Readers Guide: Australian Citizenship Act 2007

Reader’s Guide: Australian Citizenship Act 2007
Australian Citizenship (Transitionals and Consequentials) Act 2007

© Commonwealth of Australia October 2007
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Table of contents
Chapter one:
Chapter two:
Chapter three:
Chapter four:
Chapter five:
Chapter six:
Chapter seven:
Attachment A:
Introduction
Overview of the Act
Becoming an Australian citizen
Ceasing to be an Australian citizen
Evidence of Australian citizenship
Personal identifiers and other matters
Transitional and consequential arrangements
The Automatic Acquisition and Loss of Australian
Citizenship - 26 January 1949 to 30 June 2007

Chapter one: Introduction
• Background to the legislation
• Purpose of this reader’s guide
Background to the legislation
The legal status of Australian citizenship has existed since the enactment on 26
January 1949 of the Nationality and Citizenship Act 1948, later to become the
Australian Citizenship Act 1948 (the old Act). The old Act was amended more
than 30 times.
In August 1998 the Australian Citizenship Council (the Council) was established
as an independent body to advise on Australian citizenship matters referred to it
by the Government. In a report at the end of 1999, published as Australian
Citizenship for a New Century (Commonwealth of Australia, 2000), the Council
made 64 recommendations including in its final chapter “Refining the structure of
the Australian Citizenship Act 1948”. While most of the substantive changes to
the old Act recommended in the Council’s report (such as the repeal of section
17 to allow for Australians to acquire dual citizenship) were implemented in 2002,
no changes were made at that time to the structure of the old Act.
In 2004 the Government announced a number of further changes to the old Act
to complement the 2002 amendments, and that the opportunity would be taken to
“tidy up” the old Act consistent with the Council recommendation “to improve
presentation so it is logically organized, numbered and consistent, with relevant
matters dealt with together, and ensuring the balance of matters dealt with
between the Act and the Regulations conforms to modern standards”. The
enactment of the Australian Citizenship Act 2007 (the Act) gives effect to these
changes and others announced by the Government in 2005 and 2006.
On 17 September 2006, the Australian Government released a discussion paper
seeking the community’s views on the merits of introducing a formal citizenship
test. Following the consultation process, the Australian Government announced
on 11 December 2006 its intention to introduce a formal citizenship test. The
Australian Citizenship Amendment (Citizenship Testing) Act 2007 amends the
Australian Citizenship Act 2007 from 1 October 2007 to give effect to this
change.
Purpose of this reader’s guide
The Council also recommended a Reader’s Guide to the Act be written. It
suggested the guide could set out in comprehensive, accessible and clear terms
the key aspects of Australia’s citizenship legislation.

It recommended the following be included:
• a history of the ways Australian citizenship could be acquired in the past
which would allow those whose citizenship originates in provisions not
currently shown in the Act to be aware of those origins;
• organisation of material in the Act and Regulations;
• general information on current modes of acquiring Australian citizenship;
and
• the circumstances in which Australian citizenship may be lost or resumed.
This guide is written to assist you in understanding the Act. However, readers of
the Act will see the material within it is more accessible. It includes for instance a
series of simplified outlines throughout the Act:
• section 2A is a simplified outline of the entire Act;
• section 11A is a simplified outline of the automatic acquisition of Australian
citizenship provisions;
• section 15A is a simplified outline of the citizenship by descent provisions;
• section 19A is a simplified outline of the provisions regarding citizenship
for persons adopted in accordance with the Hague Convention on
Intercountry Adoption;
• section 19G is a simplified outline of the citizenship by conferral
provisions;
• section 28A is a simplified outline of the resumption of citizenship
provisions; and
• section 32A is a simplified outline of the provisions for the cessation of
Australian citizenship.
A history of the ways Australian citizenship could be automatically acquired or
lost is attached to the Readers Guide.
Further information and guidance material on Australian citizenship can be found
on the Department of Immigration and Citizenship’s website at
www.citizenship.gov.au
Information on Australian citizenship can also be obtained by calling the
Citizenship Information Line on 131 880

