this section; and [10]. (2) The Citizenship Act 19481969 is in this Act referred to as the Principal Act. False representations, &c. (2) A prosecution for an offence against the last preceding subsection may B., renouncing all other allegiance, swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Elizabeth the Second, Queen of Australia, Her heirs and successors according to law, and that I will faithfully observe the laws of Australia and fulfil my duties as an Australian citizen. this section, not less than three months' service in the permanent forces of Nationality and Citizenship Act 1967 No. (3) A person who has been granted a certificate of Australian citizenship under sub-section (8) of section 14 by virtue of being the wife or husband of a person referred to in paragraph (d) of that sub-section shall not take an oath of allegiance, or make an affirmation of allegiance, referred to in sub-section (1) of this section before that last-mentioned person has taken such an oath or made such an affirmation. entitled An Act Making the Citizenship of Philippine Citizens Who . 18. 99, 1973, ss. 23d. 8A. [77], This Act incorporated a preamble into the Australian Citizenship Act 1948 to recognise the significance of Australian citizenship as a common bond uniting all Australians involving reciprocal rights and obligations. Inserted by No. comply with the proviso referred to in that sub-section, have been a British The fraud may have occurred at the time of immigration or at the time application for citizenship. (a) there is not, at the time of the application, a subsisting court order of a country, to which section 7 applies. [70] The Minister announced that the resource book for the test will be rewritten, that the pass mark would be raised and that questions would focus on knowledge relevant to the Pledge of Commitment rather than on broader general knowledge of Australian history and culture. (1) This Act may be cited as the Australian Citizenship Act 1973. person is an Australian citizen, that person may make a declaration renouncing 22, 1969, s. 12; amended by No. P Wong, Second reading speech: Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009, Senate, Debates, 25 June 2009, p. 2. 53, 199697, Parliamentary Library, Canberra, 1996, viewed 4 June 2009, http://www.aph.gov.au/library/pubs/bd/1996-97/97bd053.htm, [81]. country, the Minister may refuse to register the declaration. Notes to the Australian Citizenship Act 1973. References in Commonwealth and Territory laws to British subjects. 83 of 1948 as amended [Note: This Act was repealed by Act No. 140, p. 1). Since 1973 and until 1984, a citizen of a Commonwealth country (including Australia) had the status of a British subject. What Are The Benefits Of Obtaining The Italian Dual Citizenship? These changes represented a departure from, and possibly an end to, the trend of making citizenship easier to acquire. but he shall be deemed not to be so resident if he resides in that country for computing the aggregate period mentioned in that paragraph. AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. The Act created Australian citizenship and the conditions by which it could be acquired. Migration continues to shape the nation: the planning target for the permanent migration program in 200910 is set at 168700 places, with a further 13750 places for humanitarian entrants. registered at an Australian consulate within five years after its occurrence, The main provisions of the Act were that: However, under the Act, British subjects who wished to become Australian citizens could do so quickly and easily, whereas aliens, that is foreigners resident in Australia who were not British subjects, found it a lot harder. After that date, all migrants had to meet the same criteria for naturalisation as an Australian citizen (grant of citizenship). In his foreword to the discussion paper, then Parliamentary Secretary to the Minister for Immigration and Multicultural Affairs, Andrew Robb, stated that Australia has successfully combined people into one family with one overriding culture, based on a set of common values and that it was critical that new immigrants understand the Australian way of life and our shared values and demonstrate a commitment to contributing to that way of life and accepting those values. What is wrong with discrimination when there are valid overwhelming reasons to discriminate? Immigration was at the time administered separately by the states. The Australian Citizenship Amendment (Citizenship Testing) Act 2007 introduced the new test requirements for citizenship applicants. (a) who has not attained the age of twenty-one years; The Minister is prohibited by s 24 (4A) of the Australian Citizenship Act 2007 (Cth) from granting a person Australian citizenship if the person has been sentenced to a term of imprisonment of 5 years or more unless it would be unreasonable, taking into account the circumstances