Australian Citizenship Act (1948)

Australian Citizenship Act 1948
Act No. 83 of 1948 as amended
[Note: This Act was repealed by Act No. 21 of 2007 on 1 July 2007
For application and transitional provisions see Act No. 21, 2007,
Schedule 3 (items 1–13)]
This compilation was prepared on 1 July 2006
taking into account amendments up to Act No. 46 of 2006
The text of any of those amendments not in force

on that date is appended in the Notes section
The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,

Attorney-General’s Department, Canberra
Contents
Part I—Preliminary 1
1 Short title [see Note 1].......................................................................1
2 Commencement [see Note 1].............................................................1
3 Application of the Criminal Code .....................................................1
5 Interpretation .....................................................................................1
5A Certain non-citizens to be permanent residents for the
purposes of Act..................................................................................7
6 Extension of Act to Territories ........................................................10
Part III—Australian citizenship 11

Division 1—Citizenship by birth, adoption or descent 11
10 Citizenship by birth .........................................................................11
10A Citizenship by adoption ...................................................................11
10B Citizenship by descent .....................................................................12
10C Citizenship by descent for a person aged 18 or over on
15 January 1992...............................................................................13
11 Citizenship by descent through mother............................................15
Division 2—Grant of Australian citizenship 17
12 Application of Division ...................................................................17
13 Grant of Australian citizenship........................................................17
14 Deferral of consideration of application under section 13 ...............23
14A Deferral of consideration of application under section 13—
visa liable to cancellation ................................................................24
14B Revocation of grant of certificate of Australian citizenship
before conferral of citizenship .........................................................25
14C Deferral of conferral of Australian citizenship ................................26
15 Effect of grant of certificate of Australian citizenship.....................27
Division 4—Loss of citizenship 30
18 Renunciation of citizenship .............................................................30
19 Loss of citizenship by reason of service in armed forces of
an enemy country ............................................................................30
21 Deprivation of citizenship ...............................................................31
23 Children of persons who lose or are deprived of citizenship ...........32
23AA Persons may resume citizenship lost in certain circumstances ........33
23AB Persons may resume citizenship lost under section 18 ....................35
23A Persons may resume citizenship lost under section 20 ....................37
23B Persons may resume citizenship lost under section 23 ....................38
Australian Citizenship Act 1948 iii

Division 5—General 39
23C Statements by Australian citizens as to national status....................39
23D Special provisions to prevent persons being stateless......................39
Part V—Miscellaneous 41
31 Application to be dealt with only if on approved form and
fee paid ............................................................................................41
32 Certificate of registration or naturalization in case of doubt............41
33 Citizenship by incorporation of territory .........................................41
34 Posthumous children .......................................................................42
36 Statement in support of application for certificate of
Australian citizenship ......................................................................42
36A Minister may arrange for use of computer programs to make
decisions etc. ...................................................................................42
36B Minister may substitute more favourable decisions for
certain computer-based decisions ....................................................43
37 Delegation .......................................................................................44
41 Formalities regarding pledge of commitment..................................44
42 Cancellation of certificates, returns of certificates etc. ....................44
43 Evidence of declarations..................................................................44
44 Evidence of entries in registers........................................................45
44A Evidence of Australian citizenship ..................................................45
45 Definition of certificate of naturalization for certain purposes ........46
46 Issue and proof of certificates of Australian citizenship ..................46
46A Evidentiary certificates ....................................................................47
46B Evidence of whether computer program is functioning
correctly...........................................................................................49
47 Amendment of certificates...............................................................50
47A Replacement certificates..................................................................50
48 Surrender of certificates...................................................................51
49 Offence to alter certificate ...............................................................51
50 False representations etc..................................................................51
52 Provisions of this Act to be exclusive of State laws ........................52
52A Review of decisions.........................................................................52
52B Statement to accompany notification of decisions...........................53
53 Regulations......................................................................................53
Schedule 2—Pledge of commitment as a citizen of the

Commonwealth of Australia 55
Notes 57
iv Australian Citizenship Act 1948

An Act relating to Australian Citizenship
RECOGNISING THAT:—
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:
Part I—Preliminary
1 Short title [see Note 1]

This Act may be cited as the Australian Citizenship Act 1948.
2 Commencement [see Note 1]

This Act shall come into operation on a date to be fixed by
Proclamation.
3 Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this
Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
5 Interpretation
(1) In this Act, unless the contrary intention appears:
approved form means a form approved by the Minister by
instrument in writing.
Australian Citizenship Act 1948 1

Part I Preliminary
Section 5
Australia, when used in a geographical sense, includes the external

territories.
Australian consulate means:
(a) the office of a diplomatic or consular officer of the Australian
Government;
(b) an office in a country in which there is no office of a kind
referred to in paragraph (a), being an office approved by the
Minister; or
(c) an office of the Department, whether the office is situated in
or outside Australia.
Australian reserve force means:
(a) the Naval Reserve; or
(b) the Army Reserve; or
(c) the Air Force Reserve;
and includes:
(d) any reserve force that is a predecessor (whether immediate or
otherwise) of the Naval Reserve; and
(e) any reserve force that is a predecessor (whether immediate or
otherwise) of the Army Reserve; and
(f) any reserve force that is a predecessor (whether immediate or
otherwise) of the Air Force Reserve.
certificate of Australian citizenship means a certificate of
Australian citizenship granted under this Act and includes a
certificate of naturalization or a certificate of registration granted
under the Nationality and Citizenship Act 1948, or under that Act
as amended, before the commencement of section 22 of the
Citizenship Act 1969.
child includes an adopted child, a step-child and a child born out of
wedlock.
electronic communication means:
(a) a communication of information in the form of data, text or
images by means of guided and/or unguided electromagnetic
energy; or
(b) a communication of information in the form of speech by
means of guided and/or unguided electromagnetic energy,
where the speech is processed at its destination by an
automated voice recognition system.
2 Australian Citizenship Act 1948

Preliminary Part I
Section 5
illegal entrant means an illegal entrant within the meaning of the

Migration Act 1958 as in force immediately before 1 September
1994.
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.
permanent visa has the same meaning as in the Migration Act
1958.
prescribed date means the day on which section 4 of the Migration
Legislation Amendment Act 1989 commences.
prescribed Territory means Norfolk Island or the Territory of
Cocos (Keeling) Islands.
prison includes any custodial institution at which a person
convicted of an offence may be required to serve the whole or a
part of any sentence imposed upon the person by reason of that
conviction.
prohibited immigrant means a prohibited immigrant within the
meaning of the Migration Act 1958 as in force from time to time
before 2 April 1984.
prohibited non-citizen means a prohibited non-citizen within the
meaning of the Migration Act 1958 as in force from time to time
on or after 2 April 1984 but before the prescribed date.
psychiatric institution includes a psychiatric section of a hospital.
relevant defence service means:
(a) service in the permanent forces of the Commonwealth; or
(b) service by virtue of a notice under section 26 of the National
Service Act 1951 as in force at any time before 26 November
1964.
responsible parent has the meaning given by subsection (2).

Part I Preliminary
Section 5
return endorsement means a return endorsement issued under

section 11A of the Migration Act 1958 before the day on which the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1987 received
the Royal Assent (being a return endorsement that has not expired
or been cancelled), and includes a document or notation referred to
in subsection 9(3) of the Migration Amendment Act 1979.
Secretary means the Secretary to the Department.
special category visa has the same meaning as in the Migration Act
1958.
special purpose visa has the same meaning as in the Migration Act
1958.
unlawful non-citizen has the same meaning as in the Migration
Act 1958.
valid entry permit has the same meaning as in the Migration Act
1958 as in force immediately before 1 September 1994.
valid permanent entry permit has the same meaning as in the
Migration Act 1958 as in force immediately before 1 September
1994.
valid visa has the same meaning as in the Migration Act 1958 as in
force immediately before 1 September 1994.
visa has the same meaning as in the Migration Act 1958.
(2) For the purposes of this Act, a person is a responsible parent in
relation to a child if:
(a) the person is a parent of the child except where, because of
orders made under the Family Law Act 1975, the person no
longer has any parental responsibility for the child; or
(b) under a parenting order the child is to live with the person
(whether or not the person is a parent of the child); or
(c) under a parenting order the person has parental responsibility
for the child’s long-term or day-to-day care, welfare and
development (whether or not the person is a parent of the
child); or
(d) the person (whether or not a parent of the child) has
guardianship or custody of the child, jointly or otherwise,
under a law in force in a foreign country or a law of the

Preliminary Part I
Section 5
Commonwealth, a State or a Territory, whether because of

adoption, operation of law, an order of a court or otherwise.
(2A) Expressions used in paragraphs (2)(a), (b) and (c) have the same
meaning as in the Family Law Act 1975.
(3) For the purposes of this Act:
(a) a person born on a registered ship or aircraft shall be deemed
to have been born at the place at which the ship or aircraft
was registered and a person born on an unregistered ship or
aircraft belonging to the government of a country shall be
deemed to have been born in that country;
(b) a person who, when a child, was found abandoned in
Australia shall, unless and until the contrary is proved, be
deemed:
(i) to have been born in Australia;
(ii) if born on or after 26 January 1949 and before 6 May
1966—to have been, at the time of birth, a person to
whom subsection 10(2) of this Act, as in force at that
time, did not apply;
(iii) if born on or after 6 May 1966 and before the day on
which the Australian Citizenship Amendment Act 1986
comes into operation—to have been, at the time of birth,
a person to whom subsections 10(2) and (3) of this Act,
as in force at that time, did not apply; and
(iv) if born on or after the day on which the Australian
Citizenship Amendment Act 1986 comes into
operation—to be, at the time of birth, a person to whom
paragraph 10(2)(a) of this Act applies and to whom
subsection 10(3) of this Act does not apply;
(c) a person shall be deemed not to have attained a specified age
until the commencement of the relevant anniversary of the
date of the person’s birth; and
(e) a person shall be deemed to be ordinarily resident in a
country if:
(i) the person has his or her home in that country; or

Part I Preliminary
Section 5
(ii) that country is the country of his or her permanent

abode notwithstanding that he or she is temporarily
absent therefrom;
but the person shall be deemed not to be so resident if the
person resides in that country for a special or temporary
purpose only.
(4) A reference in this Act (other than the definition of New Guinea in
subsection (1)) to New Guinea shall, in relation to any time before
the date on which the Citizenship Act 1969 received the Royal
Assent be read as including a reference to the Island of Nauru.
(5) For the purposes of this Act:
(a) a reference to a period during which a person is or has been
confined in a prison includes a reference to a period:
(i) during which the person is or has been an escapee from
a prison; or
(ii) during which the person is or has been undergoing a
sentence of periodic detention in a prison; and
(b) a reference to a period during which a person is or has been
confined in a psychiatric institution by order of a court
includes a reference to a period during which the person is or
has been an escapee from the institution.
(6) A child born to a woman as a result of the carrying out, during the
period in which the woman was married to a man, of a medical
procedure in relation to that woman, being a child who is not
biologically the child of that man, shall, for the purposes of this
Act, be deemed to be a child of that man and of no other man if the
medical procedure was carried out with the consent of that man.
(7) Subsection (6) applies in relation to a purported marriage that is
void as if the purported marriage were a marriage and as if the
parties to the purported marriage were husband and wife unless, at
the time of the carrying out of the medical procedure referred to in
subsection (6), neither party to the purported marriage believed on
reasonable grounds that the purported marriage was valid.
(8) In subsection (6), medical procedure means artificial insemination
or the implantation of an embryo in the body of a woman.

