Citizenship

No. 22 of 1969

An Act relating to Australian Citizenship and the Status of British Subject.

[Assented to 4 June 1969]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Citizenship Act 1969.

(2.) The Nationality and Citizenship Act 1948-1967 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Citizenship Act 1948-1969.

Commencement.

2.—(1.) Sections 1, 2, 4 (other than paragraphs (a) and (b)), 5 (other than paragraphs (a) and (b)), 9 to 11 (inclusive), 12 (other than paragraph (b)), 13, 14, 20 and 23 of this Act shall come into operation on the day on which this Act receives the Royal Assent.

(2.) The remaining provisions of this Act shall come into operation on such date as is, or on such dates as respectively are, fixed by Proclamation.

Title.

3. The title of the Principal Act is amended by omitting the words “British Nationality and Australian Citizenship” and inserting in their stead the words “Australian Citizenship and the Status of British Subject”.

Parts.

4. Section 4 of the Principal Act is amended—

(a) by omitting the words—

“Part II.—British Nationality (Sections 7-9).”

and inserting in their stead the words—

“Part II.—The Status of British Subject (Sections 7-9).”;

(b) by inserting after the words—

“Division 1.—Citizenship by Birth or Descent (Sections 10-11).”

the words—

“Division 1a.—Citizenship by Notification (Sections 11a-11c).”;

and

(c) by inserting after the words—

“Division 4.—Loss of Citizenship (Sections 17-23b).”

the words—

“Division 5—General (Section 23c).”.

Interpretation.

5. Section 5 of the Principal Act is amended—

(a) by omitting from sub-section (1.) the definition of “alien” and inserting in its stead the following definition:—

“‘alien’ means a person who does not have the status of a British subject and is not an Irish citizen or a protected person;”;

(b) by omitting from sub-section (1.) the definitions of “British subject” and “naturalized person”;

(c) by omitting from sub-section (1.) the definition of “the United Kingdom and Colonies” and inserting in its stead the following definition:—

“‘the United Kingdom and Colonies’ means the United Kingdom of Great Britain and Northern Ireland together with its Colonies, the Channel Islands and the Isle of Man;”;

(d) by inserting after paragraph (a) of sub-section (3.) the following paragraph:—

“(aa) a person who, when a child, was found abandoned in Australia shall, unless and until the contrary is proved, be deemed to have been born in Australia and, if born on or after the twenty-sixth day of January, One thousand nine hundred and forty-nine, to be a person to whom sub-sections (2.) and (3.) of section ten of this Act do not apply;”;

(e) by omitting from paragraph (b) of sub-section (3.) the words “and of full capacity if he is not of unsound mind”; and

(f) by omitting sub-section (4.) and inserting in its stead the following sub-section:—

“(4.) A reference in this Act (other than the definition of ‘New Guinea’ in sub-section (1.) of this section, and sub-sections (1.) and (3.) of section twenty-five) to New Guinea shall, in relation to any time before the date on which the Citizenship Act 1969 received the Royal Assent be read as including a reference to the Island of Nauru.”.

6. Part II. of the Principal Act is repealed and the following Part inserted in its stead:—

“Part II.—The Status of British Subject.

Persons having status of British subject.

“7.—(1.) A person who, under this Act, is an Australian citizen or, by a law for the time being in force in a country to which this section applies, is a citizen of that country has, by virtue of his Australian citizenship or his citizenship of that country, as the case may be, the status of a British subject.

“(2.) The countries to which this section applies are the following countries and any other country declared by the regulations to be a country to which this section applies:—

Barbados

Republic of Botswana

Canada

Ceylon

Republic of Cyprus

The Gambia

Republic of Ghana

Guyana

Republic of India

Jamaica

Republic of Kenya

Kingdom of Lesotho

Republic of Malawi

Malaysia

Malta

Mauritius

Republic of Nauru

New Zealand

Federal Republic of Nigeria

Pakistan

Sierra Leone

Republic of Singapore

Republic of South Africa

United Republic of Tanzania

Trinidad and Tobago

Uganda

United Kingdom and Colonies

Republic of Zambia.

Certain Irish citizens to have the status of British subjects.