of the person's conviction, to apply this prohibition. [58]. The provision allowing non-permanent resident children under the age of 18 to be eligible for Australian citizenship by conferral has been a part of the legislation since the Nationality and Citizenship Act 1948 up until the passing of the Australian Citizenship Act 2007. (b) will, if the declaration is registered, become a national or citizen of The same residency, good character, and language requirements applied equally to everyone. ''the Immigration Act'' means the Immigration Restriction Act 1901, and, 188, 200607, Parliamentary Library, Canberra, 2007, viewed 19August 2009. AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. immediately before his death, but that nothing else which could have affected Sub-sections 30 (3) and (4) were substituted by sub-section 17 (1) of the The Principal Act is amended as set out in the Schedule to this Act. An Act to amend the Citizenship Act 1948-1969. (1) Sections 1, 2 and 22 shall come into operation on the day on which this Act receives the Royal Assent. AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. The early sixties saw a renewed push behind Australias immigration program by the Menzies Government. date to be fixed by Proclamation.'' Despite the formal . [26], In 1972, the Labor Party led by Gough Whitlam won Government following 23 years in Opposition. Amended by No. The requirements Australian citizenship imposes, mainly to enrol to vote and to vote, and possibly do jury service, are not onerous and would be considered by many to be advantageous aspects of citizenship. [25]. 17 September was chosen as Australian Citizenship Day as it is the anniversary of the renaming, in 1973, of the Nationality and Citizenship Act 1948 to the Australian Citizenship Act 1948. Over forty-five percent of arrivals were from the United Kingdom and Ireland, increasing from around a third to almost a half of all settler arrivals in this decade. (5) A prescribed evidentiary certificate is, unless the certificate is shown to have been revoked either before or after the commencement of this section, (8) A prescribed evidentiary certificate, a certificate under sub-section (8) of section 11, The Second and Third Schedules to the Principal Act are repealed and the following Schedules substituted:. However, concerns with the immigration program and the low numbers of those becoming Australian citizens persisted with articles in the press in 1955 alleging that migrants would not have any truck with the Australian way of life and did their utmost to bind their children with old national ties. (3). From 1 December 1973 the preferential treatment for British subjects was ended by the Australian Citizenship Act 1973. [50] This decision was mainly aimed at Chinese nationals who had been in Australia on temporary entry permits, many of whom had come following the 1989 Tiananmen Square massacre, as well those from war-torn Sri Lanka and the former Yugoslavia. further period as the Minister allows, that he wishes to resume British The Ministry of Refugee, Immigration and Integration Affairs provides information on how to acquire Danish nationality (citizenship) including the Danish citizenship test. AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. ''(2) A person who, immediately before the date of commencement of this of an Act; [40] A 1985 Immigration Department survey indicated that, on average, 14 jobs had been generated by each migrant to the country and large sums of money were being generated by migrants businesses. Inserted by No. A vast increase in the population was seen as key to developing a defensive capability following the demonstration of Australias military vulnerability during the Second World War, and to strengthening a workforce severely affected by the war. authorized officer means an officer authorized by the Secretary to issue certificates under this section; prescribed evidentiary certificate means, (a) a certificate issued under sub-section (2) of this section; or. (b) of the fact that the particulars set out in accordance with paragraph Australian Citizenship Council, Australian citizenship for a new century, DIMA, Canberra, 2000. It was renamed the Australian Citizenship Act in 1973. There was an equivalent number arriving from Asian countries with those from Hong Kong and China together making up 11.9 per cent and Vietnam 5.7 per cent of the total number of settlers.[54]. (b) where the name of any other person was included in the certificate of It was no longer compulsory to make a Declaration of Intention to apply for naturalisation two years before the final application for naturalisation was lodged with the Department of Immigration. 