Chapter two: Overview of the Act
• Preamble
• What the Act covers
• The difference between the Act and the Regulations
• The Australian Citizenship (Transitionals and Consequentials) Act 2007
Preamble
A preamble was first introduced into the old Act in 1994. It serves a largely
symbolic purpose. While it describes the consequences of citizenship it does not
have any legal effect.
What the Act covers
As the simplified outline in section 2A explains the Act sets out how a person
becomes an Australian citizen, the circumstances in which a person ceases to be
a citizen, and some other procedural matters related to citizenship. This
essentially is what the purpose of Australian citizenship legislation has been
since it was enacted on 26 January 1949.
The Act does not set out the legal consequences of citizenship in any substantive
way, other than with regard to the acquisition and loss of citizenship. The legal
consequences of Australian citizenship are mainly determined by other pieces of
legislation. For example, the Commonwealth Electoral Act 1903 regarding voting
rights.
There is no reference to Australian citizenship in the Australian Constitution and
consequently there are no explicit constitutional rights of citizenship. Whether
there are any implied citizenship rights in the Constitution is something for the
High Court of Australia to determine, not the Parliament.
The difference between the Act and the Regulations
As the Australian Citizenship Council stated in its 2000 report:
“the governing principle regarding the content of acts and regulations is
that acts should contain matters of substance, addressing broad policy
issues. Regulations, on the other hand, should contain details of
administration, technical or scientific details which are fluid and may
require rapid or frequent change.” i
The Act contains the matters of substance, reflecting Government policy, relating
to the acquisition and cessation of Australian citizenship. There are some
procedural matters in the Act including, for example, the making of decisions
under the Act.

The Australian Citizenship Regulations 2007 (the Regulations) largely deal with
procedural aspects including application fees, the registration of people as
Australian citizens, the making of a pledge of commitment, notification of
decisions made under the Act and the form of evidence of Australia citizenship.
The Australian Citizenship (Transitionals and Consequentials) Act 2007
The Australian Citizenship (Transitionals and Consequentials) Act 2007 repeals
or cancels the old Act, and provides for the transition from the old Act to the
Australian Citizenship Act 2007. The transition provisions include, for example,
the legal consequences for people who made applications under the old Act
which were not decided by the time the old Act was repealed and the Act
commenced. The consequential provisions largely cover the change in name of
the Act which must be reflected throughout other pieces of legislation, for
example changes references in the Australian Passport Act 2005 to the old Act to
the Australian Citizenship Act 2007.

Chapter three: Becoming an Australian citizen
• Overview
• Automatic citizenship
- Citizenship by birth
- Citizenship by adoption
- Citizenship for abandoned children
- Citizenship by incorporation of Territory
• Citizenship by application
- Citizenship by descent
- Citizenship by adoption
- Citizenship by conferral
- Resuming citizenship
Overview
There are two different ways a person can become an Australian citizen:
automatically or by application.
Automatic citizenship means if certain criteria (set out in the Act) are met then
that person is an Australian citizen by operation of the law.
Citizenship by application means just that: a person needs to make an
application to become an Australian citizen. This includes citizenship by descent
(children born overseas to a parent who was an Australian citizen at the time of
the birth), citizenship by adoption for people adopted overseas by at least one
Australian citizen under full and permanent Hague Convention on Intercountry
Adoption arrangements. It also includes citizenship by conferral for people who
have migrated to Australia and former Australian citizens who wish to resume
their citizenship.
Automatic citizenship
‘Automatic citizenship’ makes it clear a person becomes an Australian citizen if
certain things happen.
The simplified outline sets out at section 11A:
“The most common way you become an Australian citizen under this Division is
by being born in Australia and by having a parent who is an Australian citizen or
a permanent resident at the time of your birth.

There are some other, less common, ways of becoming an Australian citizen
under this Division. These cover:
• citizenship by being born in Australia and by being ordinarily resident in
Australia for the next 10 years: see section 12; and
• citizenship by adoption: see section 13; and
• citizenship for abandoned children: see section 14; and
• citizenship by incorporation of territory: see section 15.”
Section 12 Citizenship by birth
A person born in Australia is an Australian citizen if, at the time the person is
born, at least one of their parents is an Australian citizen or a permanent
resident.
A person born in Australia whose parents are neither Australian citizens nor
permanent residents will be a citizen by birth only if the person is ordinarily
resident in Australia throughout the period of 10 years beginning on the day the
person is born. In this case, the person would become a citizen on their tenth
birthday.
These provisions will not apply if a person is born in Australia, the parent is an
enemy alien (someone who is a citizen of another country at war with Australia);
and the place of birth is under occupation by the enemy. An exception to this rule
is where the other parent is an Australian citizen or a permanent resident, and is
not an enemy alien.
Section 13 Citizenship by adoption
A person adopted under a law in force in a State or Territory of Australia by a
person who is an Australian citizen at the time of the adoption (or by two
persons, at least one of whom is an Australian citizen at that time) is an
Australian citizen automatically if present in Australia as a permanent resident at
the time of adoption.
Section 14 Citizenship for abandoned children
A person is an Australian citizen if the person is found abandoned in Australia as
a child, unless and until the contrary is proved.
Section 15 Citizenship by incorporation of Territory
A person will be an Australian citizen if any territory becomes a part of Australia
and the person is included in a class of persons specified in a determination
made by the Minister.