Preliminary Part I
Section 5A
5A Certain non-citizens to be permanent residents for the purposes

of Act
(1) A person who is not an Australian citizen shall be taken to be, or to
have been, a permanent resident for the purposes of this Act:
(a) in relation to a period before 2 April 1984 during which the
person was present in Australia (other than a prescribed
Territory), if:
(i) the person’s continued presence in Australia (other than
a prescribed Territory) was not, during that period,
subject to any limitation as to time imposed by law;
(ii) the person was not, during that period, a prohibited
immigrant; and
(iii) the person was not, during that period, a person who, if
an event of the kind referred to in paragraph 8(3)(a), (b),
(c) or (d) of the Migration Act 1958 as in force from
time to time during that period had occurred, would
have become a prohibited immigrant by virtue of
subsection 8(3) of that Act as so in force, or, in a case
where he or she was such a person, he or she was,
during that period, a person to whom a declaration in
force under subsection (2) applies;
(b) in relation to a period on or after 2 April 1984 and before the
prescribed date during which the person was present in
Australia (other than a prescribed Territory), if:
a prescribed Territory) was not, during that period,
(ii) the person was not, during that period, a prohibited
non-citizen; and
an event of the kind referred to in paragraph 8(3)(a), (b),
(c) or (d) of the Migration Act 1958 as in force from
time to time during that period had occurred, would
have become a prohibited non-citizen by virtue of
subsection 8(3) of that Act as so in force or, in a case

Part I Preliminary
Section 5A
(ba) in relation to a period on or after the prescribed date and

before 1 September 1994 during which the person was
present in Australia (other than a prescribed Territory), if:
a prescribed Territory) was not during that period,
(ii) the person was not, during that period, an illegal entrant;
and
an event of the kind referred to in paragraph 9(a), (b),
(c), (d), (e) or (g) of the Migration Act 1958 as in force
from time to time during that period had occurred,
would have become an illegal entrant because of
subsection 14(4) of that Act as so in force or, in a case
(bb) in relation to a period on or after 1 September 1994 if:
(i) the person was present in Australia and held a
permanent visa; or
(ii) a declaration under subsection (2) applied to the person;
(c) in relation to a period during which the person was present in
a prescribed Territory, if:
(i) the person’s continued presence in that Territory was
not, during that period, subject to any limitation as to
time imposed by law, or, in a case where the person’s
continued presence in that Territory was subject to such
a limitation, he or she would have been a permanent
resident for the purposes of this Act if he or she had
been present in Australia (other than a prescribed
Territory), or if he or she had been present in the other
prescribed Territory, during that period; and
(ii) the person’s presence in that Territory during that period
was not in contravention of a law of that Territory; or
(d) in relation to a period during which the person was not
present in Australia, if the person was, during that period:
(i) the holder of, or deemed to be included in:
(A) a valid visa that is in a class of visas prescribed
for the purposes of this sub-subparagraph or a
return endorsement that was in force; or

Preliminary Part I
Section 5A
(B) a document or endorsement in force under a

law of a prescribed Territory, being a document
or endorsement that, under the regulations, is to
be treated as, or having been during a specified
period, the equivalent of a visa referred to in
sub-subparagraph (A) or a return endorsement
during that period; or
(ii) a person included in a class of persons declared by the
regulations to be, or to have been during a specified
period, permanent residents for the purposes of this Act,
being persons who have, or have had, an association
with a prescribed Territory.
(2) The Minister may, by instrument in writing, declare that persons
included in a specified class of persons, being persons (other than
Australian citizens) who:
(a) if an event of the kind referred to in paragraph 8(3)(d) of the
Migration Act 1958, as in force from time to time before
2 April 1984, had occurred, would have become prohibited
immigrants by virtue of subsection 8(3) of that Act as so in
force;
(b) if an event of the kind referred to in paragraph 8(3)(d) of the
Migration Act 1958, as in force from time to time on or after
2 April 1984 but before the prescribed date, had occurred,
would have become prohibited non-citizens by virtue of
subsection 8(3) of that Act as so in force; or
(c) if an event of the kind referred to in paragraph 9(e) of the
Migration Act 1958, as in force from time to time on or after
the prescribed date but before 1 September 1994, had
occurred, would have become illegal entrants because of
subsection 14(4) of that Act as so in force; or
(d) are the holders of special category visas or special purpose
visas; or
(e) are, or have been, the holders of special category visas and
who are either:
(i) ordinarily resident in Australia; or
(ii) the spouse, widow or widower of an Australian citizen;
shall be taken to be, or to have been during a specified period,
persons to whom this subsection applies.

Part I Preliminary
Section 6
(3) Regulations made by virtue of subsection (1) or a declaration under

subsection (2) may be expressed to relate to a period commencing
on a date earlier than the date on which those regulations were
made or that declaration was made.
(4) A copy of an instrument under subsection (2) shall be published in
the Gazette.
(5) Notwithstanding the preceding provisions of this section, where a
person who has travelled to Australia by virtue of a statutory
visitor’s visa has entered into Australia, the person shall not be
taken by virtue of this section to be a permanent resident for the
purposes of this Act at any time when:
(a) the relevant certificate issued under that section is in force;
and
(b) the person is not the holder of a valid permanent entry
permit.
(5A) In spite of anything in this section, if a person who has travelled to
Australia by virtue of a criminal justice visa has entered Australia,
the person is not to be taken, under this section, to be a permanent
resident for the purpose of this Act at any time when:
(a) the criminal justice visa is in effect; and
(b) the person is not the holder of a permanent visa.
(6) In this section:
criminal justice visa has the same meaning as in the Migration Act
1958.
statutory visitor’s visa means:
(a) a visa granted before the prescribed date under section 11AB
of the Migration Act 1958 as in force from time to time
before the prescribed date; or
(b) a visa granted on or after the prescribed date under section 51
of the Migration Act 1958 as in force from time to time on or
after the prescribed date and before 1 September 1994.
6 Extension of Act to Territories

This Act shall extend to the Territories.

Australian citizenship Part III
Citizenship by birth, adoption or descent Division 1
Section 10
Part III—Australian citizenship

Division 1—Citizenship by birth, adoption or descent
10 Citizenship by birth
(1) Subject to this section, a person born in Australia after the
commencement of this Act shall be an Australian citizen.
(2) Subject to subsection (3), a person born in Australia after the
commencement of the Australian Citizenship Amendment Act 1986
shall be an Australian citizen by virtue of that birth if and only if:
(a) a parent of the person was, at the time of the person’s birth,
an Australian citizen or a permanent resident; or
(b) the person has, throughout the period of 10 years
commencing on the day on which the person was born, been
ordinarily resident in Australia.
(3) Subject to subsection (5), a person shall not be an Australian
citizen by virtue of this section if, at the time of the person’s birth,
a parent of the person was an enemy alien and the birth occurred in
a place then under occupation by the enemy.
(5) Subsection (3) does not apply in relation to a person if, at the time
of the person’s birth, a parent of the person:
(a) was an Australian citizen or a permanent resident; and
(b) was not an enemy alien.
(6) A reference in this section to a permanent resident does not include
a reference to a person who is, for the purposes of the Migration
Act 1958, an exempt non-citizen.
10A Citizenship by adoption

A person, not being an Australian citizen, who:
(a) under a law in force in a State or Territory, is adopted by an
Australian citizen or jointly by 2 persons at least one of
whom is an Australian citizen; and

Part III Australian citizenship
Division 1 Citizenship by birth, adoption or descent
Section 10B
(b) at the time of the person’s adoption is present in Australia as

a permanent resident;
shall be an Australian citizen.
10B Citizenship by descent

(1) A person born outside Australia (in this subsection referred to as
the relevant person) is an Australian citizen if:
(a) the name of the relevant person is registered for the purposes
of this section at an Australian consulate, and the registration
is the result of an application made within 25 years of the
person’s birth to register the person’s name for those
purposes; and
(b) a person, being a parent of the relevant person at the time of
the birth of the relevant person:
(i) was at that time an Australian citizen who had acquired
Australian citizenship otherwise than by descent; or
(ii) was:
(A) at that time an Australian citizen who had
acquired Australian citizenship by descent; and
(B) at any time before the registration of the name
of the relevant person (including a time before
the birth of the relevant person), present in
Australia, otherwise than as a prohibited
immigrant, as a prohibited non-citizen, as an
illegal entrant, as an unlawful non-citizen, or in
contravention of a law of a prescribed Territory,
for a period of, or for periods amounting in the
aggregate to, not less than 2 years.
Note: for the meaning of acquiring Australian citizenship by descent, see
subsection (5).
(1A) If the relevant person referred to in subsection (1) has attained the
age of 18 years, the name of the relevant person must not be
registered for the purposes of this section unless the Minister is
satisfied that the relevant person is of good character.
(2) Where, at the time of the birth of a child (in this subsection referred
to as the relevant child), one of the parents of the relevant child
was not an Australian citizen, the name of the relevant child shall
not be registered for the purposes of this section at an Australian

Section 10C
consulate unless the person applying to register the name declares

in writing to the person to whom the application is made, or
otherwise satisfies that person, that:
(a) at least one person who is, at the time of the application, a
responsible parent of the relevant child, was, at the time of
the birth of the relevant child:
(i) a parent of the relevant child; and
(ii) an Australian citizen; or
(b) a person who was, at the time of the birth of the relevant
child:
(i) a parent of the relevant child; and
(ii) an Australian citizen;
is dead.
(3) The validity of the registration at an Australian consulate of the
name of a person is not affected by a failure to comply with
subsection (2) in relation to that registration.
(4) A person born outside Australia is an Australian citizen if, before
the commencement of the Australian Citizenship Amendment Act
1990:
(a) an application was made to register the person’s name at an
Australian consulate for the purposes of this section before
the person turned 18; and
(b) the person’s name was so registered even though the person
had turned 18 at the time of registration.
(5) For the purposes of this section, a person acquires Australian
citizenship by descent if the person acquires Australian citizenship
under:
(a) this section; or
(b) section 10C; or
(c) section 11 of this Act as in force at any time before or after
the commencement of this section.
10C Citizenship by descent for a person aged 18 or over on

15 January 1992
(1) A person who is registered under this section is an Australian
citizen.

Section 10C
(2) A person may apply to the Minister to be registered under this

section.
(3) The application must be in accordance with the approved form.
(4) The Minister must register, in the prescribed manner, an applicant
for registration under this section if:
(a) a natural parent of the applicant was an Australian citizen at
the time of the birth of the applicant; and
(b) that parent:
(i) is an Australian citizen at the time an application under
this section is made; or
(ii) is dead and at the time of his or her death was an
Australian citizen; and
(c) the applicant:
(i) was born outside Australia on or after 26 January 1949;
and
(ii) is aged 18 years or over on the day on which this section
commences; and
(iii) failed for an acceptable reason to become registered as
an Australian citizen under:
(A) section 10B; or
(B) section 11 of this Act as in force at any time
before the commencement of section 10B; and
(d) the Minister is satisfied that the applicant is of good
character.
Note: acceptable reason is defined in subsection (5).
(5) For the purposes of subparagraph (4)(c)(iii), an applicant has an

acceptable reason if and only if:
(a) an Australian passport has been issued to the applicant; or
(b) the applicant’s name has been on an Electoral Roll under the
Commonwealth Electoral Act 1918; or
(c) the applicant was unaware of the requirement of registration
for the purposes of obtaining Australian citizenship by
descent under section 10B or under section 11 of this Act as
in force at any time before the commencement of
section 10B; or

Section 11
(d) the applicant has a reason for failing to become registered

that is declared by the regulations to be an acceptable reason
for the purposes of this section.
(6) If the Minister decides not to register an applicant under this
section, the Minister must inform the applicant of that decision by
written notice served personally, by post or by an electronic
communication.
(7) A notice served on an applicant under subsection (6) must include:
(a) reasons for the decision; and
(b) notification of the applicant’s entitlement to apply for review
of the decision under section 52A.
11 Citizenship by descent through mother

(1) A person born outside Australia or New Guinea before 26 January
1949 may, within 5 years after the commencement of this section,
apply to the Minister for his or her registration under this section as
an Australian citizen if the person’s natural mother became an
Australian citizen on 26 January 1949 and, before that day:
(a) was born in Australia or New Guinea; or
(b) was naturalised in Australia.
(2) The application may include any natural child of the applicant,
regardless of the child’s age.
(2A) The application must be in accordance with the approved form.
(3) The Minister must register, in the prescribed manner, the applicant
as an Australian citizen where the Minister is satisfied that the
applicant:
(a) was present in Australia for any time before 1 May 1987; and
(b) is of good character.
(4) The applicant, and any natural child of the applicant included in the
application, becomes an Australian citizen on the day on which the
applicant is registered as an Australian citizen.
(5) If the Minister makes a decision under subsection (3) and the
applicant is not to be registered as an Australian citizen, the
Minister must cause to be served on the applicant a notice in

Section 11
writing setting out that decision. The notice may be served

personally, by post or by an electronic communication.
(6) A notice served on an applicant under subsection (5) must include:
(a) reasons for the decision; and
(b) notification of the applicant’s entitlement to apply for review
of the decision under section 52A.

Grant of Australian citizenship Division 2
Section 12
Division 2—Grant of Australian citizenship
12 Application of Division
This Division does not apply to a person who is an Australian
citizen.
13 Grant of Australian citizenship

(1) Subject to this section, the Minister may, in the Minister’s
discretion, upon application in accordance with the approved form,
grant a certificate of Australian citizenship to a person who
satisfies the Minister that:
(a) the person is a permanent resident;
(b) the person has attained the age of 18 years;
(c) the person understands the nature of the application;
(d) the person has been present in Australia as a permanent
resident for a period of, or for periods amounting in the
aggregate to, not less than one year during the period of 2
years immediately preceding the date of the furnishing of the
application;
(e) the person has been present in Australia as a permanent
resident for a period of, or for periods amounting in the
aggregate to, not less than 2 years during the period of 5
years immediately preceding the date of the furnishing of the
application;
(f) the person is of good character;
(g) the person possesses a basic knowledge of the English
language;
(h) the person has an adequate knowledge of the responsibilities
and privileges of Australian citizenship; and
(j) if granted a certificate of Australian citizenship, the person is
likely to reside, or to continue to reside, in Australia, or to
maintain a close and continuing association with Australia.
(1A) The Minister shall not grant a certificate of Australian citizenship
to a person under subsection (1) at a time when the person is not
present in Australia unless:
(a) the person is a permanent resident; and

Division 2 Grant of Australian citizenship
Section 13
(b) the Minister considers that the person is engaged in activities

outside Australia that are beneficial to the interests of
Australia.
(2) Where, by reason of a physical or mental incapacity, not being a
temporary incapacity, an applicant under subsection (1) is not
capable of understanding the nature of that application,
paragraphs (1)(c), (g) and (h) do not apply in relation to that
person.
(3) Paragraphs (1)(d) and (e) do not apply in relation to:
(a) a person who has completed not less than 3 months’ relevant
defence service; or
(b) a person who has been discharged from relevant defence
service, before completing 3 months of that service, as
medically unfit for service or further service and who became
medically unfit by reason of the person’s relevant defence
service.
(3A) Paragraphs (1)(d) and (e) do not apply in relation to:
(a) a person who has completed full-time service as a member of
an Australian reserve force for a period of, or for periods
amounting in the aggregate to, not less than 6 months; or
(b) a person who:
(i) has been discharged from service as a member of an
Australian reserve force before completing full-time
service as such a member for a period of, or for periods
amounting in the aggregate to, 6 months; and
(ii) was so discharged as medically unfit for service or
further service; and
(iii) was so discharged while undertaking full-time service
as a member of the reserve force; and
(iv) became medically unfit for service because of the
person’s service as a member of the reserve force.
(4) For the purposes of the application of subsection (1) in relation to
an applicant for the grant of a certificate of Australian citizenship:
(a) the Minister shall not take into account, as a period during
which the applicant has been present in Australia as a
permanent resident, any period during which the applicant
has been confined in a prison or has been confined in a

