Australian Citizenship Regulations 1960

Statutory Rules 1960 No. 62 as amended

made under the

Australian Citizenship Act 1948

This compilation was prepared on 2 April 2005
taking into account amendments up to SLI 2005 No. 53

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Repeal and saving 

 3 Interpretation 

 4 Documents in support of particulars 

 4A Certificate evidencing Australian citizenship 

 5 Prescribed classes of visas 

 7 Citizenship by descent 

 7A Application for registration 

 7B Correction of information about citizenship by descent 

 7C Cancellation of registration 

 7E Application for registration under section 10C of the Act 

 7F Citizenship by descent for a person aged 18 or over on 15 January 1992             

 7H Acceptable reason — section 10C of the Act 

 8 Certificate evidencing Australian citizenship to be issued on application             

 9 Fee on lodgment of application for grant of certificate of Australian citizenship             

 10 Certificate of Australian citizenship 

 11 Acceptable reasons for failing to make a pledge of commitment (Act s 14B)             

 12 Issue of Certificate of Australian Citizenship 

 13 Declaration of renunciation of citizenship 

 14 Declaration of wish to resume Australian citizenship 

 15 Registration of declarations 

 16 Certificate evidencing Australian citizenship — resumption of citizenship             

 18 Fee payable in respect of application under subsection 44A (2) of the Act             

 19 Prescribed fee for the purposes of paragraph 46A (1) (c) of the Act             

 21A Class of persons declared for the purposes of subparagraph 5A (1) (d) (ii) of the Act             

 22 Review of decisions 

 23 Refund of fees 

The Schedules   

Schedule 1  Statutory Rules repealed 

Schedule 2  Forms 

Form 6  Certificate of Australian citizenship 

Form 6A  Certificate of Australian citizenship 

Form 8  Certificate of Australian citizenship 

Form 9  Declaration of renunciation of Australian citizenship 

Form 10  Declaration of desire to resume Australian citizenship 

Notes   

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Australian Citizenship Regulations 1960.

2 Repeal and saving

 (1) The Citizenship Regulations (comprising the Statutory Rules specified in Schedule 1) are repealed.

 (2) Every certificate issued and appointment, application, claim or declaration made under the Regulations repealed by subregulation (1), or under the Regulations repealed by those first-mentioned Regulations, and in force or subsisting immediately before the commencement of these regulations shall be deemed to have been issued or made, as the case may be, under these Regulations.

3 Interpretation

 (1) In these Regulations, unless the contrary intention appears:

Australian mission overseas means a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.

authorised officer, in relation to the exercise of a power, or the performance of a duty or function, under these Regulations, means:

 (a) an APS employee performing duties in the Department of Immigration and Multicultural and Indigenous Affairs authorised for that purpose by the Minister; or

 (b) another person, or another person included in a class of persons, authorised for that purpose by the Minister.

Note   The Public Service Act 1999 explains the meaning of APS employee.

Centrelink means the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997.

certificate evidencing Australian citizenship has the meaning given by regulation 4A.

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

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

pledge of commitment has the meaning given by section 15 of the Act.

the Act means the Australian Citizenship Act 1948.

 (3) In these Regulations, a reference to a Form by number shall be read as a reference to the Form so numbered in the Schedule 2 to these Regulations.

 (4) Strict compliance with the Forms is not necessary and substantial compliance is sufficient.

4 Documents in support of particulars

  If a person is required to give particulars under these Regulations, the person must lodge appropriate documents in support of those particulars as required by the Minister.

4A Certificate evidencing Australian citizenship

 (1) A certificate evidencing Australian citizenship for a person who is an Australian citizen is a certificate that:

 (a) states that the person is an Australian citizen; and

 (b) is in an approved form.

 (2) A certificate mentioned in subregulation (1) constitutes evidence of the fact that the person named in the certificate is an Australian citizen.

 (3) A certificate that purports to have been signed by an authorised officer is taken to have been signed by that officer unless the contrary is proved.

Note   approved form means a form approved by the Minister by instrument in writing (see subsection 5 (1) of the Act).

5 Prescribed classes of visas

 (1) In this regulation:

Migration (1959) Regulations means the Regulations comprising Statutory Rules 1959 No. 35 and those Regulations as amended and in force from time to time.

Migration (1989) Regulations means the Regulations comprising Statutory Rules 1989 No. 365 and those Regulations as amended and in force from time to time.

Migration (1993) Regulations means the Regulations comprising Statutory Rules 1992 No. 387 and those Regulations as amended and in force from time to time.

Migration Regulations means the Migration Regulations having effect on and after 1 September 1994.

 (1A) For the purposes of sub-subparagraph 5A (1) (d) (i) (A) of the Act, the following classes of visas are prescribed:

 (a) documents and notations permitting residents to return to Australia, issued before 1 November 1979 to eligible persons;

 (b) resident return visas, within the meaning of regulation 29AC of the Migration (1959) Regulations, issued or granted to eligible persons;

 (c) return visas, within the meaning of regulation 2 of the Migration (1989) Regulations, granted to eligible persons;

 (d) Group 1.4 (resident return (permanent entry)) visas, within the meaning of the Migration (1993) Regulations, granted to eligible persons;

 (e) documents and notations referred to in paragraph (a), and visas referred to in paragraph (b), (c) and (d), that were continued in force on and after 1 September 1994 as transitional (permanent) visas by the Migration Reform (Transitional Provisions) Regulations;

 (f) Return (Residence) Class visas granted to eligible persons under the Migration Regulations.