If the Minister, by legislative instrument, determines that specified classes of
persons are Australian citizens from a specified day because of their connection
with the territory, persons in those classes become Australian citizens
automatically on that day.
Citizenship by application
A person can apply to become an Australian citizen by descent, by adoption in
accordance with full and permanent Hague Convention Intercountry Adoption
arrangements, by conferral and to resume their Australian citizenship after
having lost or renounced it.
Australian citizenship by descent
The simplified outline of the citizenship by descent subdivision is set out in
section 15A:
“You may be eligible to become an Australian citizen under this Subdivision in 2
situations:
• you were born outside Australia on or after 26 January 1949 and a parent of
yours was an Australian citizen at the time of your birth: see subsection
16(2); or
• you were born outside Australia or New Guinea before 26 January 1949 and
a parent of yours was an Australian citizen on 26 January 1949: see
subsection 16(3).
You must make an application to become an Australian citizen.
The Minister must approve or refuse you becoming an Australian citizen.
You must be eligible to be an Australian citizen to be approved.
The Minister may be required to refuse your application on grounds relating to:
• non-satisfaction of identity: see subsection 17(3); or
• national security: see subsections 17(4) to (4B); or
• cessation of citizenship: see subsection 17(5).
You will be registered if the Minister approves you becoming an Australian
citizen.
You do not become an Australian citizen, even if the Minister approves you
becoming an Australian citizen, unless a parent of yours was an Australian
citizen at a particular time: see section 19A.”

Section 16 Application and eligibility for citizenship
Section 17 Minister’s Decision
Section 18 Registration
Section 19 Day citizenship begins
If a person applies to become an Australian citizen by descent, and satisfies the
provisions in the Act, the Minister must approve the application and the person
becomes an Australian citizen on the day on which the Minister approves the
application. If approved, the Minister must register the person as an Australian
citizen.
The Act sets out two provisions for citizenship by descent: people born before 26
January 1949 when the legal status of Australian citizenship commenced; and
people born on or after 26 January 1949.
People born outside Australia before 26 January 1949 (and not already
Australian citizens under the old Act), are eligible for citizenship by descent if one
of their parents became a citizen on 26 January 1949 and the parent was born in
Australia or New Guinea or the parent was naturalized in Australia before the
person’s birth. The Minister must be satisfied that they are of good character at
the time the application is decided.
People born outside Australia on or after 26 January 1949 are eligible for
citizenship by descent if, at the time of their birth, they had at least one parent
who was an Australian citizen. If the Australian citizen parent was themselves an
Australian citizen by descent, the parent must have been lawfully present in
Australia for a total of at least two years before the application is made. The only
exception to this provision is where the person is not, and never has been, a
national or citizen of another country.
All people who are aged 18 years or over when they apply for Australian
citizenship by descent must be of good character at the time the application is
decided.
Applications cannot be approved if a person’s identity cannot be verified.
If a person has been assessed by ASIO as a risk to national security their
application cannot be approved unless they are a stateless person who had, at
the time of their birth, an Australian citizen parent. In such cases a person cannot
be approved if they have been convicted of a national security offence.

Section 19A When a person does not become a citizen despite the
Minister’s approval
The Act makes clear that, even if a person is approved, they do not become a
citizen unless at the time of their birth they had a parent who was an Australian
citizen or became an Australian citizen on 26 January 1949.
Citizenship by adoption in accordance with the Hague Convention on
Intercountry Adoption
The simplified outline of the citizenship by adoption in accordance with the
Hague Convention on Intercountry Adoption subdivision is set out in section 19B:
“You may be eligible to become an Australian citizen under this Subdivision if you
are adopted outside Australia in accordance with the Hague Convention on
Intercountry Adoption by at least 1 Australian citizen.
You must make an application to become an Australian citizen.
The Minister must approve or refuse you becoming an Australian citizen.
You must be eligible to be an Australian citizen to be approved.
You may be refused citizenship even if you are eligible.
The Minister may be required to refuse your application on grounds relating to:
• non-satisfaction of identity: see subsection 19D(4); or
• national security: see subsections 19D(5) to (7A); or
• cessation of citizenship: see subsection 19D(8).
You will be registered if the Minister approves you becoming an Australian
citizen.
Section 19C Application and eligibility for citizenship
Section 19D Minister’s Decision
Section 19E Registration
Section 19F Day citizenship begins
If a person applies for Australian citizenship by adoption in accordance with full
and permanent Hague Convention on Intercountry Adoption arrangements, and
satisfies the provisions in the Act, the Minister must approve the application and
the person becomes an Australian citizen on the day on which the Minister