Section 13
psychiatric institution by order of a court made in connection

with criminal proceedings against the person; and
(b) subject to paragraph (a), the Minister may, in the Minister’s
discretion:
(i) treat a period during which the applicant:
(A) was a permanent resident;
(B) was not present in Australia; and
(C) was engaged in activities that the Minister
considers beneficial to the interests of
Australia;
as a period during which the applicant was present in
Australia as a permanent resident;
(ii) treat a period ending before the period of 5 years
referred to in paragraph (1)(e), being a period during
which the applicant was present in Australia as a
permanent resident, as a period within that period of 5
years;
(iv) if the Minister considers that the applicant would suffer
significant hardship or disadvantage if a certificate of
Australian citizenship were not granted to the
applicant—treat a period during which the applicant
was present in Australia otherwise than as a prohibited
immigrant, as a prohibited non-citizen, as an illegal
entrant, as an unlawful non-citizen, or in contravention
of a law of a prescribed Territory, as a period during
which the applicant was present in Australia as a
permanent resident; or
(v) if the Minister considers that an applicant who is a
permanent resident was, by reason of an administrative
error, not a permanent resident during a period during
which the person was present in Australia—treat the
period as a period during which the applicant was
present in Australia as a permanent resident.
(5) Paragraph (1)(e) does not apply in relation to a person who was
formerly an Australian citizen or who was born in Australia.
(6) Paragraphs (1)(g) and (h) do not apply in relation to a person who
satisfies the Minister that the person is suffering (otherwise than
temporarily) from a loss, or from a substantial impairment, of
hearing, speech or sight.

Section 13
(7) Paragraph (1)(g) does not apply to a person who has attained the
age of 50 years.
(8) Paragraph (1)(h) does not apply to a person who has attained the
age of 60 years.
(9) Subject to subsection (11), the Minister may, in the Minister’s
discretion, upon application in accordance with the approved form,
grant a certificate of Australian citizenship to a person:
(a) who has not attained the age of 18 years;
(b) who:
(i) has attained the age of 18 years; and
(ii) has made the application before attaining that age;
(c) who is a permanent resident and is the spouse, widow or
widower of an Australian citizen; or
(d) who:
(i) has attained the age of 16 years; and
(ii) is a permanent resident and the spouse of a person who
has been granted a certificate of Australian citizenship
but has not yet acquired Australian citizenship by virtue
of the operation of section 15.
(9A) Subsection (9) does not apply to a person to whom subsection
5A(5) applies.
(9B) Subject to subsection (11), the Minister may, in the Minister’s
discretion, on application in accordance with the approved form,
grant a certificate of Australian citizenship to a child if:
(a) the child was under 16 at the time of the application; and
(b) the application is set out in the same document as an
application made under subsection (1) by a responsible
parent of the child for the grant of a certificate of Australian
citizenship to the responsible parent.
(9C) The same form may be approved for the purposes of
subsections (1) and (9B).
(9D) An application under subsection (9B) may be set out in the same
document as an application under subsection (1) if the applicant
under subsection (1) is a responsible parent of the applicant under
subsection (9B).

Section 13
(9E) Subject to subsection (11), the Minister may, in the Minister’s

discretion, on application in accordance with the approved form,
grant a certificate of Australian citizenship to a child if, at the time
of the application:
(a) the child was under 16; and
(b) a responsible parent of the child is an Australian citizen
because of the operation of section 15.
(11) The Minister shall not grant a certificate of Australian citizenship
to a person under subsection (1), (9), (9B) or (9E):
(a) during any period during which proceedings for an offence
against a law of the Commonwealth, a State or a Territory
(including proceedings by way of appeal or review) are
pending in relation to the person; or
(b) during any period during which the person is confined to a
prison in Australia; or
(c) during the period of 2 years after the expiration of any period
during which the person has been confined in a prison in
Australia by reason of the imposition on the person of:
(i) a sentence of death that has been commuted to a
sentence of imprisonment; or
(ii) a sentence of imprisonment for life or for a period of not
less than 12 months; or
(ca) if the person is a serious repeat offender in relation to a
sentence of imprisonment (within the meaning of
subsection (11A))—during the period of 10 years after the
end of any period during which the person has been confined
in a prison in Australia because of the imposition on the
person of that sentence; or
(d) if the person has been released from serving the whole or a
part of a sentence of imprisonment on parole or upon licence
to be at large—during any period during which action can be
taken in respect of the person under a law of the
Commonwealth, a State or a Territory by way of requiring
the person to serve the whole of that sentence, or the whole
or a part of the remainder of that sentence, as the case
requires; or
(e) if the person has been released by a court from serving the
whole or a part of a sentence of imprisonment upon the
person’s giving a relevant security—during any period
during which action can be taken in respect of the person

Section 13
under a law of the Commonwealth, a State or a Territory by

reason of a breach of a condition of that security; or
(f) during any period during which the person is confined in a
psychiatric institution by order of a court made in connection
with proceedings of the kind referred to in paragraph (a) in
relation to the person; or
(g) if the person has ceased to be an Australian citizen—during
the period of 12 months commencing on the day on which
the person ceased, or last ceased, to be an Australian citizen.
(11A) For the purposes of paragraph (11)(ca), if:
(a) a serious prison sentence was imposed on a person; and
(b) the person was confined in a prison in Australia because of
the imposition of that sentence; and
(c) another serious prison sentence was imposed on the person in
relation to an offence committed by the person at a time after
the person ceased to be confined in prison because of the
imposition of the sentence mentioned in paragraph (a);
the person is a serious repeat offender in relation to the other
sentence. For this purpose, a serious prison sentence is:
(d) a sentence of imprisonment for life; or
(e) a sentence of imprisonment for a period of not less than 12
months.
(12) Where the Minister makes a decision under this section refusing an
application and the applicant is present in Australia, the Minister
shall cause to be served on the applicant a notice in writing setting
out that decision. The notice may be served personally, by post or
by an electronic communication.
(13) Nothing in paragraph (4)(a) or subsection (11) shall be taken, by
implication, to limit the generality of paragraph (1)(f).
(16) A reference in paragraph (4)(a) or (11)(c) to a period during which
a person has been confined in a prison does not include a reference
to a period during which the person has been so confined by reason
only of the person’s serving a sentence relating to a conviction that
has subsequently been quashed.
(17) In paragraph (11)(e), relevant security means a security given by a
person, with or without sureties, by recognizance or otherwise, that

Section 14
the person will comply with conditions relating to the person’s

behaviour.
14 Deferral of consideration of application under section 13

(1) Subject to subsection (2), where:
(a) an application is made to the Minister under section 13; and
(b) it appears to the Minister at a particular time that:
(i) if the Minister were to complete consideration of the
application at that time, the Minister would be likely to
refuse the application (otherwise than by reason of the
operation of paragraph 13(1)(d) or (e)); and
(ii) having regard to the effluxion of time, or to the
likelihood of a change in circumstances, the Minister
would be likely to grant the application if consideration
of the application were deferred for such period as the
Minister determines;
the Minister may, in the Minister’s discretion, defer consideration
of the application until the expiration of that period.
(2) The Minister shall not defer consideration of an application made
under section 13 for a period that exceeds, or for periods that, in
the aggregate, exceed, 12 months.
(3) Where, in accordance with subsection (1), the Minister decides to
defer consideration of an application until the expiration of a
period:
(a) if the applicant is present in Australia, the Minister shall
cause to be served on the applicant a notice in writing setting
out that decision; and
(b) section 13 and subsection (1) of this section apply in relation
to the application as if it had been furnished immediately
before the expiration of that period.
A notice under paragraph (a) may be served personally, by post or
by an electronic communication.
(4) Nothing in this section prevents:
(a) an applicant under section 13 from withdrawing the
application; or

Section 14A
(b) a person whose application under section 13 has been refused

from making a further application or applications under that
section.
14A Deferral of consideration of application under section 13—visa

liable to cancellation
(1) If:
(a) an application is made to the Minister under section 13; and
(b) it appears to the Minister that:
(i) a visa held by the applicant may be cancelled under a
provision of the Migration Act 1958 (whether or not the
person has been given any notice to that effect); or
(ii) the person has been charged, or may be charged, with an
offence under a law of the Commonwealth, a State or a
Territory;
the Minister may defer consideration of the application until the
end of a period determined by the Minister.
(2) The Minister must not defer consideration of an application for a
period that exceeds, or for periods that in total exceed, 12 months.
(3) If:
(a) the Minister decides to defer consideration of an application;
and
(b) the applicant is present in Australia;
the Minister must give the applicant written notice setting out the
decision. The notice may be served personally, by post or by an
electronic communication.
(4) If the Minister decides to defer consideration of an application,
section 13 and subsection (1) of this section apply in relation to the
application as if it had been furnished immediately before the end
of that period.
(5) Nothing in this section prevents:
(a) an applicant from withdrawing the application; or
(b) a person whose application under section 13 has been refused
from making a further application or applications under that
section.

Section 14B
14B Revocation of grant of certificate of Australian citizenship

before conferral of citizenship
(1) If:
(a) a certificate of Australian citizenship has been granted to a
person under this Division after the commencement of this
section; and
(b) the person has not become an Australian citizen under
section 15; and
(c) either:
(i) if it were assumed that the certificate had not been
granted and the person were to make a fresh application
for the certificate, the Minister would be required to
make a decision under section 13 refusing the
application; or
(ii) the person has failed to make a pledge of commitment
within 12 months after the day on which the person was
notified of the Minister’s decision under section 13 to
grant the certificate, and the person does not have an
acceptable reason for the failure;
the Minister may, in the Minister’s discretion, revoke the grant of
the certificate.
(2) For the purposes of the application of subparagraph (1)(c)(i) to a
person to whom a certificate of Australian citizenship has been
granted as a result of an application under subsection 13(1) (the
actual application):
(a) paragraphs 13(1)(d) and (e) and subsection 13(4) apply as if
the date of the furnishing of the fresh application were the
same as the date of the furnishing of the actual application;
and
(b) the remaining provisions of section 13 apply as if the fresh
application had been made on the day before the day on
which the Minister makes a decision under subsection (1) of
this section whether to revoke the grant of the certificate.
(3) For the purposes of the application of subparagraph (1)(c)(i) to a
person to whom a certificate of Australian citizenship has been
granted as a result of an application under subsection 13(9) (the
actual application):

Section 14C
(a) paragraph 13(9)(b) applies as if the fresh application were

made on the same day as the actual application; and
(b) the remaining provisions of section 13 apply as if the fresh
application had been made on the day before the day on
which the Minister makes a decision under subsection (1) of
this section whether to revoke the grant of the certificate.
(4) For the purposes of subparagraph (1)(c)(ii), a reason is an
acceptable reason if, and only if, the reason is declared by the
regulations to be an acceptable reason for the purposes of this
section.
(5) If the Minister revokes the grant of a certificate, the Minister must
give the person concerned a written notice of the revocation. The
notice may be served personally, by post or by an electronic
communication.
(6) If the Minister revokes the grant of a certificate (whether or not
notice has been given under subsection (5)), the person concerned
is taken not to be a person to whom a certificate of Australian
citizenship has been granted under this Division.
14C Deferral of conferral of Australian citizenship

(1) If:
(a) a certificate of Australian citizenship has been granted to a
person under this Division after the commencement of this
section; and
(b) the person has not become an Australian citizen under
section 15; and
(c) it appears to the Minister that:
(i) a visa held by the person may be cancelled under a
provision of the Migration Act 1958 (whether or not the
person has been given any notice to that effect); or
(ii) the person has been charged, or may be charged, with an
offence under a law of the Commonwealth, a State or a
Territory;
the Minister may, in the Minister’s discretion, defer the conferral
of Australian citizenship on the person until the end of a period
determined by the Minister.