 (2) For the purposes of subregulation (1) a person is an eligible person if, at the time of issue or immediately prior to the person’s departure, the person:

 (a) satisfied the criteria of paragraph 5A (1) (a), (b), (ba), (bb) or (c) of the Act; or

 (b) would have satisfied those requirements if they had been in force.

7 Citizenship by descent

  For section 10B of the Act, a person’s name is registered by:

 (a) the Minister, or an authorised officer, making a record of the fact that the person is an Australian citizen by descent; and

 (b) the record being included on a data storage system kept by the Department.

7A Application for registration

 (1) Subject to subregulation (2), the fee payable on lodging an application to register the name of a person for the purposes of section 10B of the Act is $110.

 (2) If 2 or more applications are lodged at the same time in respect of applicants who are siblings of one another, the fee payable is:

 (a) for 1 of the applicants — $110; and

 (b) for each other applicant — $85.

7B Correction of information about citizenship by descent

  If an authorised officer is satisfied that there is an error or omission in a record mentioned in paragraph 7 (a), the authorised officer must correct that error or omission.

7C Cancellation of registration

 (1) For section 10B of the Act, the Minister may, in writing, cancel the registration of a person’s name.

 (2) However, the Minister must not cancel the registration unless:

 (a) he or she is satisfied on reasonable grounds that the registration has been made on the basis of false information; or

 (b) in the case of a registration relating to the birth of a person mentioned in paragraph 12 (1) (a) of the Australian Citizenship Regulations (Amendment) (Statutory Rules 1984 No. 351) — the person’s name has been registered in accordance with regulation 12 of those Regulations;

and he or she considers that the purposes of the cancellation would not be achieved by a correction of the relevant information.

Note   Regulation 12 of the Australian Citizenship Regulations (Amendment) is a transitional provision dealing with the registration of births under the Regulations before 30 November 1984.

7E Application for registration under section 10C of the Act

 (1) An application under section 10C of the Act for registration as an Australian citizen must be sent to:

 (a) the head office, or any regional or area office, of the Department; or

 (b) any Australian mission overseas.

 (2) The following original documents must be attached to the application:

 (a) the applicant’s full birth certificate;

 (b) if the applicant has an Australian passport — the passport;

 (c) if the applicant’s name has been entered on an Electoral Roll under the Commonwealth Electoral Act 1918 documents from the Australian Electoral Commission providing evidence of the enrolment;

 (e) if the applicant has changed his or her name — documents providing evidence of the applicant’s name before and after it was changed;

 (f) documents providing evidence that a natural parent of the applicant was an Australian citizen when the applicant was born;

 (g) documents providing evidence that the parent was an Australian citizen:

 (i) when the application was made; or

 (ii) if the parent died before the application was made — at the time of the parent’s death;

 (h) if it is available — the parent’s full birth certificate;

 (i) if the parent has changed his or her name — documents providing evidence of the parent’s name before and after it was changed;

 (j) if the parent is dead — the parent’s death certificate.

 (3) A fee of $110 is payable on sending an application.

7F Citizenship by descent for a person aged 18 or over on 15 January 1992

  For subsection 10C (4) of the Act, a person is registered as an Australian citizen by:

 (a) the Minister making a record of the fact that the person is an Australian citizen by descent; and

 (b) the record being included on a data storage system kept by the Department.

7H Acceptable reason — section 10C of the Act

  The applicant’s reason for failing to become registered is an acceptable reason for the purposes of paragraph 10C (5) (d) of the Act if:

 (a) there is reason to believe that the applicant applied to be registered as an Australian citizen under:

 (i) section 10B of the Act; or

 (ii) section 11 of the Act as in force before commencement of section 10B; and

 (b) the applicant was not registered because the application was not processed.

8 Certificate evidencing Australian citizenship to be issued on application

 (1) Subject to subregulations (7) and (8), an authorised officer on the application of:

 (a) a person who is an Australian citizen; or

 (b) a responsible parent on behalf of a person to whom paragraph (5) (a) or (b) applies;

must issue to the person a certificate evidencing Australian citizenship.

 (2) The fee payable on lodging an application under this regulation is $55.

Note   An application under the Act must be made in accordance with a form approved by the Minister: see section 31 of the Act.

 (5) Where:

 (a) the name of an Australian citizen who has not attained the age of 16 years has been included in a certificate of Australian citizenship in accordance with:

 (i) subsection 12 (3) or 15 (6) of the Nationality and Citizenship Act 1948 as in force on 30 November 1973;

 (ii) subsection 14 (9) of the Act as in force before the commencement of the Australian Citizenship Amendment Act 1984; or

 (iii) subsection 13 (10) of the Act as in force after the commencement of the Australian Citizenship Amendment Act 1984 and before the commencement of Schedule 2 to the Australian Citizenship Legislation Amendment Act 2002; or

 (iv) subsection 13 (10) of the Act, as saved by item 38 of that Schedule; or

 (b) the responsible parent of a person who has not attained the age of 16 years has applied for a certificate of Australian citizenship;

the responsible parent of the person may apply on behalf of the person for a certificate evidencing Australian citizenship.

 (7) Where application has been made under subregulation (5) for a certificate evidencing Australian citizenship in respect of a person, the certificate shall not be issued until a certificate of Australian citizenship on which the person’s name is included has been issued.

 (8) Where an application for a certificate evidencing Australian citizenship is made by a person to whom a certificate evidencing Australian citizenship has previously been issued, the authorised officer shall not issue to the applicant a certificate evidencing Australian citizenship unless:

 (a) the applicant has returned to the authorised officer the certificate evidencing Australian citizenship previously issued to the applicant; or

 (b) the authorised officer is satisfied that the certificate evidencing Australian citizenship previously issued to the applicant has been lost or destroyed.