“8.—(1.) An Irish citizen who, immediately before the twenty-sixth day of January, One thousand nine hundred and forty-nine, was also a British subject has the status of a British subject if—

(a) he has, before the commencement of section six of the Citizenship Act 1969, given a notice in accordance with sub-section (1.) of section eight of the Nationality and Citizenship Act 1948 or of that Act as amended; or

(b) he gives a notice, as prescribed, to an officer authorized by the Secretary to receive notices under this section claiming to be entitled to the status of a British subject on all or any of the following grounds:—

(i) that he is or has been in service under an Australian Government;

(ii) that he is the holder of an Australian passport;

(iii) that he has associations by way of descent, residence or otherwise with Australia or New Guinea.

“(2.) Where, under the law for the time being in force in a country to which section seven of this Act applies, provision corresponding to the foregoing provisions of this section is made for enabling Irish citizens to have the status of British subjects or of Commonwealth citizens, a person who, by virtue of that law, has that status also has the status of a British subject by virtue of this section.

Application of certain laws to Irish citizens who do not have the status of British subjects.

“9. A law of the Commonwealth or of a Territory in force at the twenty-sixth day of January, One thousand nine hundred and forty-nine, has effect, unless provision to the contrary has been or is made, in relation to Irish citizens who do not have the status of British subjects in like manner as it has effect in relation to persons who have that status.”.

7. Section 11 of the Principal Act is repealed and the following section’ inserted in its stead:—

Citizenship by descent.

“11.—(1.) A person born outside Australia on or after the twenty-sixth day of January, One thousand nine hundred and forty-nine, is an Australian citizen by descent if—

(a) in the case of a person born in wedlock—at the time of the birth, his father or mother was an Australian citizen; or

(b) in the case of a person born out of wedlock—at the time of the birth his mother—

(i) was an Australian citizen; or

(ii) was, or had the status of, a British subject and was ordinarily resident in Australia or New Guinea,

and, in either case, the birth was or is registered at an Australian consulate within five years after its occurrence or within such further period as the Minister allowed or allows.

“(2.) Where, at the time of the birth of a person (in this sub-section referred to as ‘the child’) born in wedlock, one of the parents of the child was not an Australian citizen, the birth of the child shall not be registered at an Australian consulate unless the person applying to register the birth declares in writing to the person to whom the application is made, or otherwise satisfies that person, that—

(a) there is not, at the time of the application, a subsisting court order giving custody of the child exclusively to a person or persons other than the parent of the child who was an Australian citizen at the time of the birth; or

(b) the parents of the child are dead.

“(3.) The birth of a person (in this sub-section referred to as ‘the child’) born out of wedlock shall not be registered at an Australian consulate unless the person applying to register the birth declares in writing to the person to whom the application is made, or otherwise satisfies that person, that—

(a) there is not, at the time of the application, a subsisting court order giving custody of the child exclusively to a person or persons other than the mother of the child; or

(b) the mother of the child is dead.

“(4.) The validity of the registration at an Australian consulate of the birth of a person is not affected by a contravention of either of the last two preceding sub-sections in relation to that registration.”.

8. After Division 1 of Part III. of the Principal Act the following Division is inserted:—

“Division 1a.—Citizenship by Notification.

Interpretation.

“11a. An expression used in this Division that is also used in the Migration Act 1958-1966 and has in that Act a defined or other specified meaning has the same meaning in this Division.

Application of Division.

“11b. This Division applies to a person—

(a) who is not an Australian citizen;

(b) who is a citizen of a country to which section seven of this Act applies;

(c) who was ordinarily resident in Australia or New Guinea, or partly in Australia and partly in New Guinea, throughout the period of five years immediately preceding the giving by him of a notice under this section;

(d) who—

(i) entered Australia, or, if the person has entered Australia on more than one occasion, last entered Australia, before the first day of June, One thousand nine hundred and fifty-nine, and is not the holder of a subsisting temporary entry permit; or

(ii) entered Australia, or, if the person has entered Australia on more than one occasion, last entered Australia, on or after that date and is the holder of a subsisting entry permit (other than a temporary entry permit);

(e) who is not a deportee or a prohibited immigrant; and

(f) who is not a person whose deportation from Australia may be ordered by the Minister under section thirteen of the Migration Act 1958-1966 by reason that the person has been convicted in Australia of an offence referred to in paragraph (a) or paragraph (b) of that section.

Citizenship by notification.

“11c.—(1.) Where a person to whom this Division applies gives notice, as prescribed, to an officer authorized by the Secretary to receive notices under this section stating that the person desires to become an Australian citizen, the person is an Australian citizen by notification as from the date upon which the notice is received by the officer.