Section 15
(2) The Minister must not defer the conferral of Australian citizenship
on a person for a period that exceeds, or for periods that in total
exceed, 12 months.
(3) If:
(a) the Minister decides to defer the conferral of Australian
citizenship on a person; and
(b) the person is present in Australia;
the Minister must give the person a written notice setting out the
decision. The notice may be served personally, by post or by an
(4) If the Minister decides to defer the conferral of Australian
citizenship on a person until the end of a particular period, the
person must not make a pledge of commitment before the end of
that period.
15 Effect of grant of certificate of Australian citizenship

(1) A person to whom a certificate of Australian citizenship has been
granted under this Division (other than subsection 13(9B) or (9E))
shall be an Australian citizen:
(a) in the case of a person:
(i) who, at any time after lodging an application for a
certificate of Australian citizenship (including a time
after the grant of the certificate), makes a pledge of
commitment in the manner provided by this section and
in accordance with either of the forms set out in
Schedule 2; and
(ii) to whom paragraph (b) does not apply;
on and after the day on which the certificate is granted or on
which the person makes such a pledge of commitment,
whichever last occurs; or
(b) in the case of a person:
(i) who has not attained the age of 16 years; or
(ii) to whom subsection 13(2) applies;
on and after the day on which the certificate is granted.
(2) A pledge of commitment shall:
(a) be made before any of the following persons:
(i) the Minister;

Section 15
(ii) a Judge of a federal court (other than the Federal

Magistrates Court), being a Judge who is an Australian
citizen;
(iia) a Federal Magistrate who is an Australian citizen;
(iii) a Judge or Magistrate holding office under a law of a
State or Territory, being a Judge or Magistrate who is an
Australian citizen;
(iv) a person, or a person included in a class of persons,
approved in writing by the Minister for the purposes of
this subparagraph, being a person who is an Australian
citizen; and
(b) if the Minister has made arrangements under section 41 for it
to be made in public, be made in accordance with those
arrangements unless the Minister otherwise permits in
writing.
(3) A person who has been granted a certificate of Australian
citizenship under subsection 13(9) by virtue of being the spouse of
a person referred to in subparagraph 13(9)(d)(ii) shall not make a
pledge of commitment before the last-mentioned person has made
such a pledge.
(4A) The validity of an acquisition of Australian citizenship is not
affected by reason only that a pledge of commitment was not made
before an Australian citizen.
(5) A reference in subsection (1) to a person to whom a certificate of
Australian citizenship has been granted under this Division shall be
read as including a reference to a person to whom a certificate of
Australian citizenship has been granted under section 15 of the
Citizenship Act 1948-1969 or of that Act as amended but who was
not an Australian citizen immediately before the commencement of
this section.
granted under subsection 13(9B) is an Australian citizen on and
after:
(a) the day on which the responsible parent mentioned in that
subsection becomes an Australian citizen under section 15; or
(b) if the certificate is granted after the responsible parent
becomes an Australian citizen under section 15—the day on
which the certificate is granted.

Section 15

granted under subsection 13(9E) is an Australian citizen on and
after the day on which the certificate is granted.

Division 4 Loss of citizenship
Section 18
Division 4—Loss of citizenship
18 Renunciation of citizenship
(1) Where a person is an Australian citizen and:
(a) has attained the age of 18 years and is a national or citizen of
a foreign country; or
(b) was born, or is ordinarily resident, in a foreign country and is
not entitled, under the law of that country, to acquire the
nationality or citizenship of that country by reason that the
person is an Australian citizen;
the person may lodge with the Minister a declaration in the
prescribed form renouncing the person’s Australian citizenship.
(4) Subject to subsections (5), (5A) and (6), the Minister shall register
a declaration made under this section and thereupon the person
making the declaration shall cease to be an Australian citizen.
(5) Where, during a war in which Australia is engaged, a declaration is
made under this section by a person who is a national or citizen of
a foreign country, the Minister may refuse to register the
declaration.
(5A) The Minister shall not register a declaration made under this
section if the Minister considers that it would not be in the interests
of Australia to do so.
(6) The Minister shall not register a declaration made under this
section unless the Minister is satisfied that the person who made
the declaration:
(a) is a national or citizen of a foreign country; or
(b) will, if the declaration is registered, become a national or
citizen of such a country immediately after the registration.
19 Loss of citizenship by reason of service in armed forces of an

enemy country
An Australian citizen who, under the law of a foreign country, is a
national or citizen of that country and serves in the armed forces of
a country at war with Australia shall, upon commencing so to
serve, cease to be an Australian citizen.

Loss of citizenship Division 4
Section 21
21 Deprivation of citizenship
(1) Where:
(a) a person who is an Australian citizen by virtue of a certificate
of Australian citizenship:
(i) has been convicted of an offence against section 50 in
relation to the application for the certificate of
Australian citizenship; or
(ii) has, at any time after furnishing the application for the
certificate of Australian citizenship (including a time
after the grant of the certificate), been convicted of an
offence against a law in force in a foreign country or
against a law of the Commonwealth, a State or Territory
for which the person has been sentenced to death or to
imprisonment for life or for a period of not less than 12
months, being an offence committed at any time before
the grant of the certificate (including a time before the
furnishing of the application); or
(iii) in respect of a person who was granted the certificate of
Australian citizenship as a result of an application for
the certificate made after the commencement of this
subparagraph—obtained the certificate as a result of
migration-related fraud; and
(b) the Minister is satisfied that it would be contrary to the public
interest for the person to continue to be an Australian citizen;
the Minister may, in the Minister’s discretion, by order, deprive the
person of his or her Australian citizenship, and the person shall,
upon the making of the order, cease to be an Australian citizen.
Note: If a person is convicted of a “people smuggling” offence against
section 232A, 233 or 233A of the Migration Act 1958, and is
sentenced to imprisonment for a period of not less than 12 months, the
person may be liable to deprivation of citizenship—see
subparagraph (1)(a)(ii) of this section.
(1A) For the purposes of subparagraph (1)(a)(iii), a person is taken to

have obtained a certificate of Australian citizenship as a result of
migration-related fraud if, and only if:
(a) at any time (including a time after the grant of the certificate)
the person was convicted of an offence against section 234,
236, 243 or 244 of the Migration Act 1958, or section 134.1,
134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code,
that was committed at any time before the grant of the

Section 23
certificate (including a time before the making of the

application); and
(b) the act or omission that constituted the offence was
connected with the person’s entry into Australia or the grant
to the person of a visa or of a permission to enter and remain
in Australia.
(1B) Subsection (1A) does not apply to a person in respect of an offence
if the Minister is satisfied that the act or omission that constituted
that offence was not in any way (whether directly or indirectly)
material to the person becoming a permanent resident.
(2) A reference in subsection (1) to a conviction of an offence includes
a reference to the making of an order under subsection 19B(1) of
the Crimes Act 1914 or the corresponding provision of a law in
force in a foreign country or of a law of a State or Territory in
relation to the offence.
(3) Where the Minister makes an order under subsection (1) depriving
a person of Australian citizenship, the Minister shall, if the person
is present in Australia, cause to be served on the person a copy of
that order. The copy of that order may be served personally, by
post or by an electronic communication.
23 Children of persons who lose or are deprived of citizenship

(1) Subject to subsection (3), where:
(a) a responsible parent of a child, being a child who has not
attained the age of 18 years, ceases to be an Australian
citizen under section 18 or 19; and
(b) that child is, under the law of a foreign country, a national or
citizen of that country immediately after the time when that
responsible parent ceases to be an Australian citizen;
that child shall cease to be an Australian citizen from that time.
(2) Subject to subsection (3), where a person is deprived of Australian
citizenship under section 21, the Minister may, in the Minister’s
discretion, by order, direct that all or any of the children of whom
that person is a responsible parent and who have not attained the
age of 18 years shall cease to be Australian citizens, and the
children in respect of whom the order is made shall, upon the
making of the order, cease to be Australian citizens.

Section 23AA
(3) Where, but for this subsection:

(a) a child would cease to be an Australian citizen under
subsection (1) as a consequence of a responsible parent of the
child ceasing to be an Australian citizen; or
(b) the Minister would be empowered under subsection (2) to
direct that a child should cease to be an Australian citizen as
a consequence of a responsible parent of the child being
deprived of Australian citizenship;
and at the time the child would cease to be an Australian citizen or
the Minister would become so empowered, as the case may be,
another responsible parent of the child is an Australian citizen,
subsection (1) or (2), as the case may be, does not apply in relation
to the child:
(c) until there ceases to be a responsible parent of the child
(whether or not that other responsible parent), being a
responsible parent who is an Australian citizen; or
(d) if the cessation referred to in paragraph (c) is by reason of the
death of the responsible parent—at any time after that death.
(4) Where the Minister makes an order under subsection (2) directing
that all or any of the children of a person shall cease to be
Australian citizens, the Minister shall, if the person is present in
Australia, cause to be served on the person a copy of that order.
The copy of that order may be served personally, by post or by an
23AA Persons may resume citizenship lost in certain circumstances

(1) Where:
(a) a person:
(i) has done a voluntary and formal act, other than
marriage, by virtue of which the person acquired the
nationality or citizenship of a country other than
Australia; or
(ii) has done any act or thing:
(A) the sole or dominant purpose of which; and

Section 23AA
(B) the effect of which;

was or is to acquire the nationality or citizenship of a
foreign country;
being an act or thing that resulted in the person ceasing to be
an Australian citizen;
(b) the person furnishes to the Minister a statement, in writing, to
the effect that:
(i) if the person had not done the act or thing, the person
would have suffered significant hardship or detriment;
or
(ii) at the time when the person did the act or thing the
person did not know that he or she would, as a
consequence of doing the act or thing, cease to be an
Australian citizen;
and also stating that the person:
(iii) has been present in Australia (otherwise than as a
prohibited immigrant, as a prohibited non-citizen, as an
illegal entrant, as an unlawful non-citizen, or in
contravention of a law of a prescribed territory) for a
period of, or for periods amounting in the aggregate to,
not less than 2 years;
(iv) intends that:
(A) if the person again becomes an Australian
citizen and is residing in Australia at the time
when the person so becomes an Australian
citizen, the person will continue to reside in
Australia after so becoming an Australian
citizen; or
(B) if the person again becomes an Australian
citizen and is not residing in Australia at the
time when the person so becomes an Australian
citizen, the person will commence to reside in
Australia after so becoming an Australian
citizen and before the expiration of the period
of 3 years commencing on the day on which the
statement is made; and
(v) has maintained a close and continuing association with
Australia; and

Section 23AB
(c) the person furnishes to the Minister together with the

statement a declaration in the prescribed form that the person
wishes to resume Australian citizenship;
the Minister may, in the Minister’s discretion, if the Minister is
satisfied:
(d) as to the truth of the matters contained in the statement; and
(e) in a case where the person has claimed that, if the person had
not done the act or thing that resulted in the person ceasing to
be an Australian citizen, the person would have suffered
hardship or detriment of an economic nature—that the
person’s circumstances were such as to compel the person to
do that act or thing; and
(f) that the person is of good character;
register the declaration in the prescribed manner and, upon the
registration of the declaration, the person making the declaration
again becomes an Australian citizen.
(2) The Minister may, in the Minister’s discretion, upon application in
accordance with the approved form, include in a declaration
registered under subsection (1), either at the time of registering the
declaration or by later amending the declaration, the name of a
child:
(a) who has not attained the age of 18 years;
(b) of whom the person who made the declaration is a
responsible parent; and
(c) who ceased to be an Australian citizen by reason of the
person who made the declaration ceasing to be an Australian
citizen;
and, upon the inclusion of the name of the child in the declaration,
the child again becomes an Australian citizen.
23AB Persons may resume citizenship lost under section 18

(1) If:
(a) a person has ceased to be an Australian citizen because of
section 18 (which deals with renunciation of citizenship); and
(b) the person has not attained the age of 25 years; and
(c) the person gives the Minister a written statement that
complies with subsection (2); and

Section 23AB
(d) the person gives the Minister, together with the statement, a
declaration in the prescribed form that the person wishes to
resume Australian citizenship;
the Minister may, in the Minister’s discretion, if the Minister is
satisfied:
(e) as to the truth of the matters contained in the statement; and
(f) in a case where the person has claimed that, if the person had
not renounced his or her Australian citizenship, the person
would have suffered hardship or detriment of an economic
nature—that the person’s circumstances were such as to
compel the person to renounce his or her Australian
citizenship; and
(g) that the person is of good character;
register the declaration in the prescribed manner and, on the
registration of the declaration, the person making the declaration
again becomes an Australian citizen.
(2) A statement made by a person under paragraph (1)(c) complies
with this subsection if the statement is to the effect that:
(a) the person renounced his or her Australian citizenship in
order to retain the nationality or citizenship of a foreign
country; and
(b) if the person had not renounced his or her Australian
citizenship, the person would have suffered significant
hardship or detriment;
and the statement also states that the person:
(c) has been present in Australia (otherwise than as a prohibited
immigrant, as a prohibited non-citizen, as an illegal entrant,
as an unlawful non-citizen, or in contravention of a law of a
prescribed Territory) for a period of, or for periods
amounting in the aggregate to, not less than 2 years; and
(d) intends that:
(i) if the person again becomes an Australian citizen and is
residing in Australia at the time when the person so
becomes an Australian citizen, the person will continue
to reside in Australia after so becoming an Australian
citizen; or
(ii) if the person again becomes an Australian citizen and is
not residing in Australia at the time when the person so
becomes an Australian citizen, the person will begin to

Section 23A
reside in Australia after so becoming an Australian

citizen and before the end of the period of 3 years
beginning on the day on which the statement is made;
and
(e) has maintained a close and continuing association with
Australia.
(3) The Minister may, in the Minister’s discretion, on application in
accordance with the approved form, include in a declaration
registered under subsection (1), either at the time of registering the
declaration or by later amending the declaration, the name of a
child:
(a) who has not attained the age of 18 years; and
(b) of whom the person who made the declaration is a
responsible parent; and
(c) who ceased to be an Australian citizen by reason of the
person who made the declaration ceasing to be an Australian
citizen;
and, on the inclusion of the name of the child in the declaration, the
child again becomes an Australian citizen.
23A Persons may resume citizenship lost under section 20

(1) A person who, under section 20 of the Nationality and Citizenship
Act 1948, ceased to be an Australian citizen may, within one year
after the date of commencement of this section or the date on
which the person attains the age of 18 years, whichever is the later,
or within such further period as the Minister, in special
circumstances, allows, make and furnish to the Secretary or to a
person authorized by the Secretary by instrument in writing for the
purposes of this section a declaration in accordance with the
prescribed form that the person wishes to resume Australian
citizenship.
(2) A person to whom a declaration is furnished under subsection (1)
shall register the declaration in the prescribed manner and, upon
the registration of the declaration, the person making the
declaration again becomes an Australian citizen.