 (9) Where an authorised officer decides that he or she is not satisfied that the certificate evidencing Australian citizenship previously issued to the applicant has been lost or destroyed, an authorised officer shall notify the applicant of the reasons for that decision and that an application in writing for review of the decision may be made to the Secretary not later than 60 days after the day of the notification.

 (10) The officer conducting a review:

 (a) shall cause the applicant for the review to be notified of the officer’s decision; and

 (b) if that decision is unfavourable — shall cause to be sent to the applicant, together with the notification, a statement of the reasons for the decision.

 (11) Where the officer conducting a review is satisfied that the certificate evidencing Australian citizenship previously issued to the applicant has been lost or destroyed, the officer shall cause an authorised officer to issue to the applicant a certificate evidencing Australian citizenship.

 (12) In this regulation, review means review by a Senior Executive Service officer, within the meaning of the Public Service Act 1922, holding, or performing the duties of, an office in the Department.

9 Fee on lodgment of application for grant of certificate of Australian citizenship

 (1) Subject to subregulations (1A), (1B), (1C) and (2), a fee of $120 is payable on the lodgment of an application under section 13 of the Act for the grant of a certificate of Australian citizenship.

 (1A) The fee payable under subregulation (1) is $20 if:

 (a) the applicant produces evidence, issued by Centrelink or the Department of Veterans’ Affairs, that identifies the applicant as the recipient of:

 (i) an age pension; or

 (ii) a mature age allowance; or

 (iii) a disability support pension; or

 (iv) an age service pension; or

 (v) an invalidity service pension; or

 (b) the applicant:

 (i) is the partner of the recipient of a pension or allowance listed in paragraph (a); and

 (ii) produces evidence, issued by Centrelink or the Department of Veterans’ Affairs, that identifies the applicant as the recipient of a means-tested pension or allowance; and

 (iii) is the recipient of that means-tested pension or allowance because the applicant is the partner of the recipient of a pension or allowance listed in paragraph (a).

 (1B) A fee is not payable under subregulation (1) if an authorised officer is satisfied that the applicant:

 (a) entered Australia from the United Kingdom between 22 September 1947 and 31 December 1967 (inclusive); and

 (b) was a ward of the Minister under the Immigration (Guardianship of Children) Act 1946.

 (1C) A fee is not payable under subregulation (1) if an authorised officer is satisfied that the applicant has completed not less than 3 months of relevant defence service.

Note   See subsection 5 (1) of the Act for the definition of relevant defence service.

 (2) Where:

 (a) an application under section 13 of the Act has been refused solely on the grounds that the applicant did not satisfy the requirements of paragraph 13 (1) (d) or (e) of the Act, or both, as the case may be; and

 (b) the applicant makes a further application under section 13 of the Act; and

 (c) the authorised officer with whom the further application is lodged believes, on reasonable grounds, after consideration of any relevant information supplied to him or her, that:

 (i) the applicant, at the time of lodgment of the further application, satisfies the requirements of paragraphs 13 (1) (d) and (e) of the Act; and

 (ii) that further application is being lodged not later than 3 months after the first day on which the applicant would have satisfied the requirements of paragraph 13 (1) (d) and (e) of the Act if the applicant had lodged an application on that day;

a fee is not payable under subregulation (1) in respect of that further application.

10 Certificate of Australian citizenship

 (1) A certificate of Australian citizenship granted under section 13 of the Act must be in accordance with Form 6A.

 (2) A certificate of Australian citizenship granted under section 32 of the Act must be in accordance with Form 8.

 (3) A certificate of Australian citizenship that includes the name of a child as a result of the operation of item 38 of Schedule 2 to the Australian Citizenship Legislation Amendment Act 2002 in saving subsection 13 (10) of the Act must be in accordance with Form 6.

11 Acceptable reasons for failing to make a pledge of commitment (Act s 14B)

 (1) This regulation declares the acceptable reasons for section 14B of the Act.

 (2) For a person who fails to make a pledge of commitment within 12 months after the day on which the person was notified of a decision by the Minister to grant a certificate of Australian citizenship to the person (the relevant period), the acceptable reasons are as follows:

 (a) that:

 (i) the person was prevented from making a pledge within the relevant period by subsection 14C (4) of the Act because the Minister decided to defer the conferral of Australian citizenship on the person for a period of time (deferral period); and

 (ii) either:

 (A) the deferral period has not yet ended; or

 (B) the deferral period has ended, but the person has not yet had a reasonable period of time since the end of the deferral period in which to make a pledge;

 (b) that:

 (i) the person was unable to make a pledge within the relevant period, either in Australia or at an Australian mission overseas, because during that period, the person had to travel overseas:

 (A) for medical treatment that was not available in Australia; or

 (B) to care for a close relative who was critically ill; and

 (ii) either:

 (A) the person is still unable to make a pledge for the reason mentioned in subparagraph (i); or

 (B) the person is now able to make a pledge, but the person has not yet had a reasonable period of time in which to do so;

 (c) that:

 (i) the person was unable to make a pledge within the relevant period because of an administrative error or omission made by:

 (A) the Commonwealth, a State or Territory; or

 (B) an authority of the Commonwealth, a State or Territory; or

 (C) a local government authority; and

 (ii) either:

 (A) the error or omission has not been rectified; or

 (B) the error or omission has been rectified, but the person has not yet had a reasonable period of time in which to make a pledge.