136, 200001, Parliamentary Library, Canberra, 2001, viewed 2 July 2009, http://www.aph.gov.au/library/pubs/bd/2000-01/01BD136.htm. Persons may resume citizenship lost under s. 23. This is because at the time of Federation, and until at least the Second World War, most Australians identified themselves as British. The Minister was given discretionary powers to waive the residence requirement or shorten the period for husbands and wives of Australians. 3(2), 46, 813, 15(1), 16 and 1821: 1 Dec 1973 (see Gazette 1973, No. issued by a person by authority of the Minister shall, unless it is proved not ''(2) Where immediately before the date of commencement of this section, a Posthumous children. sub-section (1) unless she takes an oath, or makes an affirmation, in a certificate of Australian citizenship shall, if not already an Australian The Act also provides for a prohibition on the Minister approving applications where the applicant has been assessed by Australian Security and Intelligence Organisation as being a direct or indirect risk to Australias security. 78, 200102, Parliamentary Library, Canberra, 2002, viewed 8 July 2009, http://www.aph.gov.au/library/pubs/bd/2001-02/02bd078.htm, [85]. 12. Refugee numbers also declined dramatically in this period, from 75486 in 1949 to only 446 in 195354.[16]. without proof of the signature of the person signing it or of the fact that he Family reunion declined as a percentage of the immigration program from close to 69 per cent in 199596 down to approximately 47 per cent in 199697. [48], The Migration Reform Act passed in 1992 codified the immigration program into law through the introduction of a universal visa system. operation on 1 June 1959 (see Gazette 1959, p. 1831). in relation to a person, is- Added by No. his mother was at the time of his birth a British subject ordinarily resident to persons connected with the Governments of other parts of the Queen's under sub-section (8) of section 14 by virtue of being the wife or husband of It described the merits of a test as encouraging integration, promoting the value of citizenship and ensuring applicants had appropriate English language skills. Persons who were naturalised previously and given State and colonial naturalisations were deemed to be naturalized. of some material fact, be conclusive evidence that the person was an including a reference to a person to whom a certificate of Australian The status of an Australian citizen is determined by the Australian Nationality Law, and it is this law that decides if the person is a citizen of Australia or not. 22, 1969, s. 22. However, non-British subjects who were permanent residents could also be called up for national service and be liable for overseas service. 21) Yes (as amended) Australian Civilian Corps Act 2011 2011 (No. In 1984 the law was altered so that Australian citizens would no longer be considered British subjects, and British citizens arriving in Australia would no longer be able to vote in elections until they had become Australian citizens. person resided continuously in Australia or New Guinea, or partly in Australia (b) satisfies the Minister that he is suffering (otherwise than The citizenship legislation was introduced to the House of Representatives by Arthur Calwell, Australias first immigration minister. Statute Law Revision Act 1973 No. 1958 No. John Goldlust, Understanding Citizenship in Australia, Bureau of Immigration, Australian Government Publisher, Canberra, 1996. (2) A person included in any such class shall, as from the date so Formalities regarding oath or affirmation of allegiance. [57]. (c) Section 2 of the Australian Citizenship Act 1973 provides as follows: It is also the beginning of your formal membership of the Australian community. commencement of this section, from the permanent forces of the Commonwealth, Minister. The Second and Third Schedules to the Principal Act are repealed and the following Schedules substituted:, SCHEDULE 2 Section 15. than paragraphs (a) and (b)), 9 to 11 (inclusive), 12 (other than paragraph (a) the Minister shall not, if the birth of the person has not been Everyone still had the status of a British subject. [70]. (3) An application under sub-section (2) may be made whether or not the (1) Section 4 of the Principal Act is amended by omitting the words. citizenship; and This period also saw a surge in the numbers of those attaining citizenship following the introduction of a new and simplified application form in 1961: 53211 people became citizens in 1962 which was an increase of more than 10000 people on the previous year. Application of this Act to certain citizens of Pakistan and Republic of South Africa. A number of senior political figures, including the then Prime Minister, John Howard, repeatedly raised as an issue the failure of small sections of the Islamic community in Australia to integrate and to learn English. A Calwell, Ministerial Statement: Immigration, Senate and House of Representatives, Debates, 8 September 1949, p. 140. . and under the law specified in the evidentiary certificate, granted to the The card reads "Ilarione Cappeluti. Before