territory of New Guinea” had in the Papua New Guinea Act 1949-1975 immediately before 16 September 1975;

‘Papua’ has the same meaning as ‘the Territory of Papua’ had in the Papua New Guinea Act 1949-1975 immediately before 16 September 1975;”.

Section 8.......

Omit sub-paragraph (1) (b) (iii), substitute the following sub-paragraph :—

“(iii) that he had associations by way of descent, residence or otherwise with Australia, Papua or New Guinea before 16 September 1975 or subsequently has had such associations with Australia.”.

Section 11.......

Omit sub-paragraph 1 (b) (ii), substitute the following sub-paragraph:—

“(ii) was, or had the status of, a British subject and was ordinarily resident—

(A) if the person was born before 16 September 1975— in Australia, Papua or New Guinea; or

(B) if the person was born on or after 16 September 1975—in Australia.”.

Section 14.......

Omit from paragraph (1) (c) “or New Guinea, or partly in Australia and partly in New Guinea,”.

Omit from paragraph (1) (d) “or New Guinea, or partly in Australia and partly in New Guinea,”.

Omit from paragraph (1) (h) “or New Guinea” (wherever occurring).

Omit from sub-section (6) “or New Guinea, or partly in Australia and partly in New Guinea,”.

Add at the end the following sub-section:—

“(10) For the purposes of this section, residence—

(a) before 16 September 1975—in Papua or New Guinea; and

(b) on or after 16 September 1975 and before 16 September 1978—in the Independent State of Papua New Guinea,

shall, in relation to a person who—

(c) has applied under section 13 for the grant of a certificate of Australian citizenship;

(d) is resident in Australia; and

(e) was. immediately before 16 September 1975, the holder of, or to be deemed to be included in, an entry permit (not being a temporary entry permit) issued under section 6 of the Migration Act 1958-1973, and has continued to be the holder of, or to be deemed to be included in, such an entry permit,

be deemed to have been residence in Australia.”.

Section 17.......

Omit “and New Guinea”.

Section 38.......

Omit “in Australia or New Guinea”, substitute “on or after 16 September 1975 in Australia, or was so confined before 16 September 1975 in Australia, Papua or New Guinea,”.

Section 39.......

Omit “or New Guinea”, substitute “, Papua or New Guinea before 16 September 1975 or was so resident in Australia on or after 16 September 1975”.

Section 42.......

Omit from paragraph (d) “or New Guinea”, substitute”, Papua or New Guinea before 16 September 1975 or Australia on or after 16 September 1975”.

24467/76—32

Overview

The Papua New Guinea Independence (Australian Citizenship) Regulations were enacted in 1975 under the Papua New Guinea Independence Act 1975. These regulations were introduced to address the legal status of Australian citizens in the context of Papua New Guinea's independence. The enacting body was the Governor-General of Australia, acting on the advice of the Executive Council. The primary objective of these regulations was to ensure a smooth transition of Australian citizenship and associated rights and obligations for individuals who were Australian citizens prior to Papua New Guinea's independence. This involved making specific modifications and adaptations to the Australian Citizenship Act 1948-1973 to reflect the new political realities and the cessation of Australian citizenship for those who became citizens of the Independent State of Papua New Guinea. The regulations were designed to align the Australian Citizenship Act with the changes brought about by Papua New Guinea's independence, ensuring that legal definitions and provisions were updated accordingly.

Scope and Application

The Papua New Guinea Independence (Australian Citizenship) Regulations were established to adapt the Australian Citizenship Act 1948-1973 in light of the independence of Papua New Guinea. These Regulations apply to individuals who were Australian citizens before Independence Day, which is the day Papua New Guinea became an independent state, and who subsequently became citizens of Papua New Guinea. The Regulations modify the Australian Citizenship Act to cease the Australian citizenship of those individuals on Independence Day. The Regulations also adapt various sections of the Australian Citizenship Act to reflect the new status of Papua New Guinea, including the definition of "Australian consulate," the criteria for Australian citizenship by descent or residence, and the conditions for Australian citizenship by application or grant of a certificate of citizenship. The Regulations have a specific commencement date on Independence Day and are designed to provide a smooth transition in citizenship status for affected individuals.

Key Provisions

The Papua New Guinea Independence (Australian Citizenship) Regulations (1975) consist of several key provisions that govern the acquisition of Papua New Guinea citizenship and the adaptation of Australian citizenship laws in light of Papua New Guinea's independence. Section 4 specifies that any person who was an Australian citizen before Independence Day and becomes a citizen of the Independent State of Papua New Guinea on that day ceases to be an Australian citizen (s 4). The Regulations adapt the Australian Citizenship Act 1948-1973 through the modifications and adaptations outlined in the Schedule (s 5). These adaptations include changes to the definition of "Australian consulate" by omitting references to New Guinea and replacing them with references to Papua and New Guinea (s 5, Schedule). These Regulations impose specific obligations on individuals affected by the independence of Papua New Guinea. For example, they require that individuals who were Australian citizens before Independence Day and become citizens of Papua New Guinea on that day cease to be Australian citizens (s 4). Additionally, the Schedule modifies the Australian Citizenship Act to reflect the new status of Papua New Guinea, including changes to the definition of "Australian consulate" and the removal of references to New Guinea from various sections (Schedule, s 5). These modifications ensure that the Australian Citizenship Act aligns with the new geopolitical reality of Papua New Guinea's independence. The Regulations do not explicitly outline offences, penalties, or consequences for breach; however, they provide a framework for the cessation of Australian citizenship for those who acquire Papua New Guinea citizenship. Non-compliance with the provisions regarding the cessation of Australian citizenship could potentially lead to legal issues concerning dual citizenship, which may be addressed under other relevant legislation or international agreements. The penalties for such breaches would likely be determined by the courts based on the specific circumstances and applicable laws at the time.

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