 (3) A person claiming to have an acceptable reason of the kind mentioned in paragraph (2) (b) or (c) must give the Minister:

 (a) a signed statement in writing to support the claim that includes a description of any effort that the person made to make a pledge of commitment within the relevant period; and

 (b) written evidence that supports the statement.

 (4) For paragraph (2) (b):

close relative, in relation to a person, means:

 (a) the spouse of the person; or

 (b) a child, adopted child, parent, brother or sister of the person; or

 (c) a stepchild, stepmother, stepfather, stepbrother or stepsister of the person; or

 (d) a grandchild or grandparent of the person.

12 Issue of Certificate of Australian Citizenship

 (1) A Certificate of Australian Citizenship may be issued with the signature of the Minister printed or stamped on it as a facsimile signature.

 (2) At a ceremony for the presentation of Certificates of Australian Citizenship, the person making the presentation must, before presenting the certificates, read out the following statement:

“Australian citizenship represents formal membership of the community of the Commonwealth of Australia; and

Australian citizenship is a common bond, involving reciprocal rights and obligations, uniting all Australians, while respecting their diversity; and

Persons granted Australian citizenship enjoy these rights and undertake to accept these obligations

  by pledging loyalty to Australia and its people, and

  by sharing their democratic beliefs, and

  by respecting their rights and liberties, and

  by upholding and obeying the laws of Australia.”.

13 Declaration of renunciation of citizenship

 (1) For subsection 18 (1) of the Act, a declaration of renunciation of Australian citizenship must be in accordance with Form 9.

 (2) For paragraph 53 (f) of the Act, a fee of $260 is payable on the lodgment of the declaration.

14 Declaration of wish to resume Australian citizenship

 (1) For paragraphs 23AA (1) (c) and 23AB (1) (d), and subsections 23A (1) and 23B (1), of the Act, a declaration that a person wishes to resume Australian citizenship must be made in accordance with Form 10.

 (2) A fee of $65 is payable for lodging a declaration mentioned in subregulation (1).

15 Registration of declarations

 (1) For sections 23AA and 23AB of the Act, a declaration is registered by:

 (a) the Minister making a record of the fact that the person who made the declaration has resumed his or her Australian citizenship; and

 (b) the record being included on a data storage system kept by the Department.

 (2) For sections 23A and 23B of the Act, a declaration is registered by:

 (a) the person to whom the declaration was given making a record of the fact that the person who made the declaration has resumed his or her Australian citizenship; and

 (b) the record being included on a data storage system kept by the Department.

16 Certificate evidencing Australian citizenship — resumption of citizenship

  If a declaration under section 23AA, 23AB, 23A or 23B of the Act made by a person seeking to resume Australian citizenship is registered, an authorised officer must issue to the person a certificate evidencing Australian citizenship as soon as practicable.

18 Fee payable in respect of application under subsection 44A (2) of the Act

  A fee of $55 is payable in respect of an application under subsection 44A (2) of the Act for the issue of an evidentiary certificate in relation to the Australian citizenship of a person.

19 Prescribed fee for the purposes of paragraph 46A (1) (c) of the Act

  For the purposes of paragraph 46A (1) (c) of the Act, the prescribed fee is $55.

21A Class of persons declared for the purposes of subparagraph 5A (1) (d) (ii) of the Act

 (1) For the purposes of subparagraph 5A (1) (d) (ii) of the Act, the following class of persons are declared to be permanent residents for the purposes of the Act, namely, that class of persons, being persons who have, or have had, an association with a prescribed Territory, who are not the holders of, or deemed to be included in, a document or endorsement referred to in subparagraph 5A (1) (d) (i) of the Act.

 (2) In relation to a person included in a class of persons referred to in subregulation (1), the specified period referred to in subparagraph 5A (1) (d) (ii) of the Act is, for the purposes of that subregulation, a period when the person was not present in a prescribed Territory or Australia.

22 Review of decisions

 (1) If the Minister cancels the registration of a person’s name, the Minister must, by notice in writing given not later than 30 days after the date of the cancellation, inform the person or persons whose interests are affected by the cancellation of the cancellation and of the grounds for it.

 (2) An application may be made to the Administrative Appeals Tribunal for review of a decision referred to in subregulation (1).

 (3) A notice referred to in subregulation (1) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person whose interests are affected by the decision.

 (4) A failure to comply with the requirements of subregulation (3) in relation to a decision shall not be taken to affect the validity of the decision.

23 Refund of fees

 (1) Where, under regulation 7A, 7E or 9, a fee is paid by a person on lodgment of an application under a provision of the Act and the application:

 (a) is unnecessary because:

 (i) the person has previously lodged an application under that provision on which a decision has not been made; or

 (ii) the person is an Australian citizen; or

 (b) was lodged as a result of incorrect advice given by the Department to the person;

the person is entitled to a refund of an amount equal to the amount of the fee so paid.

 (1A) A person who paid a fee under regulation 7E is entitled to a refund under paragraph 23 (1) (b) only if the incorrect advice given by the Department related to lodging an application under section 10C of the Act.

 (1B) A person who has lodged a declaration under section 18 of the Act and paid the fee mentioned in subregulation 13 (2) is entitled to a refund of that fee if the declaration was lodged because of incorrect advice given by the Department to the person.

 (2) If a person has paid a fee, under subregulation 14 (2), for lodging a declaration under a provision of the Act and the declaration:

 (a) is unnecessary because:

 (i) in the case of a declaration under section 23AA or 23AB of the Act — the person has previously lodged a declaration under that provision on which the Minister has not made a decision; or

 (ii) in the case of a declaration under section 23A or 23B of the Act — the person has previously lodged a declaration under that provision; or

 (b) is unnecessary because the person is an Australian citizen; or

 (c) was lodged as a result of incorrect advice given by the Department to the person;

the person is entitled to a refund of an amount equal to the amount of the fee so paid.