“(2.) A notice under the last preceding sub-section may not be given personally by a child who has not attained the age of sixteen years but may be given on behalf of such a child by the responsible parent or the guardian of the child.

“(3.) Where the Secretary is satisfied that a person to whom this Division applies has duly given a notice under this section, the Secretary shall, on application by that person, cause an authorized officer to issue to that person an evidentiary certificate in relation to the Australian citizenship of that person.

“(4.) An evidentiary certificate under this section shall certify that the person specified in the certificate is an Australian citizen.

“(5.) Where the Secretary is satisfied that a person to whom an evidentiary certificate has been issued under this section is not an Australian citizen, the Secretary may, by order in writing under his hand, revoke the certificate.

“(6.) An evidentiary certificate issued under this section is, unless the certificate is shown to have been revoked, evidence that the person specified in the certificate is an Australian citizen.

“(7.) The Secretary shall cancel all evidentiary certificates that have been issued under this section and have been revoked.

“(8.) An order under sub-section (5.) of this section may be proved in legal proceedings by the production of a copy of the order, together with a certificate signed by an authorized officer certifying the copy to be a true copy.

“(9.) An evidentiary certificate under this section or a certificate under the last preceding sub-section is admissible in evidence in legal proceedings without proof of the signature of the person signing it or of the fact that he was an authorized officer.

“(10.) In this section, ‘authorized officer’ means an officer authorized by the Secretary to issue certificates under this section.”.

Registrations Australian citizens.

9. Section 12 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (l.) the words “and of full capacity”;

(b) by inserting after paragraph (a) of sub-section (1.) the following paragraph:—

“(aa) that he is capable of understanding the nature of the application;”;

(c) by inserting after sub-section (1.) the following sub-section:—

“(1aa.) Paragraphs (aa), (d) and (e) of the last preceding sub-section do not apply in relation to a person whose father or mother is, or, if the person’s father or mother is dead, was at the time of the death, an Australian citizen.”;

(d) by omitting from sub-section (1a.) the words “the last preceding sub-section” and inserting in their stead the words “sub-section (1.) of this section”; and

(e) by inserting after sub-section (1a.) the following sub-section:—

“(1b.) Paragraphs (d) and (e) of sub-section (1.) of this section do not apply in relation to a person who—

(a) has attained the age of sixty years; or

(b) satisfies the Minister that he is suffering (otherwise than temporarily) from a loss, or from a substantial impairment, of hearing, speech or sight.”.

Citizenship by naturalization.

10. Section 15 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1.) the words “in paragraphs (a),” and inserting in their stead the words “in paragraphs (a), (aa),”;

(b) by inserting after sub-section (1.) the following sub-section:—

“(1a.) Notwithstanding paragraph (a) of the last preceding sub-section—

(a) a person is not required by that sub-section to comply with qualifications corresponding to those specified in paragraphs (aa), (d) and (e) of sub-section (1.) of section twelve of this Act if the person’s father or mother is, or where the person’s father or mother is dead, was at the time of the death, an Australian citizen; and

(b) a person is not required by that sub-section to comply with qualifications corresponding to those specified in paragraphs (d) and (e) of sub-section (1.) of section twelve of this Act if the person—

(i) has attained the age of sixty years; or

(ii) satisfies the Minister that he is suffering (otherwise than temporarily) from a loss, or from a substantial impairment, of hearing, speech or sight.”;

(c) by omitting from sub-section (2.) the words “the last preceding sub-section” and inserting in their stead the words “sub-section (1.) of this section”; and

(d) by inserting after sub-section (2.) the following sub-section:—

“(2aaa.) For the purposes of paragraph (c) of sub-section (1.) of this section, the Minister may, in the case of a person who satisfies the Minister that he is able to read and write proficiently in the English language, treat the reference in that paragraph to four years as if it were a reference to two years.”.

Effect of naturalization.

11. Section 16 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1.) the words “who has attained the age of sixteen years” and inserting in their stead the words “to whom the next succeeding paragraph does not apply”; and

(b) by omitting from paragraph (b) of sub-section (1.) the words “who has not attained that age” and inserting in their stead the words “who has not attained the age of sixteen years or a person to whom paragraph (a) of sub-section (1a.) of the last preceding section applies”.

Renunciation of citizenship.