Section 23B
23B Persons may resume citizenship lost under section 23

(1) A person who, under section 23, has ceased or ceases to be an
Australian citizen may, within one year after attaining the age of 18
years or within such further period as the Minister, in special
circumstances, allows, make and furnish to the Secretary or to a
person authorized by the Secretary by instrument in writing for the
purposes of this section a declaration in accordance with the
prescribed form that the person wishes to resume Australian
citizenship.
(1A) To avoid doubt, the reference in subsection (1) to section 23
includes a reference to section 23 as in force at any time before the
repeal of section 17 by the Australian Citizenship Legislation
Amendment Act 2002.
(2) If:
(a) a person makes a declaration under subsection (1); and
(b) the Minister is satisfied that the person is of good character;
the person to whom the declaration is given must register the
declaration in the prescribed manner and, on the registration of the
declaration, the person making the declaration again becomes an
Australian citizen.

General Division 5
Section 23C
Division 5—General
23C Statements by Australian citizens as to national status

An Australian citizen who is required to state or declare his or her
national status may state or declare himself or herself to be an
Australian citizen and his or her statement or declaration to that
effect is a sufficient compliance with the requirement.
23D Special provisions to prevent persons being stateless

(1) The Minister shall, upon application made in accordance with the
approved form for the grant of Australian citizenship to a person
under this subsection and if the Minister is satisfied that the person:
(a) was born in Australia;
(b) is not, and has never been, a citizen of any country; and
(c) is not, and has never been, entitled to acquire the citizenship
of a foreign country;
register that person as prescribed as an Australian citizen, and the
person is an Australian citizen as from the date upon which the
registration is effected.
(1A) Where the Minister is satisfied that a person has or had reasonable
prospects, at a particular time, of acquiring the citizenship of a
foreign country if the person were to apply, or to have applied, at
that time for the grant of such citizenship, the person shall be
taken, for the purposes of subsection (1), to be or to have been
entitled to acquire the citizenship of that country at that time.
(2) Where the Minister makes a decision under subsection (1) refusing
an application and the applicant is present in Australia, the
Minister shall cause to be served on the applicant a notice in
writing setting out that decision. The notice may be served
personally, by post or by an electronic communication.
(3) Where:
(a) but for this subsection, section 10B would prevent the
acquisition of Australian citizenship by a person by reason
only of all or any of the following matters:

Division 5 General
Section 23D
(i) that more than 25 years have elapsed since the birth of
the person;
(ii) that the requirement set out in sub-subparagraph
10B(1)(b)(ii)(B) is not fulfilled by either of the persons
who were the parents of the first-mentioned person at
the time of his or her birth;
(iii) the operation of subsection 10B(2); and
(b) the first-mentioned person is not, and has never been, a
citizen of any country;
then:
(c) the name of the first-mentioned person may be registered for
the purposes of section 10B; and
(d) the matter or matters referred to in paragraph (a) does not or
do not prevent the acquisition of Australian citizenship by the
person under section 10B.
(3A) Where, but for this subsection, a person to whom subparagraph
21(1)(a)(ii) applies would, if the Minister were to make an order
under subsection 21(1) in relation to that person, become a person
who is not a citizen of any country, subsection 21(1) does not
apply in relation to that person.
(4) Subsection 23(2) does not apply in relation to a child who would, if
the Minister were to make an order under that subsection in respect
of the child, become a person who is not a citizen of any country.

Miscellaneous Part V
Section 31
Part V—Miscellaneous
31 Application to be dealt with only if on approved form and fee

paid
The Minister must not consider, or otherwise deal with, an
application under this Act unless:
(a) the application is on an approved form and in accordance
with the regulations; and
(b) any fee payable in respect of the application is paid.
32 Certificate of registration or naturalization in case of doubt

(1) Notwithstanding anything contained in this Act, the Minister may,
in the Minister’s discretion, upon application in accordance with
the approved form, grant a certificate of Australian citizenship to a
person with respect to whose status as an Australian citizen a doubt
exists.
(2) Before granting the certificate, the Minister may require that
person to comply with such provisions of this Act as the Minister
specifies.
(3) A certificate granted under this section shall, unless it is proved
that it was obtained by means of fraud, a false representation or the
concealment of some material fact, be conclusive evidence that the
person was an Australian citizen on the date of the certificate but
without prejudice to any evidence that the person was an
Australian citizen at an earlier date.
33 Citizenship by incorporation of territory

(1) If any territory becomes a part of Australia, the Governor-General
may, by order published in the Gazette, declare that the persons
included in such classes of persons as are specified in the order
shall, as from such date as is so specified, become Australian
citizens by reason of their connexion with that territory.
(2) A person included in any such class shall, as from the date so
specified, become an Australian Citizen.

Part V Miscellaneous
Section 34
34 Posthumous children
(1) A reference in this Act to the status or description of a parent of a
person at the time of the person’s birth shall, in the case of a parent
who died before the birth of the person, be read as a reference to
the status or description of the parent at the time of the parent’s
death.
(2) Where the death of a parent of a person occurred prior to, and the
birth of the person occurred after, the commencement of this
section, the status or description that would have been applicable to
the parent by virtue of subsection (1) if the parent had died after
the commencement of the section shall be deemed to be the status
or description applicable to the parent at the time of the death of
the parent.
36 Statement in support of application for certificate of Australian

citizenship
(1) Subject to this section, an applicant for a certificate of Australian
citizenship shall furnish, in support of the application, a statement
in accordance with the approved form setting out:
(a) the applicant’s name, address and occupation;
(b) the date and place of the applicant’s birth; and
(c) such other matters as are prescribed.
(2) Where a matter required by subsection (1) to be set out in a
statement by an applicant is not known to the applicant and cannot
reasonably be ascertained by the applicant, that matter shall be
taken to be sufficiently set out in the statement if the statement
contains such information with respect to that matter as is known
to the applicant.
36A Minister may arrange for use of computer programs to make

decisions etc.
(1) The Minister may arrange for the use, under the Minister’s control,
of computer programs for any purposes for which the Minister
may, or must, under this Act or the regulations:
(a) make a decision; or
(b) exercise any power, or comply with any obligation; or

Section 36B
(c) do anything else related to making a decision, exercising a

power, or complying with an obligation.
(2) The Minister is taken to have:
(a) made a decision; or
(b) exercised a power, or complied with an obligation; or
(c) done something else related to the making of a decision, the
exercise of a power, or the compliance with an obligation;
that was made, exercised, complied with, or done (as the case
requires) by the operation of a computer program under an
arrangement made under subsection (1).
36B Minister may substitute more favourable decisions for certain

computer-based decisions
(1) The Minister may substitute a decision (the substituted decision)
for a decision (the initial decision) made by the operation of a
computer program under an arrangement made under subsection
36A(1) if:
(a) a certificate under section 46B relates to the computer
program and to the initial decision; and
(b) the certificate states that the computer program was not
functioning correctly; and
(c) the substituted decision could have been made under the
same provision of this Act or the regulations as the initial
decision; and
(d) the substituted decision is more favourable to the applicant.
(2) The Minister does not have a duty to consider whether to exercise
the power under subsection (1) in respect of any decision, whether
he or she is requested to do so by the applicant or by any other
person, or in any other circumstances.
(3) Subsection (1) has effect despite:
(a) any law of the Commonwealth; or
(b) any rule of common law;
to the contrary effect.

Section 37
37 Delegation
(1) The Minister may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Minister,
delegate to a person (including the Secretary) all or any of the
Minister’s powers under this Act or the regulations, other than this
power of delegation.
(2) A power so delegated, when exercised by the delegate, shall, for
the purposes of this Act or the regulations, be deemed to have been
exercised by the Minister.
(3) A delegation under this section does not prevent the exercise of a
power by the Minister.
41 Formalities regarding pledge of commitment

The Minister may make arrangements for a pledge of commitment
referred to in section 15 to be made in public and to be
accompanied by proceedings designed to impress upon applicants
the responsibilities and privileges of Australian citizenship.
42 Cancellation of certificates, returns of certificates etc.

The Minister shall:
(a) cancel all certificates of Australian citizenship the holders of
which have been deprived of Australian citizenship;
(b) cause to be made indexes of certificates of Australian
citizenship; and
(d) cause to be laid before both Houses of the Parliament as soon
as practicable after 30 June in each year a return showing the
number of persons who have, in the year ending on that
30 June, become Australian citizens by reason of the grant of
certificates of Australian citizenship, their former nationality
or citizenship, and the countries in which they ordinarily
resided immediately before entering Australia.
43 Evidence of declarations
A declaration made under this Act or under any other Act which
was at any time in force in relation to nationality or naturalization
may be proved in legal proceedings by the production of a copy of
the original declaration certified by the Minister or by a person

Section 44
thereto authorized in writing by the Minister to be a true copy, and

the production of the declaration or copy shall be prima facie
evidence that the person therein named as declarant made the
declaration on the date therein mentioned.
44 Evidence of entries in registers

An entry in a register made under this Act or under any other Act
which was at any time in force in relation to nationality or
naturalization may be proved by a copy certified by the Minister or
by a person thereto authorized in writing by the Minister, to be a
true copy of the entry, and the copy of the entry shall be prima
facie evidence of any matters authorized by or under this Act or
any other such Act to be inserted in the register.
44A Evidence of Australian citizenship

(1) In this section, unless the contrary intention appears:
authorized officer means an officer authorized by the Secretary to
issue certificates under this section.
prescribed evidentiary certificate means:
(a) a certificate issued under subsection (2); or
(b) a certificate that was issued before the commencement of this
section under subsection 11C(3) of the Citizenship Act 1948
or of that Act as amended.
(2) Where the Secretary is satisfied that a person referred to in
section 11B of the Citizenship Act 1948 had, before the
commencement of this section, duly given a notice under
section 11C of that Act or of that Act as amended and has not
ceased to be an Australian citizen, the Secretary shall, on
application by that person, cause an authorized officer to issue to
that person an evidentiary certificate in relation to the Australian
citizenship of that person.
(3) An evidentiary certificate under this section shall certify that the
person specified in the certificate is an Australian citizen.
(4) Where the Secretary is satisfied that a person to whom a prescribed
evidentiary certificate has been issued is not an Australian citizen,

Section 45
the Secretary may, by order in writing signed by the Secretary,

revoke the certificate.
(5) A prescribed evidentiary certificate is, unless the certificate is
shown to have been revoked either before or after the
commencement of this section, prima facie evidence that the
person specified in the certificate is an Australian citizen.
(6) The Secretary shall cancel all prescribed evidentiary certificates
that are revoked after the commencement of this section.
(7) An order under subsection (4) may be proved in legal proceedings
by the production of a copy of the order together with a certificate
signed by an authorized officer certifying the copy to be a true
copy.
(8) A prescribed evidentiary certificate, a certificate under subsection
11C(8) of the Citizenship Act 1948 or of that Act as amended or a
certificate referred to in subsection (7) of this section is admissible
in evidence in legal proceedings without proof of the signature of
the person signing it or of the fact that the person signing it was
entitled to sign it.
45 Definition of certificate of naturalization for certain purposes

For the purposes of sections 46, 46A, 47, 47A, 48 and 49,
certificate of Australian citizenship includes a certificate of
naturalization issued under an Act repealed by this Act or by any
other Act or under a State Act or under an Ordinance of a
Territory.
46 Issue and proof of certificates of Australian citizenship

(1) A certificate of Australian citizenship granted under this Act may
be issued by the Minister or by a person authorized in writing by
the Minister to issue such certificates.
(2) A document purporting to be a certificate of Australian citizenship,
and purporting to bear the printed or stamped signature of the
Minister and to be issued by the Minister or a person by authority
of the Minister, shall, unless the contrary is proved, be deemed to
be a certificate of Australian citizenship granted under this Act.