approves the application. If approved, the Minister must register the person as an
Australian citizen.
A person is eligible to become a citizen under these provisions if the person is
adopted in a country that is a signatory to the Hague Convention on Intercountry
Adoption, by at least one person who is an Australian citizen at the time of the
adoption, and an adoption compliance certificate issued in that country is in force
for that adoption, and the adoption is recognised by and is effective for the laws
of the Commonwealth and each State and Territory, and the legal relationship
between the adopted children and the people that were the adopted childrens
parents prior to the adoption have been terminated.
If the Australian citizen adoptive parent is an Australian citizen by descent, or is
themselves an Australian citizen by adoption under this provision, they must
have been lawfully present in Australia for two years prior to the application being
made.
All people who are aged 18 years or over when they apply for Australian
citizenship by adoption in accordance with full and permanent Hague Convention
Intercountry Adoption arrangements must be of good character at the time the
application is decided.
Applications cannot be approved if a person’s identity cannot be verified.
If a person has been assessed by ASIO as a risk to national security their
application cannot be approved unless they are a stateless person born in
Australia, or outside Australia to an Australian citizen parent. In such cases a
person cannot be approved if they have been convicted of certain offences. If the
person was born in Australia this includes national security offences, and
offences against an Australia or foreign law for which the person has been
sentenced to a period of imprisonment of at least 5 years. An exception can be
made in the case of an offence which is not a national security if the Minister is
satisfied that it would be unreasonable to apply that rule. If the person was born
overseas the offences are limited to national security offences.
Note: Hague Convention adoptions which are considered “full and permanent”
means that all legal ties between the adopted child and their birth parents have
been severed. An “adoption compliance certificate” issued by the adoption
authorities of the other Convention country, usually the child’s birth country, is
evidence of a full and permanent adoption. Once the certificate has been issued,
the adoption is recognised in Australia under the Family Law (Hague Convention
on Intercountry Adoption) Regulations 1998 (regulations 16 and 17 refer). There
is no need for the adoptive parents to seek further recognition of the adoption
under Australian law

Citizenship by conferral
The simplified outline of the citizenship by conferral subdivision is set out in
section 19G:
“You may be eligible to become an Australian citizen under this Subdivision in 7
situations:
• you satisfy the general eligibility criteria and have successfully completed a
citizenship test: see subsections 21(2) and (2A)); or
• you have a permanent physical or mental incapacity: see subsection 21(3);
or
• you are aged 60 or over or have a hearing, speech or sight impairment: see
subsection 21(4); or
• you are aged under 18: see subsection 21(5); or
• you were born to a former Australian citizen: see subsection 21(6); or
• you were born in Papua: see subsection 21(7); or
• you are a stateless person: see subsection 21(8).
You must make an application to become an Australian citizen.
The Minister must approve or refuse you becoming an Australian citizen
You must be eligible to be an Australian citizen to be approved.
You may be refused citizenship even if you are eligible
The Minister may be required to refuse your application on grounds relating to:
• non-satisfaction of identity: see subsection 24(3); or
• national security: see subsections 24(4) to (4C); or
• non-presence in Australia: see subsection 24(5); or
• offences: see subsection 24(6); or
• cessation of citizenship: see subsection 24(7).
You may need to make a pledge of commitment to become an Australian
citizen.”

Section 20 Requirements for becoming a citizen
A person becomes an Australian citizen by conferral if their application is
approved and the person makes a pledge of commitment, if required to do so.
Section 21 Application and eligibility for citizenship
Section 24 Minister’s Decision
Section 28 Day citizenship begins etc.
If a person applies for Australian citizenship by conferral, and satisfies the
provisions in the Act, the Minister must approve or refuse the application. The
Minister must not approve a person becoming a citizen unless the person is
eligible under subsection 21(2), (3), (4), (5), (6), (7) or (8). However, the Minister
may refuse to approve a person becoming a citizen even if the person is eligible
under one of those subsections. The discretion of the Minister not to approve
applications for Australian citizenship has been a uniform feature of naturalisation
legislation throughout the Commonwealth for over a century to give the Executive
a wide discretion regarding the citizenship of the State.
People whose applications are approved and are required to make a pledge of
commitment become citizens on the day they make the pledge. People whose
applications are approved and are not required to make a pledge of commitment
generally become citizens on the day their application is approved. However, in
the case of a child under the age of 16 years who applied at the same time as a
responsible parent, the child becomes an Australian citizen on the day their
parent becomes a citizen.
Subsection 21(2) sets out the general eligibility criteria for Australian citizenship
by conferral. These are that the person is aged 18 or over at the time of
application; is a permanent resident; satisfies the residence requirement or has
completed relevant defence service; understands the nature of the application;
possesses a basic knowledge of the English language, has an adequate
knowledge of Australia and of the responsibilities and privileges of Australian
citizenship; is likely to reside or continue to reside or maintain a close and
continuing association) and is of good character at the time of the decision on the
application.
Subsection 21(2A) provides that a person can only satisfy the requirements of
section 21(2) to understand the nature of the application, possess a basic
knowledge of the English language, and have an adequate knowledge of
Australia and of the responsibilities and privileges of Australian citizenship by
successfully completing a test approved by the Minister. A person needs to
successfully complete a test before making an application (a test must be related
to the above three requirements).