that, anyone born or naturalised (made a citizen) in Australia was a British subject. Substituted by No. particulars relating to the former nationality or citizenship of the person to 36. See, for example, K Andrews (Minister for Immigration and Citizenship), Citizenship: committing to a way of life, The Sydney papers, vol. The Australian Citizenship Act 1973 as shown in this compilation comprises Act No. J Howard (Prime Minister), Counter-terrorism laws strengthened, media release, 8 September 2005, viewed 16 July 2009, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2FM98H6%22, [61]. The September 11 terrorist attacks in the United States, bombings in Bali, high profile rape cases in Sydney involving men from families of Lebanese background and racially motivated riots in Cronulla in 2005 became focal points for public debate over assimilation, immigration, racism and a perceived conflict between Islam and mainstream Australian values. the declaration shall cease to be an Australian citizen. 99, In January 2007, the Department of Immigration and Multicultural Affairs was renamed the Department of Immigration and Citizenship. Social Policy and Law and Bills Digest Sections. AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. [55] The family stream was to continue to decline as a percentage of the program over the following decade. production of a copy of the order together with a certificate signed by an 99, 1973, s. 20. responsible parent or guardian. 99, 1973, s. 14. Australian citizenship could be acquired by: Previously, women who lost their British nationality if they married aliens or if their husband acquired another nationality could regain their citizenship if they were resident in Australia. Nationality and Citizenship (Burmese) Act 1950-1973. (b) sub-sections (2) and (3) of that section do not apply in relation to Australian citizen, a citizen of a country to which section 7 applies or an 22, 1969, s. 15; and No. The residence requirement was three years. For further information see E Perdikogiannis, Migration Legislation Amendment Bill (No. (2) The oath or affirmation of allegiance referred to in sub-section (1) shall, (a) be taken or made before a Judge of a Federal Court or a Judge or Magistrate holding office under the law of a State or Territory or before a person, or a person included in a class of persons, approved by the Minister; and. of section 11C of the Citizenship Act 1948-1969 or of that Act as amended or a 216 of 1973, Australian Citizenship (Transitionals and Consequentials) Act 2007. Delegation by Minister. residence with his father or mother; or acquires, under the law of some country other than Australia, the nationality 30/66, Entry into Australia of non-Europeans, 15 March 1966 quoted in Armit, p. 194. ''(2) Sub-section (1) of section 3, sections 7 and 14, sub-section (2) of Short title. A Calwell, Senate and House of Representatives, Debates, 22 November 1946, p. 508. This Act established a statutory entitlement to a particular visa or permit based on the satisfaction of selection criteria. The Labor Partys election platform called for a non-racially based immigration policy and ratification of the International Convention for the Elimination of All Forms of Racial Discrimination. * * * * * * * *. (c) an Ordinance of a Territory and any other law in force in a Territory; evidence that he was an Australian citizen at an earlier date. certificate or by later amending the certificate, the name of a child who has The conference recommended that each member of the Commonwealth should define who were or could become its citizens and then declare its citizens and those of all other Commonwealth countries to be British subjects. The primary law governing nationality regulations is the Australian Citizenship Act 2007, which came into force on 1 July 2007 and is applicable in all states and territories of Australia . [12]. (d) who enters Australia and has the status of a British subject, but is AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. Australian citizenship is a privilege that offers enormous rewards. (6) A person who, but for this sub-section, would, under this section, have [26]. (5) A reference in sub-section (1) to a person to whom a certificate of [32] Responses were sought from the community and the then minister reported that most supported moderate to high levels of immigration to fuel population growth. 