 (3) Where, under regulation 8, 18 or 19, a fee is paid by a person on lodgment of an application under a provision of the Act or these regulations and the application:

 (a) is unnecessary because the person has previously lodged an application under that provision on which a decision has not been made; or

 (b) was lodged as a result of incorrect advice given by the Department to the person;

the person is entitled to a refund of an amount equal to the amount of the fee so paid.

The Schedules  

Schedule 1 Statutory Rules repealed

(regulation 2)

 

Statutory Rules 1956 No. 112

Statutory Rules 1959 No. 23

Statutory Rules 1959 No. 27

Statutory Rules 1959 No. 36

Statutory Rules 1959 No. 78.

Schedule 2 Forms

(subregulation 3 (3))

Form 6 Certificate of Australian citizenship

(subregulation 10 (3))

 

COMMONWEALTH OF AUSTRALIA

 

Australian Citizenship Act 1948

 

CERTIFICATE OF AUSTRALIAN CITIZENSHIP

 

(full name of applicant)

 

born on (date of birth)

having applied for a certificate of Australian citizenship, having satisfied the conditions prescribed by the Australian Citizenship Act 1948 for the grant of such a certificate and having undertaken to fulfil the responsibilities of an Australian citizen,

 

I, the Minister for Citizenship and Multicultural Affairs, grant this certificate of Australian citizenship to the applicant named above who is an Australian citizen on and after (date).

 

Issued by the authority of the Minister for Citizenship and Multicultural Affairs

See Note 1 below

(signature or printed or stamped signature of the Minister)

 

Minister for Citizenship and Multicultural Affairs

 

(signature of the presenter (optional) see Note 2 below)

No. (applicant’s citizenship identity number)

(Office of the presenter — see Note 3 below)

 

CHILDREN INCLUDED IN CERTIFICATE

 

The names of the following children who had not attained the age of 16 years at the time of application and of whom the grantee of this certificate is a responsible parent, have been included in this certificate:

 

Name of child: Date of birth of child:

 

 

(Statement where no children are included — see Note 4 below)

 

 

 

(Signature or printed or stamped
signature of the Minister)
Minister for Citizenship
and Multicultural Affairs

 

Notes

1.   If the certificate is issued by the Minister, substitute the following: ‘Issued by the Minister for Citizenship and Multicultural Affairs’.

2.   If desired, the person (in the above form and in these notes referred to as the presenter) who performs the function of administering the pledge of commitment to the applicant (in the above form and in these notes referred to as the prescribed function) may sign his or her signature where indicated above.

3.   If the presenter signs his or her signature as referred to in Note 2 above following the performance of the prescribed function and the presenter performed that function by virtue of an office held by him or her, the presenter must set out that office where indicated above (eg ‘President, Shire of...’).

4.   If no children are included in the certificate, insert the following statement where indicated above:

 ‘There are no children included in this certificate.’.

Form 6A Certificate of Australian citizenship

(subregulation 10 (1))

 

COMMONWEALTH OF AUSTRALIA

Australian Citizenship Act 1948

CERTIFICATE OF AUSTRALIAN CITIZENSHIP

(full name of applicant)

born on (date of birth)

having applied for a certificate of Australian citizenship, having satisfied the conditions prescribed by the Australian Citizenship Act 1948 for the grant of such a certificate and having undertaken to fulfil the responsibilities of an Australian citizen,

I, the Minister for Citizenship and Multicultural Affairs, grant this certificate of Australian citizenship to the applicant named above who is an Australian citizen on and after (date).

 

Issued by the authority of the Minister for Citizenship and Multicultural Affairs

See Note 1 below

(signature or printed or stamped signature of the Minister)

 

Minister for Citizenship and Multicultural Affairs

 

(signature of the presenter (optional) see Note 2 below)

No. (applicant’s citizenship identity number)

(Office of the presenter — see Note 3 below)

Notes

1.   If the certificate is issued by the Minister, substitute the following: ‘Issued by the Minister for Citizenship and Multicultural Affairs’.

2.   If desired, the person (in the above form and in these notes referred to as the presenter) who performs the function of administering the pledge of commitment to the applicant (in the above form and in these notes referred to as the prescribed function) may sign his or her signature where indicated above.

3.   If the presenter signs his or her signature as referred to in Note 2 above following the performance of the prescribed function and the presenter performed that function by virtue of an office held by him or her, the presenter must set out that office where indicated above (eg ‘President, Shire of...’).

Form 8 Certificate of Australian citizenship

(subregulation 10 (2))

 

COMMONWEALTH OF AUSTRALIA

 

Australian Citizenship Act 1948

 

CERTIFICATE OF AUSTRALIAN CITIZENSHIP

 

Under section 32 of the Australian Citizenship Act 1948, I certify that (name of applicant), born on (applicant’s date of birth), is an Australian citizen.

 

Dated 20    .

 

 

(signature or printed or stamped signature of the Minister)

 

Minister for Citizenship and

Multicultural Affairs

Form 9 Declaration of renunciation of Australian citizenship

(subregulation 13 (1))

 

Australian Citizenship Act 1948

 

DECLARATION OF RENUNCIATION OF AUSTRALIAN CITIZENSHIP

 

I, (name of person making declaration) ,

 

of (address of that person) ,

 

being an Australian citizen, declare that I renounce my Australian citizenship under subsection 18 (1) of the Australian Citizenship Act 1948.

 

(signature)
 

 

Declared at (place) on 20 .