The Minister must approve a test by written determination and must specify what
amounts to successful completion of a test. The Minister may also set out the
eligibility criteria a person must satisfy to be able to sit a test and any other
matter related to the test that the Minister thinks appropriate (section 23A).
Subsection 21(3) sets out the requirements for people with permanent physical
or mental incapacity that means they are not capable of understanding the nature
of the application. The requirements are the same as in subsection 21(2) except
there is no requirement to understand the nature of the application or have a
basic knowledge of the English language or an adequate knowledge of Australia
and of the responsibilities and privileges of Australian citizenship.
Subsection 21(4) sets out the requirements for people over the age of 60 or
those who have hearing, speech or sight impairment. The requirements are the
same as in subsection 21(2) except there is no requirement to have a basic
knowledge of the English language or an adequate knowledge of Australia and of
the responsibilities and privileges of Australian citizenship
Subsection 21(5) sets out that a person is eligible if they are under the age of 18
at the time of application.
Subsection 21(6) sets out that a person is eligible if they were born outside of
Australia to a parent who was not a citizen at the time of the birth because that
parent had ceased to be an Australian citizen under section 17 of the old Act
before the birth. The person must be of good character.
Subsection 21(7) sets out the eligibility for people born in Papua prior to 16
September 1975 and at the time of their birth had a parent who was an
Australian citizen by birth in Australia as now geographically defined.
Subsection 21(8) provides for stateless people born in Australia to become
Australian citizens by conferral if they are not a national or citizen of any country;
have never been a national or citizen of another country; at the time of
application does not have any reasonable prospects of acquiring the nationality
or citizenship of a foreign country; and has never had reasonable prospects of
acquiring the nationality or citizenship of a foreign country.
Applications cannot be approved if a person’s identity cannot be verified
(subsection 24(3)).
If a person has been assessed by ASIO as a risk to national security their
application cannot be approved unless they are a stateless person born in
Australia or outside Australia to an Australian citizen parent. In such cases a
person cannot be approved if they have been convicted of certain offences. If the
person was born in Australia this includes national security offences, and
offences against an Australian or foreign law for which the person has been

sentenced to a period of imprisonment of at least 5 years. An exception can be
made in the case of an offence which is not a national security if the Minister is
satisfied that it would be unreasonable to apply that rule. If the person was born
overseas the offences are limited to national security offences (subsections
24(4), (4A), (4B) and (4C)).
If a person if covered by subsections 21(2), (3) or (4), their application cannot be
approved unless they are present in Australia or the residence discretions at
subsections 22(9) or 22(11) have been applied (subsection 24(5)).
There are prohibitions on approval relating to offences and periods spent in
prison or on parole (subsection 24(6)). These prohibitions do not, however, apply
to people eligible under subsection 21(8) relating to stateless people born in
Australia.
A person who ceased to be an Australian citizen within 12 months of making an
application for citizenship by conferral cannot be approved to become a citizen
within 12 months of ceasing to be a citizen, unless they are covered by
subsection 21(8) relating to stateless people born in Australia (subsection 24(7)).
Section 22 Residence requirement
There are different requirements depending on whether a person became a
permanent resident on or after commencement of the Act on 1 July 2007, or was
already a permanent resident on that date.
People who become permanent residents on or after 1 July 2007 meet the
residence requirement if they have been lawfully present in Australia for four
years immediately before applying for citizenship, including at least 12 months as
a permanent resident immediately before applying. Absences of up to 12 months
are allowed during the four years, including no more than three months absence
in the 12 months before applying. However, if a person was born in Australia, or
is a former citizen, they need only have been present in Australia as a permanent
resident for 12 months before applying (subsections 22(1), (1A), (1B) and (2)).
There can be no periods during which the person was confined in prison, or in a
psychiatric institution by order of a court in connection with proceedings for an
offence against Australia law. However, an exception to this rule can be made if,
taking account of the circumstances which resulted in the confinement, the
Minister is satisfied that it would be unreasonable to apply the rule (subsections
22 (1C) and (5A)).
Periods of unlawful residence in Australia may be treated as periods of lawful
residence if they were the result of administrative error. Periods in Australia in
which the person was not a permanent resident as a result of administrative error
may be treated as periods of permanent residence (subsections 22(4A) and (5)).