Section 46A
46A Evidentiary certificates

(1) Where a person:
(a) applies to the Secretary for an evidentiary certificate in
relation to a certificate of Australian citizenship that has at
any time been granted to a person specified in the
application;
(b) furnishes sufficient information to enable the Secretary to
identify the official records relating to the grant of the
certificate of Australian citizenship; and
(c) pays the prescribed fee;
the Secretary shall, subject to subsection (1A), cause an authorized
officer to issue to the applicant, so far as official records permit, an
evidentiary certificate, in accordance with this section, in relation
to the certificate of Australian citizenship.
(1A) An applicant under subsection (1) is not entitled to be issued with
an evidentiary certificate in relation to a certificate of Australian
citizenship granted to a person specified in the application unless:
(a) the applicant is, or is acting on behalf of:
(i) the person so specified; or
(ii) a person whose name was included in the certificate of
Australian citizenship;
(b) the evidentiary certificate is required by the applicant for
purposes in connection with the operation of a law in force in
a foreign country or a law of the Commonwealth, a State or a
Territory, including, but without limiting the generality of the
foregoing, purposes in connection with an action or
proceeding before a court, tribunal or authority; or
(c) the authorized officer is satisfied that the applicant has some
other legitimate reason for requiring the evidentiary
certificate.
(2) Subject to subsection (5), an evidentiary certificate under this
section shall:
(a) certify that a certificate of Australian citizenship was, on the
date and under the law specified in the evidentiary certificate,
granted to the person whose name is specified in the
evidentiary certificate;
(b) where the name of any other person was included in the
certificate of Australian citizenship, certify accordingly;

Section 46A
(c) contain such further particulars as appear from official

records to have been contained in the certificate of Australian
citizenship, and certify that, according to official records, it
appears that the certificate of Australian citizenship included
those particulars;
(d) where it is appropriate to do so, certify that official records
show that the person to whom a certificate of Australian
citizenship was granted duly took an oath, or made an
affirmation, of allegiance, on a specified date, in accordance
with the law under which that certificate was granted; and
(e) if it is appropriate to do so, certify that official records show
that the person to whom a certificate of Australian citizenship
was granted duly made a pledge of commitment on a
specified date in accordance with the law under which that
certificate was granted.
(3) An authorized officer may include in an evidentiary certificate
issued under this section a statement, in accordance with official
records, relating to any amendment or cancellation of the
certificate of Australian citizenship, or the making or registration
of any order or declaration, either under this Act or a previous law
of the Commonwealth, affecting the nationality or citizenship of a
person referred to in the certificate of Australian citizenship.
(4) An evidentiary certificate under this section is prima facie
evidence:
(a) of the matters certified in accordance with paragraphs (2)(a)
and (b);
(b) of the fact that the particulars set out in accordance with
paragraph (2)(c) were contained in the certificate of
(c) of any matter certified in accordance with paragraph (2)(d)
and of the correctness of the official records relating to the
oath or affirmation;
(ca) of any matter certified in accordance with paragraph (2)(e)
and of the correctness of the official records relating to the
pledge of commitment; and
(d) of any matter stated in the certificate in accordance with
subsection (3).
(5) Particulars referred to in paragraph (2)(c), other than particulars
relating to the former nationality or citizenship of the person to

Section 46B
whom the certificate of Australian citizenship was granted, shall

not be included in an evidentiary certificate under this section
unless the authorized officer is satisfied that:
(a) the evidentiary certificate is required by the person to whom
the certificate of Australian citizenship was granted, or a
person whose name was included in the certificate of
(b) the evidentiary certificate is required for the purpose of
pending legal proceedings in which evidence of the grant of
the certificate of Australian citizenship will be relevant and
the inclusion of those particulars is necessary for the purpose
of those proceedings; or
(c) there are other special circumstances that justify the inclusion
of those particulars.
(6) An order under this Act may be proved in legal proceedings by the
production of a copy of the order, together with a certificate signed
by an authorized officer certifying the copy to be a true copy.
(7) An evidentiary certificate under this section or a certificate under
subsection (6) is admissible in evidence in legal proceedings
without proof of the signature of the person signing it or of the fact
that he or she was an authorized officer.
(8) In this section, authorized officer means an officer authorized, in
writing, by the Secretary to issue certificates under this section.
46B Evidence of whether computer program is functioning correctly

(1) In citizenship proceedings, a certificate signed by an officer stating
whether or not a specified computer program was functioning
correctly:
(a) at a specified time or during a specified period; and
(b) in relation to specified outcomes from the operation of that
program under an arrangement made under subsection
36A(1);
is prima facie evidence of the matters stated in the certificate.
(2) For the purposes of this section, a computer program is
functioning correctly if:
(a) outcomes from its operation comply with this Act and the
regulations; and

Section 47
(b) those outcomes would be valid if they were made by the

Minister otherwise than by the operation of the computer
program.
(3) In this section:
citizenship proceedings means:
(a) proceedings in a court (including criminal proceedings) that
relate to this Act (including an offence against this Act); or
(b) proceedings that relate to an application for review under
section 52A.
officer means:
(a) an officer of the Department; or
(b) a person authorised in writing by the Minister to issue
certificates under this section; or
(c) any person who is included in a class of persons authorised in
writing by the Minister to issue certificates under this section,
including a person who becomes a member of the class after
the authorisation is given.
47 Amendment of certificates
(1) Where the Minister is satisfied that it is desirable for any reason
that a certificate of Australian citizenship should be amended, the
Minister may amend the certificate.
(2) A certificate that has been amended in pursuance of this section
shall be of effect as so amended.
47A Replacement certificates

Where the Minister proposes to amend a certificate of Australian
citizenship (in this section referred to as the original certificate)
under section 47, not being an amendment including the name of a
person in, or omitting the name of a person from, the original
certificate, the Minister may, in the Minister’s discretion, in lieu of
so amending the original certificate, upon surrender of the original
certificate to the Minister, grant and issue a further certificate of
Australian citizenship (in this section referred to as the
replacement certificate) in which that amendment has been
incorporated and thereupon the replacement certificate has effect
for all purposes of this Act as if it had been granted and issued at

Section 48
the same time as the original certificate and the original certificate
had not been granted.
48 Surrender of certificates
(1) Where an order is made under this Act depriving a person of
Australian citizenship:
(a) if that person is an Australian citizen by virtue of a certificate
of Australian citizenship granted to that person—that person
shall, upon demand in writing by the Minister, surrender that
certificate to the Minister for cancellation; and
(b) if that person is an Australian citizen by reason of the
inclusion of his or her name in a certificate of Australian
citizenship granted to another person—that other person
shall, upon demand in writing by the Minister, surrender that
certificate to the Minister to enable the Minister to amend
that certificate under section 47.
(2) Where an order is made under subsection 44A(4) revoking an
evidentiary certificate issued to a person under section 44A, the
person shall, upon demand in writing by the Secretary, surrender
the certificate to the Secretary for cancellation.
(3) A person who, without reasonable excuse, contravenes
subsection (1) or (2) is guilty of an offence punishable on
conviction by a fine not exceeding $1,000.
49 Offence to alter certificate

A person shall not alter, or cause or permit to be altered, a
certificate of Australian citizenship.
Penalty: $2,000 or imprisonment for 12 months, or both.
50 False representations etc.

(1) A person shall not, for a purpose of or in relation to this Act:
(a) make, or cause or permit to be made, a representation or
statement that is, to the knowledge of the person, false or
misleading in a material particular; or

Section 52
(b) conceal, or cause or permit to be concealed, a material

circumstance.
Penalty: 12 months imprisonment.
52 Provisions of this Act to be exclusive of State laws

The provisions of this Act shall apply to the exclusion of any
provisions, providing for Australian citizenship, of any law of a
State, whether the law was passed or made before or after the
commencement of this section.
52A Review of decisions

(1) Applications may be made to the Administrative Appeals Tribunal
for review of the following decisions:
(aaaa) decisions of the Minister under subsection 10B(1A) that the
Minister is not satisfied that a person is of good character;
(aaa) decisions of the Minister under section 10C refusing an
application for registration;
(aa) decisions of the Minister that the Minister is not satisfied as
to the matters referred to in subsection 11(3);
(a) decisions of the Minister under section 13 or subsection
23D(1) refusing an application;
(ab) decisions of the Minister under section 14B revoking the
grant of a certificate;
(b) decisions of the Minister under section 18 other than
decisions under subsection 18(5);
(c) decisions of the Minister under subsection 21(1) or 23(2) or
section 47;
(d) decisions of the Minister, the Secretary, or a person
authorized by the Secretary for the purposes of section 23A
or 23B, under that section;
(e) decisions of the Minister under subsection 23AA(1) refusing
to register a declaration or under subsection 23AA(2)
refusing to include the name of a child in a declaration;
(ea) decisions of the Minister under subsection 23AB(1) refusing
to register a declaration or under subsection 23AB(3)
refusing to include the name of a child in a declaration;
(f) decisions of the Minister that the Minister is satisfied as to
the matters referred to in subsection 23D(1A).

Section 52B
(2) A person is not entitled to make an application under

subsection (1) for review of a decision under section 13 (other than
paragraph 13(9)(a) or (b)) unless the person is a permanent
resident.
(3) In this section, decision has the same meaning as in the
Administrative Appeals Tribunal Act 1975.
52B Statement to accompany notification of decisions

(1) Where the Minister or a delegate of a Minister makes a decision of
the kind referred to in section 52A and gives, or causes to be given,
to a person or persons whose interests are affected by the decision
notice in writing of the decision, that notice shall include a
statement to the effect that, subject to the Administrative Appeals
Tribunal Act 1975 and to subsection 52A(2) of this Act,
application may be made to the Administrative Appeals Tribunal
for review of the decision to which the notice relates by or on
behalf of a person or persons whose interests are affected by the
decision.
(2) Any failure to comply with the requirements of subsection (1) in
relation to a decision does not affect the validity of the decision.
53 Regulations
The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters which by this Act are required or
permitted to be prescribed, or which are necessary or convenient to
be prescribed for carrying out or giving effect to this Act, and, in
particular, for or in relation to:
(a) the time within which anything required or authorized to be
done under this Act shall be done;
(b) the registration of anything required or authorized under this
Act to be registered;
(c) the making of a pledge of commitment for the purposes of
this Act;
(d) the giving of any notice which under this Act is required or
authorized to be given to any person;
(f) the imposition and recovery of fees in respect of:
(i) any application under this Act;

Section 53
(ii) any registration, the making of any declaration, the

grant of any certificate or the making of a pledge of
commitment authorized to be made or granted under
this Act; and
(iii) the supplying of a certified or other copy of any
declaration, certificate or oath made, granted or taken
under this Act;
(fa) the remission, refund or waiver of fees of a kind referred to
in paragraph (f) or the exemption of persons from the
payment of such fees;
(g) the issue of certificates declaratory of the Australian
citizenship of persons who are Australian citizens;
(h) the conditions upon which persons may render, for reward,
services in respect of applications under this Act including
the charges which may be made in respect of any such
service;
(j) the imposition of penalties not exceeding a fine of $1,000 for
any offence against the regulations; and
(k) the investing of any court of a State with federal jurisdiction
to order reparation for loss suffered by reason of any offence
against this Act or the regulations.

Pledge of commitment as a citizen of the Commonwealth of Australia Schedule 2
Schedule 2—Pledge of commitment as a

citizen of the Commonwealth of
Australia
Section 15
FORM OF PLEDGE NO. 1
From this time forward, under God,

I pledge my loyalty to Australia and its people,
whose democratic beliefs I share,
whose rights and liberties I respect, and
whose laws I will uphold and obey.
FORM OF PLEDGE NO. 2
From this time forward,

I pledge my loyalty to Australia and its people,
whose democratic beliefs I share,
whose rights and liberties I respect, and
whose laws I will uphold and obey.

Notes to the Australian Citizenship Act 1948
Table of Acts

Note 1
The Australian Citizenship Act 1948 as shown in this compilation comprises

Act No. 83, 1948 amended as indicated in the Tables below.
All relevant information pertaining to application, saving or transitional

provisions prior to 11 December 1998 is not included in this compilation. For
subsequent information see Table A.
Table of Acts
Act Number Date Date of Application,

and year of Assent commencement saving or
transitional
provisions
Nationality and Citizenship 83, 1948 21 Dec 1948 26 Jan 1949 (see
Act 1948 Gazette 1949,
p. 197)
Nationality and Citizenship 58, 1950 14 Dec 1950 14 Dec 1950 —
Act 1950
Nationality and Citizenship 70, 1952 1 Nov 1952 29 Nov 1952 —
Act 1952
Nationality and Citizenship 85, 1953 11 Dec 1953 8 Jan 1954 S. 7(2)
Act 1953
Nationality and Citizenship 1, 1955 11 May 1955 11 May 1955 Ss. 5(2) and
Act 1955 8(2)
Nationality and Citizenship 63, 1958 8 Oct 1958 S. 9: 1 June 1959 S. 4(2)
Act 1958 (see s. 2(2) and
Gazette 1959,
p. 1831)
Remainder: Royal
Assent
Nationality and Citizenship 79, 1959 1 Dec 1959 1 Dec 1959 S. 4(2)
Act 1959
Nationality and Citizenship 82, 1960 13 Dec 1960 13 Dec 1960 —
Act 1960
Nationality and Citizenship 11, 1966 6 May 1966 6 May 1966 Ss. 3(2) and
Act 1966 4(2)
Nationality and Citizenship 11, 1967 26 Apr 1967 24 May 1967 —
Act 1967

Table of Acts
transitional
provisions
Citizenship Act 1969 22, 1969 4 June 1969 Ss. 3, 4(a), 5(a), Ss. 16(2),
(b), 6, 15–17 and 17(2), (3)
21: 20 Feb 1973 and 23
(see Gazette
1973, No. 20, p. 3)
Ss. 4(b), 7, 8,
12(b), 18, 19 and
22: 1 May 1970
(see Gazette
1970, p. 2756)
Remainder: Royal
Assent
Australian Citizenship Act 99, 1973 17 Sept 1973 Ss. 1, 2 and 22: Ss. 21 and
1973 Royal Assent 22
Ss. 3(1), 7, 14,
15(2) and 17:
1 June 1974
Remainder: 1 Dec
1973 (see Gazette
1973, No. 140)
Statute Law Revision Act 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9(1) and
1973 10
as amended by
Statute Law Revision 20, 1974 25 July 1974 31 Dec 1973 —
Act 1974
Administrative Changes 91, 1976 20 Sept 1976 S. 3: (a) S. 4
(Consequential
Provisions) Act 1976
Statute Law Revision Act 61, 1981 12 June 1981 S. 115: Royal —
1981 Assent (b)
Statute Law (Miscellaneous 80, 1982 22 Sept 1982 Part LXXVII S. 280(2)
Amendments) Act (s. 280): Royal and (3)
(No. 2) 1982 Assent (c)
Migration (Miscellaneous 84, 1983 14 Nov 1983 Part II (ss. 3 and —
Amendments) Act 1983 4): 2 Apr 1984
(see Gazette
1984, No. S119)
(d)
Australian Citizenship 129, 1984 25 Oct 1984 Ss. 3, 4(2), 7, 22, Ss. 26(2)
Amendment Act 1984 33, 34 and 37: and 39
1 May 1987 (see
Gazette 1987, No.
S68)
Remainder: 22
Nov 1984
as amended by
Statute Law 65, 1985 5 June 1985 S. 3: 22 Nov 1984 —
(Miscellaneous (e)
Provisions) Act (No. 1)
1985