12. Section 18 of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) Where—

(a) an Australian citizen is a national or citizen of a country other than Australia; and

(b) that person’s nationality or citizenship was acquired (whether before, on or after the twenty-sixth day of January, One thousand nine hundred and forty-nine) at birth, while not of full age or by reason of marriage,

he may at any time after attaining the age of twenty-one years or after the marriage, make a declaration renouncing his Australian citizenship.”;

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

“(3a.) Where a person who was born, or is ordinarily resident, in a country other than Australia is not entitled, under the law of that country, to acquire the nationality or citizenship of that country by reason that the person is an Australian citizen, that person may make a declaration renouncing his Australian citizenship.”;

(c) by omitting from sub-section (4.) the words “next succeeding sub-section” and inserting in their stead the words “next two succeeding sub-sections”; and

(d) by adding at the end thereof the following sub-section:—

“(6.) The Minister shall not register a declaration made under sub-section (2.) of this section unless he is satisfied that the person who made the declaration—

(a) is a national or citizen of a country other than Australia; or

(b) will, if the declaration is registered, become a national or citizen of such a country immediately after the registration.”.

13. After Division 4 of Part III. of the Principal Act the following Division is inserted:—

“Division 5.—General.

Statements by Australian citizens as to national status.

“23c. An Australian citizen who is required to state or declare his national status may state or declare himself to be an Australian citizen and his statement or declaration to that effect is a sufficient compliance with the requirement.”.

14. Section 24 of the Principal Act is repealed and the following section inserted in its stead:—

Meaning of British subject for purposes of this Part.

“24. In this Part, a reference to a British subject, in relation to a time before the twenty-sixth day of January, One thousand nine hundred and forty-nine, shall be read as including a reference to a person who was, at that time, entitled in Australia or a Territory to all political and other rights, powers and privileges to which a natural-born British subject was then entitled.”.

Transitional provisions.

15. Section 25 of the Principal Act is amended by omitting paragraph (d) of sub-section (3.) and inserting in its stead the following paragraph:—

“(d) who enters Australia and has the status of a British subject, but is not an Australian citizen, at the time of that entry,”.

16.—(1.) Sections 26 and 26a of the Principal Act are repealed and the following sections inserted in their stead:—

Persons having the status of British subjects without citizenship.

“26.—(1.) Subject to this section, a person who—

(a) was a British subject immediately before the twenty-sixth day of January, One thousand nine hundred and forty-nine; and

(b) was not at that date an Australian citizen, a citizen of a country to which section seven of this Act applies or an Irish citizen,

has the status of a British subject without citizenship.

“(2.) Subject to the next two succeeding sub-sections, the law in force in Australia, immediately before the twenty-sixth day of January, One thousand nine hundred and forty-nine, in relation to British nationality continues to apply, as if this Act had not been passed, to a person who has the status of a British subject without citizenship while he has that status and continues so to apply as if he were a British subject.

“(3.) Where a person who has the status of a British subject without citizenship marries a woman who does not have the status of a British subject, she does not, by reason of the marriage, acquire the status of a British subject.

“(4.) Where a woman who has the status of a British subject without citizenship marries an alien or an Irish citizen, she does not, by reason of the marriage, cease to have that status.

“(5.) Subject to the next succeeding sub-section, where a person who, on or after the twenty-sixth day of January, One thousand nine hundred and forty-nine, was or is born in a country outside Australia has acquired or acquires the status of a British subject by virtue of the law in force in a country to which section seven of this Act applies but has not or does not, under this Act or the law in force in such a country, become an Australian citizen or a citizen of such a country, that person has the status of a British subject without citizenship.

“(6.) A person who, but for this sub-section, would, under this section, have the status of a British subject without citizenship does not have that status if he has become, or ceases to have that status if he becomes, an Australian citizen, a citizen of a country to which section seven of this Act applies, an Irish citizen or an alien.

“(7.) A person who has the status of a British subject without citizenship shall, for the purposes of Division 1a or Division 2 of Part III., be deemed to be a citizen of a country to which section seven of this Act applies.

Alien wives of persons having the status of British subjects without citizenship.

“26a.—(1.) The Minister may direct that a woman who—

(a) applies, in accordance with a form approved by the Minister, for registration as a person having the status of a British subject; and

(b) satisfies the Minister that she is an alien and is the wife of a person having the status of a British subject without citizenship,

shall be registered as a person having the status of a British subject without citizenship, and, subject to the next succeeding sub-section, the Secretary shall cause her to be registered accordingly.

“(2.) A woman shall not be registered in accordance with a direction under the last preceding sub-section unless—

(a) she takes an oath of allegiance; or

(b) if she conscientiously objects to taking an oath, she makes an affirmation of allegiance,

in accordance with the form in the Third Schedule to this Act.