Section 5B of the Australian Citizenship (Transitionals and Consequentials) Act
2007 provides that people who were permanent residents before 1 July 2007,
and apply for citizenship by conferral before 1 July 2010, meet the residence
requirement if they have been present in Australia as a permanent resident for a
total period of at least one year in the two years before applying, and at least two
years in the five years before that date. However, if a person was born in
Australia, or is a former citizen, they need only have been present in Australia as
a permanent resident for a total period of at least one year in the two years
before applying (subsection 5B (1) and (2)).
Periods during which a person was confined in prison, or in a psychiatric
institution by order of a court in connection with proceedings for an offence
against Australia law, cannot be counted (subsection 5B(3)).
Periods in Australia during which a person was not a permanent resident as a
result of administrative error may be treated as periods of permanent residence
(subsection 22 (5)). This subsection makes explicit reference to paragraph (1)(c)
of the Act. However, section 5B of the Australian Citizenship (Transitionals and
Consequentials) Act 2007 does not provide that the subsection does not apply to
applicants who are permanent residents on commencement of the Act. The
benefit of the apparent inconsistency should therefore be given and the
subsection applied, as appropriate.
The following discretions apply regardless of when a person became a
permanent resident:
• periods of lawful residence in Australia during which the person was not a
permanent resident may be treated as periods of permanent residence if
the Minister is satisfied that a person would otherwise suffer significant
hardship or disadvantage. (subsection 22 (6)) This subsection makes
explicit reference to paragraph (1)(c) of the Act. However, section 5B of the
Australian Citizenship (Transitionals and Consequentials) Act 2007 does
not provide that the subsection does not apply to applicants who are
permanent residents on commencement of the Act. The benefit of the
apparent inconsistency should therefore be given and the subsection
applied, as appropriate.
• periods of time spent overseas by a permanent resident who at the time of
applying is the spouse, de facto spouse, widow or widower of an Australian
citizen, may be treated as time spent in Australia if the Minister is satisfied
that the person had a close and continuing association with Australia during
those periods (subsection 22(9) and (10)).
• periods of time spent overseas by a permanent resident who at the time of
applying holds a permanent visa granted because they were in an
interdependent relationship with an Australian citizen and is in that same

elationship, may be treated as time spent in Australia if the Minister is
satisfied that the person had a close and continuing association with
Australia during those periods (subsection 22(11)).
Section 23 Relevant defence service
A person has completed relevant defence service if they have been in the
permanent forces of the Commonwealth for at least three months; or in the
Naval, Army or Air force reserves for six months; or was discharged from that
service because they became unfit as a result of that service.
Section 25 Minister may cancel approval
In some circumstances, approval of an application can be cancelled if the
application was approved under the general eligibility provisions (subsection
21(2)), the provisions relating to people with a permanent physical or mental
incapacity (subsection 21(3)), or the provisions relating to people aged 60 or over
or with a hearing, speech or sight impairment (subsection 21(4).
Approval can be cancelled if a person hasn’t yet become a citizen and the
person:
• is not a permanent resident; or
• is not likely to reside, or continue to reside, in Australia or maintain a close
and continuing relationship with Australia; or
• is not of good character; or
• has failed to make a pledge of commitment within 12 months of receiving
notice of approval, and the reason is not one that is prescribed in the
regulations.
If a child has made an application at the same time as one or more responsible
parent, and the responsible parents’ approval is cancelled, the child’s approval
must also be cancelled.
If an approval is cancelled it is taken never to have been given.
Section 26 Pledge of Commitment must be made
People approved for citizenship by conferral must make a pledge of commitment
to become an Australian citizen, unless they:
• are under 16 years when they apply; or