Form 10 Declaration of desire to resume Australian citizenship

(subregulation 14 (1))

 

Australian Citizenship Act 1948

 

DECLARATION OF DESIRE TO RESUME AUSTRALIAN CITIZENSHIP UNDER SECTION 23AA, 23AB, 23A OR 23B OF THE ACT

I, (name of person making declaration) ,

of (address of that person) ,

having ceased to be an Australian citizen, declare that I wish to resume Australian citizenship.

(signature)

 

 

Declared at (place) on 20  .

 

Notes to the Australian Citizenship Regulations 1960

Note 1

The Australian Citizenship Regulations 1960 (in force under the Australian Citizenship Act 1948) as shown in this compilation comprise Statutory Rules 1960 No. 62 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.  From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series).  Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1960 No. 62

18 Aug 1960

18 Aug 1960

 

1961 No. 120

5 Oct 1961

5 Oct 1961

1964 No. 1

16 Jan 1964

16 Jan 1964

1965 No. 8

18 Jan 1965

18 Jan 1965

1965 No. 146

14 Oct 1965

14 Oct 1965

1967 No. 149

16 Nov 1967

16 Nov 1967

1968 No. 129

31 Oct 1968

31 Oct 1968

1969 No. 72

22 May 1969

22 May 1969

1970 No. 9

5 Feb 1970

5 Feb 1970

1970 No. 189

10 Dec 1970

10 Dec 1970

1973 No. 29

15 Feb 1973

20 Feb 1973

1973 No. 196

4 Oct 1973

1 Dec 1973 (see r. 1 and Gazette 1973 No.140)

1975 No. 181

12 Sept 1975

16 Sept 1975

1976 No. 269

15 Dec 1976

15 Dec 1976

1978 No. 272

21 Dec 1978

21 Dec 1978

1979 No. 143

26 July 1979

26 July 1979

1980 No. 339

28 Nov 1980

28 Nov 1980

1981 No. 112

26 May 1981

26 May 1981

1982 No. 118

4 June 1982

4 June 1982

1983 No. 68

2 June 1983

2 June 1983

1984 No. 252

27 Sept 1984

1 Oct 1984

R. 7

1984 No. 351

30 Nov 1984

30 Nov 1984

R. 11
R. 12 (am. by 1987 No. 88, r. 2; 1988 No. 325, r. 1)

as amended by

 

 

 

1987 No. 88

27 May 1987

1 June 1987

1988 No. 325

2 Dec 1988

2 Dec 1988

1985 No. 260

30 Sept 1985

1 Oct 1985

1986 No. 209

18 Aug 1986

20 Aug 1986

1986 No. 210

20 Aug 1986

20 Aug 1986

1986 No. 223

29 Aug 1986

1 Sept 1986

1986 No. 306

24 Oct 1986

24 Oct 1986

R. 3

1987 No. 87

27 May 1987

1 June 1987

1987 No. 312

22 Dec 1987

1 Jan 1988

1988 No. 324

2 Dec 1988

2 Dec 1988

1989 No. 140

30 June 1989

1 July 1989

1989 No. 222

23 Aug 1989

1 Sept 1989

1991 No. 28

6 Mar 1991

6 Mar 1991

1991 No. 221

5 July 1991

18 June 1991

1991 No. 305

30 Sept 1991

1 Oct 1991

1991 No. 486

10 Jan 1992

15 Jan 1992

1992 No. 171

25 June 1992

25 June 1992

1993 No. 55

4 May 1993

1 Feb 1993

1993 No. 362

23 Dec 1993

Rr. 8 and 9.2: 24 Jan 1994 (see r. 1.1)
Remainder: 23 Dec 1993

1994 No. 218

30 June 1994

1 July 1994

1994 No. 262

28 July 1994

1 Sept 1994

1995 No. 267

12 Sept 1995

1 Nov 1995

1996 No. 78

5 June 1996

1 July 1996

1996 No. 212

30 Sept 1996

1 Oct 1996

1997 No. 262

24 Sept 1997

1 Jan 1998

2001 No. 237

5 Sept 2001

1 Nov 2001

2002 No. 85

9 May 2002

1 July 2002 (see r. 2 and Gazette 2002, No. GN18)

2005 No. 53

30 Mar 2005 (see F2005L00737)

Rr. 1–3 and Schedule 1:
2 Apr 2005
Remainder: see r. 2 (b) and Note 2

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2001 No. 237

R. 2.................

am. 1993 No. 362; 1997 No. 262

R. 3.................

am. 1970 No. 9; 1973 No. 196; 1975 No. 181; 1978 No. 272; 1984 No. 351; 1988 No. 324; 1993 No. 362; 1996 No. 78; 2001 No. 237; 2002 No. 85; 2005 No. 53

R. 4.................

am. 1987 No. 312

 

rs. 2002 No. 85

R. 4A................

ad. 2002 No. 85

R. 5.................

am. 1970 No. 9; 1973 No. 196; 1975 No. 181

 

rep. 1987 No. 87

 

ad. 1987 No. 312

 

rs. 1991 No. 221

 

am. 1993 No. 55; 1994 No. 262

R. 5A................

ad. 1961 No. 120

 

am. 1964 No. 1; 1965 Nos. 8 and 146; 1967 No. 149; 1968 No.129

 

rep. 1970 No. 9

 

ad. 1970 No. 189

 

rs. 1973 No. 29

 

rep. 1973 No. 196

 

ad. 1975 No. 181

 

rs. 1976 No. 269; 1979 No. 143; 1980 No. 339; 1981 No. 112; 1982 No. 118; 1983 No. 68