“(3.) Subject to sub-section (5.) of this section, upon the registration of a woman under this section, she acquires the status of a British subject without citizenship.

“(4.) Subject to the next succeeding sub-section, a woman who—

(a) was the wife of a British subject without citizenship or is or was the wife of a person having the status of a British subject without citizenship; and

(b) has the status of a British subject by virtue of a law of a country to which section seven of this Act applies but is not a citizen of that country,

has the status of a British subject without citizenship.

“(5.) A woman who, under this section, acquires or has the status of a British subject without citizenship ceases to have that status if she becomes an Australian citizen, a citizen of a country to which section seven of this Act applies or an Irish citizen.

“(6.) Sub-sections (2.), (4.) and (7.) of the last preceding section apply to a woman who, under this section, acquires or has the status of a British subject without citizenship.”.

(2.) Where immediately before the date of commencement of this section, a woman was a British subject without citizenship by virtue of sub-section (3.) of section 26a of the Principal Act, she acquires the status of a British subject without citizenship upon that date and shall, for the purposes of section 26a of the Citizenship Act 1948-1969, be deemed to have acquired that status under that section.

Citizenship of children who ceased to be British subjects on loss of British nationality of parent.

17.—(1.) Section 30 of the Principal Act is amended by omitting sub-sections (3.) and (4.) and inserting in their stead the following sub-sections:—

“(3.) Upon the registration of the declaration, the person who made the declaration becomes an Australian citizen or acquires the status of a British subject without citizenship, as the case may be.

“(4.) The provisions of section twenty-six of this Act apply to a person who, under this section, acquires the status of a British subject without citizenship.”.

(2.) A person who, immediately before the date of commencement of this section, was an Australian citizen by virtue of section 30 of the Principal Act does not cease to be an Australian citizen by reason of the amendment made by the last preceding sub-section.

(3.) Where a person was, immediately before the date of commencement of this section, a British subject without citizenship by virtue of section 30 of the Principal Act, that person acquires the status of a British subject without citizenship upon that date and, shall, for the purposes of section 30 of the Citizenship Act 1948-1969, be deemed to have acquired that status under that section.

18. After section 48 of the Principal Act the following section is inserted:—

Evidentiary certificate to be surrendered where order of revocation made.

“48a. Where an order is made under sub-section (5.) of section eleven c of this Act revoking an evidentiary certificate issued to a person, that person shall, upon demand by the Secretary, surrender the certificate to the Secretary for cancellation.

Penalty: Two hundred dollars.”.

Offences in relation to certificates.

19. Section 49 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2.) A person shall not, without lawful authority, alter, or cause or permit to be altered, a certificate of Australian citizenship.

Penalty for a contravention of this sub-section: Four hundred dollars or imprisonment for twelve months.”.

False representations. &c.

20. Section 50 of the Principal Act is amended by omitting from sub-section (1.) the word “three” and inserting in its stead the word “six”.

21. Section 51 of the Principal Act is repealed and the following section inserted in its stead:—

References in Commonwealth and Territory laws to British subjects.

“51.—(1.) A reference in any other law of the Commonwealth to a British subject shall be read as including a reference to an Australian citizen and to any other person who, under this Act, has the status of a British subject or has the status of a British subject without citizenship.

“(2.) In this section, ‘law of the Commonwealth’ means—

(a) an Act;

(b) an instrument (including regulations or rules) having effect by virtue of an Act;

(c) an Ordinance of a Territory and any other law in force in a Territory;

(d) an instrument (including regulations or rules) having effect by virtue of such an Ordinance or law; and

(e) an instrument having effect by virtue of any such regulations or rules as are mentioned in paragraph (b) or paragraph (d) of this sub-section.”.

Additional amendments.

22. The Principal Act is amended as set out in the Schedule to this Act.

Making of regulations.

23. At any time after this Act receives the Royal Assent regulations may be made under the Principal Act as amended by this Act as if the provisions of this Act referred to in sub-section (2.) of section 2 of this Act had come into operation on the date on which this Act receives the Royal Assent, but regulations so made shall not come into operation before the date fixed under that sub-section in relation to the provision for the purposes of which the regulations are made.

THE SCHEDULE Section 22.

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ADDITIONAL AMENDMENTS

The Schedule—continued

Additional Amendments—continued

The Schedule—continued

Additional Amendments—continued