• had a permanent physical or mental incapacity when they applied that
means they are not capable of understanding the nature of the application;
or
• were born overseas to a persons who ceased to be a citizen under section
17 of the old Act (subsection 21(6); or
• were born in Papua before 16 September 1975 to an Australian citizen
parent who was born in Australia as currently defined (subsection 21(7)); or
• are a stateless person born in Australia, has never been a citizen of another
country and does not have, and never had, reasonable prospects of
becoming a citizen of another country (subsection 21 (8)).
The Minister can determine in writing that a person cannot make a pledge for a
period of up to 12 months if a visa held by the person may be cancelled
(regardless of whether the person has been notified of that possibility), or the
person has been or may be charged with an offence under Australian law. Any
such determination can be revoked.
A pledge made before a person’s application is approved, or during a period in
which the Minister has determined in writing that the person cannot make a
pledge, has no effect.
Section 27 How pledge of commitment is to be made
A pledge must be made in one of the forms set out in Schedule 1 of the Act, and
in accordance with arrangements set out in the regulations.
A pledge must be made before the Minister or a person authorised by the
Minister.
Resuming citizenship
The simplified outline of the resuming citizenship subdivision is set out in section
28A:
“You may be eligible to become an Australian citizen under this Subdivision if you
ceased to be an Australian citizen under this Act or the old Act.
You must make an application to become an Australian citizen again. The
Minister must approve or refuse you becoming an Australian citizen again.
You must be eligible to be an Australian citizen again to be approved. You may
be refused citizenship again even if you are eligible.
The Minister may be required to refuse your application on grounds relating to:

• non-satisfaction of identity: see subsection 30(3); or
• national security: see subsections 30(4) to (7).
You will be registered if the Minister approves you becoming an Australian citizen
again.”
Section 29 Application and eligibility for citizenship
Section 30 Minister’s Decision
Section 31 Registration
Section 32 Day citizenship begins etc.
If a person applies to become an Australian citizen again, and satisfies the
provisions in the Act, the Minister must approve or refuse the application. The
Minister must not approve a person becoming a citizen unless the person is
eligible under subsection 29(2) or (3). However, the Minister may refuse to
approve a person becoming a citizen even if the person is eligible under one of
those subsections. The discretion of the Minister not to approve applications for
Australian citizenship has been a uniform feature of naturalisation legislation
throughout the Commonwealth for over a century to give the Executive a wide
discretion regarding the citizenship of the State. If a person is approved, the
Minister must register the person as an Australian citizen.
A person becomes an Australian citizen again on the day on which the Minister
approves the application, and has the same kind of citizenship as that held
before they ceased to be a citizen. For example, a person who was a citizen by
descent becomes again a citizen by descent. If approved, the Minister must
register the person as an Australian citizen.
A person can become an Australian citizen again if they ceased to be a citizen:
• because they renounced their Australian citizenship, under either the old
Act or this Act, to acquire or retain another citizenship, or to avoid suffering
significant hardship or detriment; or
• because they were the child of a parent who ceased to be an Australian
citizen, under either the old Act or this Act; or
• when they acquired another citizenship before 4 April 2002 and lost under
section 17 of the old Act; or
• because they resided outside Australia for a certain period of time between
26 January 1948 to 8 October 1958 and lost under section 20 of the old
Act.

All people who are aged 18 years or over when they apply to resume their
Australian citizenship must be of good character at the time the application is
decided.
Applications cannot be approved if a person’s identity cannot be verified.
If a person has been assessed by ASIO as a risk to national security their
application cannot be approved unless they are a stateless person born in
Australia or outside Australia to an Australian citizen parent. In such cases a
person cannot be approved if they have been convicted of certain offences. If the
person was born in Australia this includes national security offences, and
offences against an Australia or foreign law for which the person has been
sentenced to a period of imprisonment of at least 5 years. An exception can be
made in the case of an offence which is not a national security if the Minister is
satisfied that it would be unreasonable to apply that rule. If the person was born
overseas the offences are limited to national security offences (subsections
30(4), (5), (6) and (7)) .

Chapter four: Ceasing to be an Australian citizen
• Overview
• Renunciation
• Revocation
• Service in armed forces of enemy country
Overview
Division 3 deals with how a person can stop being an Australian citizen. The
simplified outline of this division of the Act is set out in section 32A:
“There are 4 ways in which you can cease to be an Australian citizen:
• you may renounce your Australian citizenship: see section 33; or
• if you did not automatically become an Australian citizen, the Minister can
revoke your citizenship: see section 34; or
• you serve in the armed forces of a country at war with Australia: see section
35; or
• if you are the child of a responsible parent who ceases to be an Australian
citizen, the Minister can revoke your citizenship in some situations: see
section 36.”
Renunciation
If a person applies to renounce their citizenship and satisfies the provisions in the
Act, the Minister must approve or refuse the application. A person ceases to be
an Australian citizen at the time an application to renounce citizenship is
approved (subsection 33(1) and (8)).
A person must be 18 or over and a national or citizen of a foreign country to be
eligible to renounce their Australian citizenship; or have been born, or be
ordinarily resident in, a foreign country and not allowed to acquire the nationality
or citizenship of that country because the person is an Australian citizen
(subsection 33(3)).
The Minister must not approve a person renouncing their citizenship if the
Minister is not satisfied of the identity of the person; or considers that it would not
be in the interests of Australia to do so; or the person is not a national or citizen
of another country or will not become a national or citizen of another country
immediately after the approval (subsection 33(4), (6) and (7)).
The Minister may refuse to approve a person renouncing their Australian
citizenship if the person is a national or citizen of a foreign country at the time the