 

rep. 1987 No. 87

R. 6.................

rs. 1970 No. 9

 

rep. 1987 No. 87

R. 7.................

am. 1964 No. 1; 1965 No. 146; 1970 No. 9; 1975 No. 181

 

rs. 1984 No. 351

 

am. 1987 No. 87; 1988 No. 324; 1993 No. 362

 

rs. 2005 No. 53

R. 7A................

ad. 1964 No. 1

 

am. 1978 No. 272

 

rs. 1984 No. 351

 

am. 1985 No. 260; 1986 No. 223; 1987 No. 87; 1991 No. 305; 1994 No. 218

 

rs. 1996 No. 78

R. 7B................

ad. 1964 No. 1

 

am. 1973 No. 196

 

rs. 1984 No. 351

 

am. 1988 No. 324

 

rs. 2005 No. 53

R. 7C................

ad. 1964 No. 1

 

rs. 1984 No. 351

 

am. 1988 No. 324; 1993 No. 362

 

rs. 2005 No. 53

R. 7D................

ad. 1964 No. 1

 

am. 1970 No. 9

 

rs. 1984 No. 351; 1987 No. 87

 

am. 1988 No. 324

 

rep. 2005 No. 53

R. 7E................

ad. 1970 No. 9

 

rep. 1984 No. 351

 

ad. 1991 No. 486

 

am. 1994 No. 218

R. 7F................

ad. 1970 No. 9

 

am. 1973 No. 196

 

rep. 1984 No. 351

 

ad. 1991 No. 486

 

rs. 2005 No. 53

Heading to r. 7G........

rs. 2002 No. 85

R. 7G................

ad. 1970 No. 9

 

rep. 1980 No. 339

 

ad. 1991 No. 486

 

am. 2002 No. 85

 

rep. 2005 No. 53

R. 7H................

ad. 1991 No. 486

Heading to r. 8..........

rs. 2002 No. 85

R. 8.................

am. 1970 No. 9; 1973 No. 196; 1975 No. 181; 1980 No. 339; 1984 No. 351; 1985 No. 260; 1987 Nos. 87 and 312; 1988 No. 324; 1991 No. 305; 1994 No. 218; 1996 No. 78; 2002 No. 85

R. 8A................

ad. 1991 No. 221

 

rep. 2005 No. 53

R. 8B................

ad. 1991 No. 221

 

rep. 2005 No. 53

Heading to r. 8C........

rs. 2002 No. 85

R. 8C................

ad. 1991 No. 221

 

am. 2002 No. 85

 

rep. 2005 No. 53

R. 9.................

rs. 1970 No. 9

 

rep. 1973 No. 196

 

ad. 1986 No. 210

 

am. 1989 No. 140; 1991 Nos. 28 and 305; 1992 No. 171; 1994 No. 218; 1995 No. 267; 1996 No. 212; 1997 No. 262; 2001 No. 237; 2002 No. 85

R. 10................

rs. 1970 No. 9

 

am. 1973 No. 196

 

rs. 1984 No. 252

 

am. 1986 No. 306; 1991 No. 28

 

rs. 1993 No. 362; 2002 No. 85

R. 11................

ad. 2002 No. 85

R. 10A...............

ad. 1970 No. 9

 

am. 1973 No. 196

 

rep. 1984 No. 252

R. 11................

am. 1969 No. 72; 1970 No. 9

 

rs. 1973 No. 196

 

am. 1975 No. 181; 1980 No. 339; 1984 No. 351; 1987 Nos. 87 and 312; 1993 No. 362

 

rep. 1996 No. 78

R. 12................

am. 1970 No. 9; 1984 No. 252

 

rs. 1993 No. 362

 

am. 1993 No. 362

R. 13................

am. 1970 No. 9; 1973 No. 196; 1984 No. 351

 

rs. 2001 No. 237

R. 13A...............

ad. 1984 No. 351

 

am. 1986 No. 209; 1988 No. 324; 1996 No. 78

 

rep. 2002 No. 85

R. 13B...............

ad. 1987 No. 87

 

rep. 2002 No. 85

Rr. 14, 15.............

am. 1970 No. 9; 1973 No. 196

 

rs. 2002 No. 85

R. 16................

am. 1970 No. 9; 1973 No. 196

 

rs. 1987 No. 87

 

am. 1994 No. 218

 

rs. 2002 No. 85

R. 17................

am. 1970 No. 9; 1978 No. 272; 1984 No. 351

 

rs. 1987 No. 87

 

am. 1988 No. 324

 

rep. 2002 No. 85

R. 18................

rs. 1987 No. 87

 

am. 1991 No. 305; 1994 No. 218

R. 19................

am. 1970 No. 9

 

rep. 1984 No. 252

 

ad. 1987 No. 87

 

am. 1991 No. 486; 1994 No. 218

R. 20................

am. 1970 No. 9; 1978 No. 272

 

rep. 1987 No. 87

R. 21................

rep. 1965 No. 8

 

ad. 1984 No. 351

 

rep. 1987 No. 312

R. 21A...............

ad. 1984 No. 351

R. 22................

am. 1970 No. 9; 1973 Nos. 29 and 196

 

rs. 1984 No. 351

 

am. 1987 No. 312; 1988 No. 324; 2005 No. 53

R. 23................

am. 1973 No. 29

 

rep. 1984 No. 351

 

ad. 1989 No. 222

 

am. 1991 No. 486; 2001 No. 237; 2002 No. 85

R. 24................

am. 1973 No. 29

 

rep. 1984 No. 351

R. 25................

am. 1961 No. 120; 1973 No. 29

 

rep. 1984 No. 351

R. 26................

am. 1973 No. 29; 1973 Nos. 29 and 196

 

rep. 1984 No. 351

R. 27................

am. 1973 No. 29

 

rep. 1984 No. 351

Heading to First Schedule.

