Statutory Rules

1979 No. 39

REGULATIONS UNDER THE COCOS (KEELING) ISLANDS ACT 19551

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Cocos (Keeling) Islands Act 1955.

Dated this fifteenth day of March 1979.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

R. ELLICOTT

Minister of State for Home Affairs

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AMENDMENTS OF THE COCOS (KEELING) ISLANDS (CITIZENSHIP) REGULATIONS2

Interpretation

1. Regulation 3 of the Cocos (Keeling) Islands (Citizenship) Regulations is amended—

(a) by inserting “or 14a” after “14” in the definition of “declaration”; and

(b) by omitting the definition of “The Secretary” and inserting after the definition of “declaration” the following definition:

“‘Secretary’ means Secretary to the Department of Immigration and Ethnic Affairs;”.

2. Regulation 4 of the Cocos (Keeling) Islands (Citizenship) Regulations is repealed and the following regulation substituted:

Form of declaration

“4. (1) A declaration under section 14 of the Act shall be in accordance with Form 1 in the Schedule.

“(2) A declaration under section 14a of the Act shall be in accordance with Form 2 in the Schedule.”.

Forwarding of declaration

3. Regulation 5 of the Cocos (Keeling) Islands (Citizenship) Regulations is amended—

(a) by omitting from sub-regulation (1) “For the purpose of exercising a right to become an Australian citizen conferred by section 14 of the Act, a” and substituting “A”; and

(b) by omitting from sub-regulation (1) “shall” and substituting “may”.

Filing of declaration

4. Regulation 7 of the Cocos (Keeling) Islands (Citizenship) Regulations is amended by inserting “and Ethnic Affairs” after “Immigration”.

Penalties

5. Regulation 12 of the Cocos (Keeling) Islands (Citizenship) Regulations is amended by omitting “Fifty pounds” and substituting “$100”.

Schedule

6. The Schedule to the Cocos (Keeling) Islands (Citizenship) Regulations is amended—

(a) by omitting “THE SCHEDULE” and substituting-

“SCHEDULE

form 1”; and

(b) by adding at the end thereof the following form:

“ form 2 Sub-regulation 4 (2)

common wealth of australia

Cocos (Keeling) Islands Act 1955

declaration under section 14a

I,  (full name)  of (address)  do solemnly and sincerely declare as follows:

1. I am not an Australian citizen.

2. I was immediately before 23 November 1955 ordinarily resident in the Cocos (Keeling) Islands.

3. I am ordinarily resident in *   .

4. I was born on   19 .

5. I wish to become an Australian citizen.

Dated this  day of  19 .

(Signature of the declarant)

Made and subscribed at

this  day of  19 ,

before me

(Signature of the person before whom declaration is made)

* Here insert “Australia” or the name of the external Territory where the applicant is resident, as the case requires.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 March 1979.

2. Statutory Rules 1961 No. 52.