Table of Acts
transitional
provisions
Statute Law (Miscellaneous 65, 1985 5 June 1985 S. 3: 3 July 1985 —
Provisions) Act (No. 1) (f)
1985
Australian Citizenship 70, 1986 24 June 1986 20 Aug 1986 (see Ss. 7(2) and
Amendment Act 1986 Gazette 1986, No. 8(2)
S401)
Mutual Assistance in 86, 1987 5 June 1987 S. 3: (g) —
Criminal Matters Remainder: Royal
(Consequential Assent
Amendments) Act 1987
Statute Law (Miscellaneous 141, 1987 18 Dec 1987 S. 3: Royal Assent S. 5(1)
Provisions) Act 1987 (h)
Migration Legislation 59, 1989 19 June 1989 S. 38: 19 Dec —
Amendment Act 1989 1989 (j)
Australian Citizenship 105, 1990 18 Dec 1990 18 June 1991 —
Amendment Act 1990
Australian Citizenship 195, 1991 18 Dec 1991 15 Jan 1992 —
Amendment Act 1991
Australian Citizenship 71, 1993 25 Nov 1993 24 Jan 1994 Ss. 9 and 10
Amendment Act 1993
Migration Legislation 60, 1994 9 Apr 1994 S. 85: (k) —
Amendment Act 1994
Family Law Reform 140, 1995 12 Dec 1995 Schedule 1 —
(Consequential (items 1, 2):
Amendments) Act 1995 11 June 1996 (see
Gazette 1996,
GN5) (l)
Statute Law Revision Act 43, 1996 25 Oct 1996 Schedule 2 —
1996 (item 17): (m)
Schedule 5
(items 20, 21):
Royal Assent (m)
Migration Legislation 27, 1997 10 Apr 1997 Schedule 1: 1 May —
Amendment Act (No. 1) 1997 (see Gazette
1997 1997, No. S168)
Remainder: Royal
Assent
Migration Legislation 113, 1998 11 Dec 1998 Schedule 7: 1 Mar Sch. 7
Amendment Act (No. 1) 1999 (see Gazette (item 3) [see
1998 1999, No. S51) (n) Table A]
Federal Magistrates 194, 1999 23 Dec 1999 Schedule 6: 23 —
(Consequential Dec 1999 (o)
Amendments) Act 1999
Criminal Code Amendment 137, 2000 24 Nov 2000 Ss. 1–3 and Sch. 2
(Theft, Fraud, Bribery and Schedule 1 (items 418,
Related Offences) Act (items 1, 4, 6, 7, 419) [see
2000 9–11, 32): Royal Table A]
Assent
Remainder:
24 May 2001

Table of Acts
transitional
provisions
Migration Legislation 58, 2001 28 June 2001 Schedule 1 —
Amendment (Electronic (items 1–15) and
Transactions and Schedule 2
Methods of Notification) (items 1, 2): 10
Act 2001 Aug 2001 (see
Gazette 2001, No.
GN31) (p)
Migration Legislation 97, 2001 22 Aug 2001 19 Sept 2001 S. 4 [see
Amendment (Application Table A]
of Criminal Code) Act
2001
Australian Citizenship 5, 2002 4 Apr 2002 Schedule 2: 1 July Sch. 1
Legislation Amendment 2002 (see Gazette (item 4) and
Act 2002 2002, No. GN18) Sch. 2
Remainder: Royal (items
Assent 36–44) [see
Table A]
Family Law Amendment 46, 2006 22 May 2006 Schedule 8 —
(Shared Parental (item 1): 1 July
Responsibility) Act 2006 2006

Act Notes
(a) The Australian Citizenship Act 1948 was amended by section 3 only of the Administrative
Changes (Consequential Provisions) Act 1976, subsection 2(7) of which provides as follows:
(7) The amendments of each other Act specified in the Schedule made by this Act shall
be deemed to have come into operation on 22 December 1975.
(b) The Australian Citizenship Act 1948 was amended by section 115 only of the Statute Law
Revision Act 1981, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it
receives the Royal Assent.
(c) The Australian Citizenship Act 1948 was amended by Part LXXVII (section 280) only of the
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(1) of which
provides as follows:
(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI
and LXXVII shall come into operation on the day on which this Act receives the
Royal Assent.
(d) The Australian Citizenship Act 1948 was amended by Part II (sections 3 and 4) only of the
Migration (Miscellaneous Amendments) Act 1983, subsection 2(1) of which provides as
follows:
(1) Subject to subsection (2), this Act shall come into operation on the day on which the
Migration Amendment Act 1983 comes into operation.
(e) The Australian Citizenship Amendment Act 1984 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(6) of which provides
as follows:
(6) The amendment of the Australian Citizenship Amendment Act 1984 made by this
Act shall be deemed to have come into operation immediately after the
commencement of section 38 of that first-mentioned Act.
(f) The Australian Citizenship Act 1948 was amended by section 3 only of the Statute Law
(Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty-eighth day
after the day on which it receives the Royal Assent.
(g) The Australian Citizenship Act 1948 was amended by section 3 only of the Mutual Assistance
in Criminal Matters (Consequential Amendments) Act 1987, subsection 2(2) of which provides
as follows:
(2) The amendments made by this Act shall come into operation on a day or days to be
fixed by Proclamation.
In pursuance of subsection 2(2), the date of commencement was 1 August 1988 (see Gazette
1988, No. S225).
(h) The Australian Citizenship Act 1948 was amended by section 3 only of the Statute Law
(Miscellaneous Provisions) Act 1987, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it
(j) The Australian Citizenship Act 1948 was amended by section 38 only of the Migration
Legislation Amendment Act 1989, subsection 2(5) of which provides as follows:
(5) If a provision of this Act (other than section 1, 2 or 35 or Part 3) has not commenced
within the period of 6 months beginning on the day on which this Act receives the
Royal Assent, that provision commences on the first day after the end of that period.
(k) The Australian Citizenship Act 1948 was amended by section 85 only of the Migration
Legislation Amendment Act 1994, subsection 2(3) of which provides as follows:
(3) The remaining provisions of this Act commence immediately after the
commencement of section 3 of the Migration Reform Act 1992.
Section 3 commenced on 1 September 1994.

Act Notes
(l) The Australian Citizenship Act 1948 was amended by Schedule 1 (items 1 and 2) only of the
Family Law Reform (Consequential Amendments) Act 1995, subsection 2(2) of which
provides as follows:
(2) The amendments made by Parts 1, 2, 3, 4, 6, 8, 9 and 10 of Schedule 1 commence
on the commencement of section 31 of the Family Law Reform Act 1995.
(m) The Australian Citizenship Act 1948 was amended by Schedule 2 (item 17) and Schedule 5
(items 20 and 21) only of the Statute Law Revision Act 1996, subsections 2(1) and (2) of
which provide as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it
(2) Each item in Schedule 2 commences or is taken to have commenced (as the case
requires) at the time specified in the note at the end of the item.
Item 17 is taken to have commenced immediately after the commencement of Schedule 3 to
the Migration Legislation Amendment Act 1994.
Schedule 3 commenced on 1 September 1994.
(n) The Australian Citizenship Act 1948 was amended by Schedule 7 only of the Migration
Legislation Amendment Act (No. 1) 1998, subsection 2(2) which provides as follows:
(2) Subject to subsection (3), Schedules 1, 2, 3, 4, 5, 6 and 7 commence on a day or
days to be fixed by Proclamation.
(o) The Australian Citizenship Act 1948 was amended by Schedule 6 only of the Federal
Magistrates (Consequential Amendments) Act 1999, subsection 2(1) of which provides as
follows:
(1) Subject to this section, this Act commences on the commencement of the Federal
Magistrates Act 1999.
(p) The Australian Citizenship Act 1948 was amended by Schedule 1 (items 1–15) and
Schedule 2 (items 1 and 2) only of the Migration Legislation Amendment (Electronic
Transactions and Methods of Notification) Act 2001, subsection 2(1) of which provides as
follows:
(1) Subject to this section, this Act commences on a day to be fixed by Proclamation.

Table of Amendments
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected

Preamble................................... ad. No. 71, 1993
Title ........................................... am. No. 22, 1969; No. 129, 1984
Part 1
S. 3............................................ am. No. 99, 1973
rep. No. 216, 1973
ad. No. 97, 2001
S. 4............................................ rs. No. 63, 1958
am. No. 22, 1969; No. 99, 1973
rep. No. 216, 1973
S. 5............................................ am. No. 58, 1950; No. 85, 1953; No. 63, 1958; No. 11, 1966;
No. 11, 1967; No. 22, 1969; No. 99, 1973; No. 216, 1973
(as am. by No. 20, 1974); No. 91, 1976; No. 80, 1982;
No. 129, 1984; No. 70, 1986; No. 141, 1987; No. 59, 1989;
No. 60, 1994; No. 140, 1995; No. 58, 2001; No. 5, 2002;
No. 46, 2006
S. 5A ......................................... ad. No. 129, 1984
am. No. 70, 1986; No. 86, 1987; No. 141, 1987; No. 59,
1989; No. 195, 1991; No. 60, 1994
S. 6............................................ am. No. 216, 1973
Part II......................................... rs. No. 22, 1969
rep. No. 129, 1984
S. 7............................................ am. No. 1, 1955; No. 63, 1958; No. 79, 1959
rs. No. 22, 1969
am. No. 99, 1973
rep. No. 129, 1984
S. 8............................................ rs. No. 22, 1969
am. No. 99, 1973; No. 129, 1984
rep. No. 129, 1984
S. 8A ......................................... ad. No. 99, 1973
rep. No. 129, 1984
S. 9............................................ rs. No. 22, 1969
am. No. 99, 1973; No. 129, 1984
rep. No. 129, 1984
Part III
Division 1
Heading to Div. 1 of Part III ....... am. No. 129, 1984
S. 10.......................................... am. No. 11, 1966; No. 129, 1984; No. 70, 1986; No. 59, 1989
S. 10A ....................................... ad. No. 129, 1984
am. No. 70, 1986
S. 10B ....................................... ad. No. 129, 1984
am. No. 70, 1986; No. 59, 1989; No. 105, 1990; No. 195,
1991; No. 60, 1994; No. 5, 2002
Heading to s. 10C ..................... am. No. 5, 2002
S. 10C ....................................... ad. No. 195, 1991
am. No. 58, 2001

Table of Amendments

S. 11.......................................... am. No. 79, 1959; No. 11, 1966
rs. No. 22, 1969
am. No. 99, 1973
rep. No. 129, 1984
ad. No. 105, 1990
am. No. 195, 1991; No. 58, 2001
Div. 1A of Part III ...................... ad. No. 22, 1969
rep. No. 99, 1973
Ss. 11A–11C ............................. ad. No. 22, 1969
rep. No. 99, 1973
Division 2
Div. 2 of Part III ........................ rep. No. 99, 1973
ad. No. 99, 1973
S. 12.......................................... am. No. 85, 1953; No. 1, 1955; No. 11, 1967; No. 22, 1969
rs. No. 99, 1973
S. 13.......................................... am. No. 22, 1969
rs. No. 99, 1973; No. 129, 1984
am. No. 70, 1986; No. 86, 1987; No. 59, 1989; No. 105,
1990; No. 60, 1994; No. 43, 1996; No. 58, 2001; No. 5,
2002
Div. 3 of Part III ........................ rep. No. 99, 1973
S. 14.......................................... am. No. 58, 1950; No. 85, 1953
rs. No. 1, 1955
am. No. 22, 1969
rs. No. 99, 1973; No. 129, 1984
am. No. 70, 1986; No. 60, 1994; No. 58, 2001
S. 14A ....................................... ad. No. 60, 1994
am. No. 58, 2001; No. 5, 2002
Ss. 14B, 14C ............................. ad. No. 5, 2002
S. 15.......................................... am. No. 58, 1950; No. 70, 1952; No. 85, 1953; No. 1, 1955;
No. 79, 1959; No. 11, 1966; No. 11, 1967; No. 22, 1969
rs. No. 99, 1973
am. No. 129, 1984; No. 65, 1985; No. 70, 1986; No. 71,
1993; No. 194, 1999; No. 5, 2002
S. 16.......................................... am. No. 70, 1952; No. 85, 1953; No. 11, 1966; No. 22, 1969
rep. No. 99, 1973
S. 17.......................................... rs. No. 129, 1984
rep. No. 5, 2002
Division 4
S. 18.......................................... am. No. 22, 1969; No. 99, 1973; No. 129, 1984; No. 70, 1986
S. 19.......................................... am. No. 129, 1984
S. 20.......................................... rep. No. 63, 1958
S. 21.......................................... rs. No. 63, 1958
am. No. 22, 1969; No. 99, 1973; No. 129, 1984; No. 70,
1986; No. 43, 1996; No. 27, 1997; No. 137, 2000; No. 58,
2001
Note to s. 21(1) ......................... ad. No. 5, 2002
S. 22.......................................... rep. No. 63, 1958