rep. 1993 No. 362

Heading to Schedule 1....

ad. 1993 No. 362

Heading to Second
Schedule

rep. 1993 No. 362

Second Schedule.......

am. 1964 No. 1; 1969 No. 72

 

rs. 1970 No. 9; 1973 No. 196

 

am. 1975 No. 181; 1978 No. 272; 1980 No. 339; 1984 Nos. 252 and 351; 1986 Nos. 209 and 306; 1987 Nos. 87 and 312; 1988 No. 324

Heading to Schedule 2....

ad. 1993 No. 362

Schedule 2............

am. 1993 No. 362; 1996 No. 78; 2002 No. 85

Form 1..............

rs. 1973 No. 196

 

am. 1975 No. 181

 

rep. 1987 No. 87

Form 2..............

rs. 1973 No. 196; 1984 No. 351

 

rep. 2005 No. 53

Form 3..............

rs. 1973 No. 196

 

rep. 1980 No. 339

Form 4..............

rs. 1973 No. 196

 

rep. 1980 No. 339

Form 5..............

rs. 1973 No. 196

 

rep. 1980 No. 339

Form 6..............

rs. 1973 No. 196

 

am. 1978 No. 272

 

rs. 1980 No. 339; 1984 No. 252; 1986 No. 306

 

am. 1988 No. 324

 

rs. 1993 No. 362

 

am. 1996 No. 78

 

rs. 2002 No. 85

Form 6A............

ad. 2002 No. 85

Form 7..............

rs. 1973 No. 196

 

am. 1978 No. 272

 

rs. 1980 No. 339; 1984 No. 252

 

rep. 1986 No. 306

Form 8..............

rs. 1973 No. 196

 

am. 1978 No. 272

 

rs. 1984 No. 252

 

am. 1988 No. 324; 1993 No. 362; 1996 No. 78

 

rs. 2002 No. 85

Heading to Form 9.....

rs. 2001 No. 237

Form 9..............

rs. 1973 No. 196

 

am. 1984 No. 351; 1987 No. 312

 

rs. 1993 No. 362; 2002 No. 85

Form 9A............

ad. 1984 No. 351

 

rs. 1986 No. 209

 

am. 1993 No. 362

 

rep. 1996 No. 78

Form 10.............

rs. 1973 No. 196

 

am. 1987 No. 312

 

rs. 1993 No. 362; 1996 No. 78; 2002 No. 85

Form 11.............

rs. 1973 No. 196

 

rep. 1987 No. 87

Form 12.............

rs. 1973 No. 196

 

rep. 1987 No. 312

Third Schedule.........

am. 1961 No. 120

 

rep. 1965 No. 8

Note 2

Australian Citizenship Amendment Regulations 2005 (No. 1)

The following amendments commence on 1 July 2005:

Schedule 1

[1] Subregulation 9 (1)

after

(1A),

insert

(1AA),

[2] Subregulation 9 (1A)

substitute

 (1A) The fee payable under subregulation (1) is $20 if the applicant:

 (a) produces evidence, issued by Centrelink, that identifies the applicant as the recipient of at least 1 of the following:

 (i) an age pension under Part 2.2 of the Social Security Act 1991;

  (ii) a disability support pension under Part 2.3 of that Act;

 (iii) a carer payment under Part 2.5 of that Act;

 (iv) a mature age allowance under Part 2.12A or 2.12B of that Act;

 (v) a special benefit under Part 2.15 of that Act which the applicant has been receiving for at least 46 of the previous 52 weeks; or

 (b) produces evidence, issued by Centrelink, that identifies the applicant as a person who is over 60 years old at the time of application for grant of a certificate, and the recipient of at least 1 of the following for at least the period of 9 months immediately before the application:

 (i) a widow allowance under Part 2.8A of the Social Security Act 1991;

 (ii) a parenting payment under Part 2.10 of that Act;

 (iii) a newstart allowance under Part 2.12 of that Act;

 (iv) a sickness allowance under Part 2.14 of that Act;

 (v) a special benefit under Part 2.15 of that Act;

 (vi) a partner allowance under Part 2.15A of that Act; or

 (c) produces evidence, issued by the Department of Veterans’ Affairs, that identifies the applicant as the recipient of at least 1 of the following:

 (i) an age service pension under Division 3 of Part III of the Veterans’ Entitlements Act 1986;

 (ii) an invalidity service pension under Division 4 of Part III of that Act;

 (iii) an income support supplement under Part IIIA of that Act.

 (1AA) The fee payable under subregulation (1) is $20 if the applicant:

 (a) is the partner of the recipient of a pension, allowance, payment, benefit or supplement mentioned in subregulation (1A), other than a partner allowance under Part 2.15A of the Social Security Act 1991; and

 (b) produces evidence, issued by Centrelink or the Department of Veterans’ Affairs, that identifies the applicant as the recipient of a means-tested pension, allowance, payment, benefit or supplement; and

 (c) is the recipient of that means-tested pension, allowance, payment, benefit or supplement because the applicant is the partner of the recipient of a pension, allowance, payment, benefit or supplement listed in subregulation (1A), other than a partner allowance under Part 2.15A of the Social Security Act 1991.

[3] Paragraph 9 (1B) (a)

after

the United Kingdom

insert

or Malta

As at 2 April 2005 the amendments are not incorporated in this compilation.