1960 No. Citizenship Act 1958. that status also has the status of a British subject by virtue of this 53. to be the status or description applicable to him at the time of his death. (7) Paragraphs (f) and (g) of sub-section (1) do not apply in relation to a person who, (a) has attained the age of sixty years; or. It also provided for a statutory two-tier merits review system of migration decisions. (2) Where the Secretary is satisfied that a person referred to in section citizenship to a person- (4) For the purpose of paragraph (d) of sub-section (1), the Minister may, in such cases as he thinks fit, allow periods of residence or service earlier than eight years preceding the date of the application to be reckoned in computing the aggregate period mentioned in that paragraph. giving custody of the child exclusively to a person or persons other than the Calwell was at pains to point out that Australians would remain British subjects while also becoming Australian citizens. [45]. (a) has attained the age of sixty years; or 22, 1969 4 June 1969 (b) [72]. 22, 1969, s. 22; and No. Cross-bencher and former Labor Premier of New South Wales Jack Lang asserted that the Act did not explain what being an Australian citizen meant in terms of rights and privileges. Citizenship of children who ceased to be British subjects on loss of British nationality of parent. (b) a person who had applied for, or was issued with, a certificate of Citizenship and Immigration Canada provides information on becoming a Canadian citizen including eligibility requirements and required knowledge for the citizenship test. 22, 1969, s. 17. Persons having status of British subjects 8. 1. for the purposes of this Act. Since it was passed, the Nationality and Citizenship Act 1948 has been amended more than 30 times as attitudes towards immigration have changed. The preamble makes clear that these rights and obligations are enshrined in the Constitution and our laws. [28] Uganda United Kingdom and Colonies Independent State of Western Samoa Republic Australian citizenship, certify accordingly; 3) 1996, Bills digest, no. Added by No. Then Immigration Minister, Al Grassby, spoke in 1973 of the family of a nation in order to describe his Governments aim of achieving a multicultural Australia through changes to the citizenship legislation, renamed in that year as the Australian Citizenship Act 1948. [75]. Most applicants must meet a residency test, by showing you've been in Australia for the previous four years, including the last 12 months as a permanent resident. [64] The main source countries for settlers in Australia in 200708 were the UK (15 per cent), New Zealand (13.4 per cent), India (11 per cent), China (10.3 per cent) and South Africa (3.8 per cent). The nation-building effect of managed migration has been significant: since 1945, over 6.5 million people have migrated to Australia, and since 1949 over 4 million people have acquired Australian citizenship. (b) a person who has been discharged, whether before or after the 99, 1973, s. 20. Territory, was deemed to be a naturalized British subject by reason of his Confinement in gaol not to be reckoned as residence. Omit the twenty-sixth day of January, One thousand nine hundred and forty-nine (wherever occurring), substitute 26th January, 1949. = amended rep. = repealed rs. New visa categories were introduced in 1981 including Labour Shortage and Business Migration as well as Independent Migration favouring those with needed skills and those with family already in Australia. However, the treatment of those placed in mandatory detention came under increased criticism from a number of churches, community groups as well as human rights agencies. 3. The idea of Australian citizenship came under renewed scrutiny following the publication of the report, Australians All Enhancing Australia Citizenship, in 1994. Nationality and Citizenship Act Persons from Asia, Africa or the Pacific Islands were precluded from applying for naturalisation. amended, be deemed to have been, at that time, an Australian Consulate.'' (5) In the application of the provisions of sub-sections 15(2), (2a) and (2b) of the Principal Act by virtue of sub-section (3) of this section. of the place in which his father was domiciled at the time of the marriage, AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. Division 2Citizenship by Registration (Sections 1213). The Government considered that Australian citizenship should not be undermined by allowing a grant of citizenship to stand where it had been obtained by fraud or deception. [15]. imprisonment for twelve months. This Act removed provisions relating to situations where naturalized persons could lose their citizenship in certain circumstances such as living overseas for more than seven years and not notifying an Australian consulate annually of their desire to retain Australian citizenship or being deemed by the minister to be of bad character. 1, 1955 11 May 1955 11 May 1955 and any other country declared by the regulations to be a country to which Citizenship by incorporation of territory. that date, he had been granted permission by the Minister, or by an officer The stated purpose of the amendment affecting eligibility for citizenship by conferral is to: prevent children who are in Australia unlawfully, or, who along with their families, have exhausted all migration options, from applying for citizenship in an attempt to prevent their removal from Australia.