Table of Amendments

S. 23.......................................... rs. No. 63, 1958
am. No. 99, 1973; No. 129, 1984; No. 70, 1986; No. 58,
2001; No. 5, 2002
S. 23AA ..................................... ad. No. 129, 1984
rs. No. 70, 1986
am. No. 59, 1989; No. 60, 1994; No. 5, 2002
S. 23AB ..................................... ad. No. 5, 2002
S. 23A ....................................... ad. No. 63, 1958
am. No. 99, 1973; No. 129, 1984; No. 70, 1986
S. 23B ....................................... ad. No. 63, 1958
am. No. 99, 1973; No. 129, 1984; No. 70, 1986; No. 5, 2002
Division 5
Div. 5 of Part III ........................ ad. No. 22, 1969
S. 23C ....................................... ad. No. 22, 1969
am. No. 70, 1986
S. 23D ....................................... ad. No. 99, 1973
am. No. 129, 1984; No. 70, 1986; No. 58, 2001; No. 5, 2002
Part IV ...................................... rep. No. 129, 1984
S. 24.......................................... rs. No. 22, 1969
am. No. 99, 1973; No. 129, 1984
rep. No. 129, 1984
S. 25.......................................... am. No. 85, 1953; No. 1, 1955; No. 63, 1958; No. 11, 1966;
No. 22, 1969; No. 99, 1973; No. 84, 1983; No. 129, 1984
(as am. by No. 65, 1985)
rep. No. 129, 1984
S. 26.......................................... rs. No. 22, 1969
am. No. 99, 1973; No. 129, 1984
rep. No. 129, 1984
S. 26A ....................................... ad. No. 11, 1966
rs. No. 22, 1969
am. No. 99, 1973; No. 129, 1984
rep. No. 129, 1984
S. 27.......................................... rep. No. 129, 1984
S. 28.......................................... am. No. 99, 1973; No. 129, 1984
rep. No. 129, 1984
S. 29.......................................... am. No. 1, 1955; No. 99, 1973; No. 129, 1984
rep. No. 129, 1984
S. 30.......................................... am. No. 63, 1958; No. 22, 1969; No. 99, 1973; No. 129, 1984
rep. No. 129, 1984
Division V
S. 31......................................... rep. No. 1, 1955
ad. No. 105, 1990
S. 32.......................................... am. No. 85, 1953; No. 22, 1969; No. 129, 1984; No. 70, 1986
S. 34.......................................... am. No. 11, 1966
rs. No. 129, 1984
S. 35.......................................... rep. No. 129, 1984

Table of Amendments

S. 36.......................................... am. No. 58, 1950; No. 70, 1952; No. 1, 1955
rs. No. 82, 1960
am. No. 22, 1969; No. 129, 1984; No. 70, 1986
Ss. 36A, 36B ............................. ad. No. 58, 2001
S. 37.......................................... am. No. 1, 1955; No. 22, 1969
rs. No. 129, 1984
am. No. 70, 1986
S. 38.......................................... am. No. 22, 1969
rep. No. 129, 1984
Ss. 39, 40 .................................. rep. No. 129, 1984
S. 40A ....................................... ad. No. 1, 1955
rep. No. 129, 1984
S. 41.......................................... rs. No. 85, 1953
am. No. 99, 1973; No. 61, 1981; No. 71, 1993
S. 42.......................................... am. No. 79, 1959; No. 22, 1969; No. 129, 1984
Ss. 43, 44 .................................. am. No. 99, 1973
S. 44A ....................................... ad. No. 99, 1973
am. No. 129, 1984; No. 70, 1986
S. 45.......................................... am. No. 79, 1959; No. 22, 1969; No. 216, 1973; No. 129,
1984
S. 46.......................................... rs. No. 1, 1955
am. No. 79, 1959; No. 22, 1969; No. 129, 1984
S. 46A ....................................... ad. No. 79, 1959
am. No. 22, 1969; No. 99, 1973; No. 129, 1984; No. 71,
1993; No. 43, 1996
S. 46B ....................................... ad. No. 58, 2001
S. 47.......................................... am. No. 79, 1959; No. 22, 1969; No. 70, 1986
S. 47A ....................................... ad. No. 129, 1984
am. No. 70, 1986
S. 48.......................................... am. No. 70, 1952; No. 11, 1966; No. 22, 1969
rs. No. 129, 1984
am. No. 70, 1986
S. 48A ....................................... ad. No. 22, 1969
am. No. 99, 1973
rep. No. 129, 1984
S. 49.......................................... am. No. 11, 1966; No. 22, 1969
rs. No. 129, 1984
am. No. 97, 2001
S. 50.......................................... rs. No. 63, 1958
am. No. 11, 1966; No. 22, 1969; No. 129, 1984; No. 70,
1986; No. 27, 1997; No. 113, 1998
S. 51.......................................... rs. No. 22, 1969
am. No. 99, 1973
rep. No. 129, 1984
S. 52.......................................... am. No. 129, 1984
S. 52A ....................................... ad. No. 129, 1984
am. No. 70, 1986; No. 105, 1990; No. 195, 1991; No. 60,
1994; No. 5, 2002

Table of Amendments

S. 52B ....................................... ad. No. 129, 1984
S. 53.......................................... am. No. 85, 1953; No. 11, 1966; No. 129, 1984; No. 70,
1986; No. 71, 1993
Heading to The Schedules........ rep. No. 216, 1973
First Schedule ........................... rep. No. 216, 1973
Second Schedule ...................... rs. No. 85, 1953
am. No. 11, 1966
rep. No. 99, 1973
Schedule 2
Schedule 2 ................................ ad. No. 99, 1973
am. No. 70, 1986
rs. No. 71, 1993
Third Schedule .......................... ad. No. 11, 1966
rep. No. 99, 1973
Schedule 3 ................................ ad. No. 99, 1973
rep. No. 129, 1984

Table A
Table A
Application, saving or transitional provisions
Migration Legislation Amendment Act (No. 1) 1998 (No. 113, 1998)
Schedule 7
3 Application
The amendments made by this Schedule apply to acts or omissions after
the commencement of this Schedule.
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act
2000 (No. 137, 2000)
Schedule 2
418 Transitional—pre-commencement offences

(1) Despite the amendment or repeal of a provision by this Schedule, that
provision continues to apply, after the commencement of this item, in
relation to:
(a) an offence committed before the commencement of this item;
or
(b) proceedings for an offence alleged to have been committed
before the commencement of this item; or
(c) any matter connected with, or arising out of, such
proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts
Interpretation Act 1901.
419 Transitional—pre-commencement notices

If:
(a) a provision in force immediately before the commencement
of this item required that a notice set out the effect of one or
more other provisions; and

Table A
(b) any or all of those other provisions are repealed by this

Schedule; and
(c) the first-mentioned provision is amended by this Schedule;
the amendment of the first-mentioned provision by this Schedule does
not affect the validity of such a notice that was given before the
commencement of this item.
Migration Legislation Amendment (Application of Criminal Code) Act 2001

(No. 97, 2001)
4 Application of amendments
(1) Each amendment made by this Act applies to acts and omissions
that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to
have taken place between 2 dates, one before and one on or after
the day on which a particular amendment commences, the act or
omission is alleged to have taken place before the amendment
commences.
Australian Citizenship Legislation Amendment Act 2002 (No. 5, 2002)
Schedule 1
4 Application of amendment—section 17 of the Australian

Citizenship Act 1948
The repeal of section 17 of the Australian Citizenship Act 1948 by this
Schedule applies to an acquisition of nationality or citizenship of a
foreign country, where the acquisition occurs after the commencement
of this item.

Table A
Schedule 2
36 Application of amendments—sections 10B and 23D of the

The amendments of sections 10B and 23D of the Australian Citizenship
Act 1948 made by this Schedule apply in relation to the registration of
the name of a person if the application for registration was made after
the commencement of this item.
37 Application of amendment—subsection 13(3A) of the

Subsection 13(3A) of the Australian Citizenship Act 1948 applies in
relation to the grant of a certificate of Australian citizenship if the
application for the grant was made after the commencement of this
item.
38 Application of amendments—inclusion of name of child in

a certificate of Australian citizenship
(1) This item applies if, before the commencement of this item, a decision
was made to include the name of a child in a certificate of Australian
citizenship under subsection 13(10) of the Australian Citizenship Act
1948.
(2) Despite the amendments made by items 7, 9, 18 and 22 of this
Schedule, the Australian Citizenship Act 1948 continues to apply, in
relation to the inclusion of the name of the child in the certificate, as if
those amendments had not been made.
39 Transitional—inclusion of name of child in a certificate of

Australian citizenship
(1) For the purposes of this item, an application for the inclusion of the
name of a child in a certificate of Australian citizenship is a pending
application if:
(a) the application was made under subsection 13(10) of the
Australian Citizenship Act 1948 before the commencement
of this item; and
(b) the application was not withdrawn before that
commencement; and

Table A
(c) no decision on the application was made before that

commencement.
(2) If:
(a) the certificate had not been granted before the
commencement of this item; and
(b) the applicant for the certificate is a responsible parent of the
child;
the Australian Citizenship Act 1948 has effect, in relation to the pending
application, as if:
(c) the pending application were an application under subsection
13(9B) of that Act for the grant of a certificate of Australian
citizenship to the child; and
(d) the pending application had been set out in the same
document as the application for the certificate; and
(e) the responsible parent were the responsible parent mentioned
in subsection 13(9B) of that Act.
(3) If:
(a) the certificate had already been granted before the
commencement of this item; and
(b) the grantee of the certificate is a responsible parent of the
child;
the Australian Citizenship Act 1948 has effect, in relation to the pending
application, as if the pending application were an application under
subsection 13(9E) of that Act for the grant of a certificate of Australian
citizenship to the child.
40 Application of amendment—paragraph 13(11)(ca) of the

Paragraph 13(11)(ca) of the Australian Citizenship Act 1948 applies in
relation to the grant of a certificate of Australian citizenship if the
application for the grant was made after the commencement of this
item.

Table A
41 Application of amendments—paragraphs 13(11)(d) and (e)

of the Australian Citizenship Act 1948
The amendments of paragraphs 13(11)(d) and (e) of the Australian
Citizenship Act 1948 made by this Schedule apply in relation to the
grant of a certificate of Australian citizenship if the application for the
grant was made after the commencement of this item.
42 Application of amendments—section 23AA of the

The amendments of section 23AA of the Australian Citizenship Act
1948 made by this Schedule apply in relation to the registration of a
declaration if the declaration was given to the Minister after the
43 Application of amendment—section 23B of the Australian

The amendment of section 23B of the Australian Citizenship Act 1948
made by this Schedule applies in relation to the registration of a
declaration if the declaration was given to the Secretary, or to a person
authorised by the Secretary, after the commencement of this item.
44 Transitional—subsection 23B(2) of the Australian

(1) This item applies to regulations if:
(a) the regulations were made for the purposes of subsection
23B(2) of the Australian Citizenship Act 1948; and
(b) the regulations were in force immediately before the
(2) The regulations have effect, after the commencement of this item, as if
they had been made for the purposes of subsection 23B(2) of the
Australian Citizenship Act 1948 as amended by this Schedule.

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Australian Citizenship Act 1948

Act No. 83 of 1948 as amended

The text of any of those amendments not in force

The operation of amendments that have been incorporated may be

Prepared by the Office of Legislative Drafting and Publishing,

Part III—Australian citizenship 11

Australian Citizenship Act 1948 iii

Schedule 2—Pledge of commitment as a citizen of the

iv Australian Citizenship Act 1948

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Application of the Criminal Code

Australian Citizenship Act 1948 1

Australia, when used in a geographical sense, includes the external

2 Australian Citizenship Act 1948

illegal entrant means an illegal entrant within the meaning of the

Australian Citizenship Act 1948 3

return endorsement means a return endorsement issued under

4 Australian Citizenship Act 1948

Commonwealth, a State or a Territory, whether because of

Australian Citizenship Act 1948 5

(ii) that country is the country of his or her permanent

6 Australian Citizenship Act 1948

5A Certain non-citizens to be permanent residents for the purposes

Australian Citizenship Act 1948 7

(ba) in relation to a period on or after the prescribed date and

8 Australian Citizenship Act 1948

(B) a document or endorsement in force under a

Australian Citizenship Act 1948 9

(3) Regulations made by virtue of subsection (1) or a declaration under

6 Extension of Act to Territories

10 Australian Citizenship Act 1948

Part III—Australian citizenship

10A Citizenship by adoption

Australian Citizenship Act 1948 11

(b) at the time of the person’s adoption is present in Australia as

10B Citizenship by descent

12 Australian Citizenship Act 1948

consulate unless the person applying to register the name declares

10C Citizenship by descent for a person aged 18 or over on

Australian Citizenship Act 1948 13

(2) A person may apply to the Minister to be registered under this

(5) For the purposes of subparagraph (4)(c)(iii), an applicant has an

14 Australian Citizenship Act 1948

(d) the applicant has a reason for failing to become registered

11 Citizenship by descent through mother

Australian Citizenship Act 1948 15

writing setting out that decision. The notice may be served

16 Australian Citizenship Act 1948

Division 2—Grant of Australian citizenship

13 Grant of Australian citizenship

Australian Citizenship Act 1948 17

(b) the Minister considers that the person is engaged in activities

18 Australian Citizenship Act 1948

psychiatric institution by order of a court made in connection

Australian Citizenship Act 1948 19

20 Australian Citizenship Act 1948

(9E) Subject to subsection (11), the Minister may, in the Minister’s

Australian Citizenship Act 1948 21

under a law of the Commonwealth, a State or a Territory by