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Schedule 1 Statutory Rules repealed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.
(1) The Citizenship Regulations (comprising the Statutory Rules specified in Schedule 1) are repealed.
(2) Every certificate issued and appointment, application, claim or declaration made under the Regulations repealed by subregulation (1), or under the Regulations repealed by those first-mentioned Regulations, and in force or subsisting immediately before the commencement of these regulations shall be deemed to have been issued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.
(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).
(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.
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.
(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.
(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.
(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 | Date of notification | Date of | Application, saving or |
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 |
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) | — |
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: | — |
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 | 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.