[89]. (1) Sections 1, 2, 4 (other than paragraphs (a) and (b)), 5 (other Declaration of intention to apply for, and application for, certificate of Australian citizenship. 26. Amended by No. The Australian Citizenship Act 2007 significantly restructured the 1948 Act. subject without citizenship. However, from the 1940s onwards, the disintegration of the British Empire and the increase of non-British migration to Australia led the federal government to develop the concept of Australian citizenship. Applicants were required to have a basic knowledge of English (previously adequate), recognising the difficulty many older persons have in learning a new language. NR Neville and KF Meikle, The economic effects of immigration to Australia, P series, no. In 200607, 169123 people were approved to become Australian citizens by grant, descent and resumptionthe highest annual number since Australian citizenship was introduced in 1949. . .. . .. .. Amending Acts 1970 to 1979 Repeal Act 2015. 2.-S.5 (1)-The definition of ''Australian consulate'' was substituted by Australian citizenship: A Chronology of Major Developments in Policy and Law, Australian Parliament, Australian citizenship, Department of Home Affairs. [11] Partly in response to such concerns, the Aliens Act 1947 was introduced requiring aliens to report personal details and any changes to the Immigration Department. Try a free mock test and see if you're ready to take on the official test. without citizenship upon that date and shall, for the purposes of section 30 Act and who, at the time of his entry or subsequently, was- [43]. Persons may resume citizenship lost under s. 23. Governments progressively dismantled such policies between 1949 and 1973. The Act also allowed for appeals to the Administrative Appeals Tribunal on a number of grounds where a person was denied or deprived of their citizenship under the Act. 1949: Nationality and Citizenship Act creates Australian citizenship. been legitimated by the subsequent marriage of his parents unless, by the law I, A. Before the Whitlam Government passed the Australian Citizenship Act 1973, migrants from non-Commonwealth nations had to reside in Australia for five years before they were eligible for citizenship, whereas Commonwealth migrants could qualify after one year of residing in Australia. Australian Citizenship (Transitionals and Consequentials) Act 2007 2007 (No. AUSTRALIAN CITIZENSHIP ACT 1948-1973 - SECT. Sections 5(1) (definition of certificate of Australian citizenship), 5(2) and (4), 8(1)(a), 23(1)(a) and (2), 23a(1), 23b(1), 25(1)(a), 26(1)(b), (5) and (6), 26a(4) and (5), 28(1), 29, 30(1)(a) and (b) and (4) and 41. ''(2) The amendment effected by the last preceding sub-section shall be 49. 48A. Part II substituted by No. (4) Subject to the next two succeeding sub-sections, the Minister shall Amended by No. which this Act receives the Royal Assent. 19. Amended by No. The Senate Standing Committee on Employment Education and Training released two reports focusing on the idea of active citizenship in 1989 and 1991. of such an Ordinance or law; and In 197374, 112712 settlers arrived.[27]. Many also have access to special settlement services to assist them to participate in mainstream life as soon as possible. Offences in relation to certificates. (b) a person who has been discharged, whether before or after the commencement of this section, from the permanent forces of the Commonwealth, before completing three months service, as medically unfit for service or further service and who became medically unfit by reason of his service. (7) Paragraphs (f) and (g) of sub-section (1) do not apply in relation to a Further information on the legal provisions regarding French Nationality and the means by which to acquire it is available in the English language version of the French Civil Code. (2) The Citizenship Act 1948-1969 is in this Act referred to as the Principal Act.. 2 Commencement [see Note 1] (1) Sections 1, 2 and 22 shall come into operation on the day on which this Act receives the Royal Assent. if he has become, or ceases to have that status if he becomes, an Australian (3) Paragraphs (c) and (d) of sub-section (1) do not apply in relation to, (a) a person who has completed, whether before or after the commencement of this section, not less than three months service in the permanent forces of the Commonwealth; or. 12. The oath or affirmation was to be taken by all. 22, 1969, s. 5; amended by No. so exercise his powers under that sub-section as to prevent the registration certificate of Australian citizenship, either at the time of granting the They were not specifically excluded from the legislation and so were, technically, Australian citizens. 18. [3] Supporters argue that it is appropriate to require would-be citizens to demonstrate a capacity and willingness to integrate.
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