person made the application and made the application during a war in which
Australia is engaged (subsection 33(5)).
If a person renounces their Australian citizenship, and is the responsible parent
of a child under 18 years of age, the Minister may revoke the child’s citizenship
unless the child would become stateless; or another responsible parent of the
child is, or was at the time of their death, an Australian citizen (section 36).
Revocation by Minister
A person can have their citizenship revoked under this section only if they
became a citizen by application: that is, they are a citizen by descent, by
adoption under the Hague Convention on Intercountry Adoption, or by conferral.
This includes people who ceased to be a citizen, resumed their citizenship, and
again became a citizen by descent, by adoption under the Hague Convention on
Intercountry Adoption, or by conferral..
The Minister may revoke the citizenship of a citizen by descent or a citizen by
adoption under the Hague Convention on Intercountry Adoption intercountry
adoption if that person has either been convicted of specific offences under the
Act or the Criminal Code (about false statements or misrepresentation) or
another person has been convicted of specific offences under the Act or the
Criminal Code (about false statements or misrepresentation) and the offence was
connected with the person being approved to become an Australian citizen. This
second circumstance is referred to as third-party fraud.
The Minister may revoke the citizenship of a citizen by conferral if the person:
• has been convicted of specific offences under the Act or the Criminal Code
(about false statements or misrepresentation); or
• has been convicted of a serious offence that was committed at any time
before they become an Australian citizen, unless revocation of their
citizenship would mean that the person would become stateless; or
• obtained the approval to become an Australian citizen as a result of
migration related fraud; or
• another person has been convicted of specific offences under the Act or
the Criminal Code (about false statements or misrepresentation) and the
offence was connected with the person being approved to become an
Australian citizen. This is referred to as third-party fraud.
A serious offence is an offence against an Australia law or a foreign law for which
the person has been sentenced to death or a sentence of imprisonment for a
period of at least 12 months.

The “migration-related fraud” provision, which is explained in subsection 34(6),
does not apply if the act or omission for which the person was convicted was not
relevant to the person becoming a permanent resident.
Conviction of an offence includes where a charge is proven but no conviction
recorded.
In all circumstances in which the Minister may revoke a person’s citizenship, the
Minister must be satisfied that it would be contrary to the public interest for the
person to remain an Australian citizen.
If a person’s citizenship is revoked, the person ceases to be an Australian citizen
at the time of the revocation.
If a person’s citizenship is revoked, and they are the responsible parent of a child
under 18 years of age, the Minister may revoke the child’s citizenship unless the
child would become stateless; or another responsible parent of the child is, or
was at the time of their death, an Australian citizen (section 36).
Service in the armed forces of an enemy country
A person automatically ceases to be an Australian citizen if they are a citizen or
national of another country and they commence service in the armed forces of a
country at war with Australia.
If a person ceases to be a citizen because of service in the armed forces of an
enemy country, and is the responsible parent of a child under 18 years of age,
the Minister may revoke the child’s citizenship unless the child would become
stateless; or another responsible parent of the child is, or was at the time of their
death, an Australian citizen (section 36).

Chapter five: Evidence of Australian citizenship
Section 37 provides that a person can apply for evidence of their Australian
citizenship, and the Minister may give the person a notice stating that the person
is an Australian citizen.
A notice must be in a form prescribed by the regulations and cannot be given to a
person unless the Minister is satisfied of the identity of the person.
The Minister can cancel a notice given to a person.
The Minister can request a person to surrender a notice given to person as
evidence of their citizenship if the notice has been cancelled or the person’s
citizenship has been revoked.
A person commits an offence under the Act if they do not surrender a notice
when requested to do so.
Section 39 provides that a person commits an offence under the Act if they alter
a notice, or cause or permit a notice to be altered. The penalty for this offence is
imprisonment for 12 months.

Chapter six: Personal identifiers and other matters
• Personal identifiers
• Application requirements
• Notification of decisions
• Review of Decisions
• Delegations
Personal identifiers
Division 5 of the Act contains provisions relating to the collection, use, storage
and destruction of personal identifiers for the purposes of the Act.
Personal identifiers can only be collected and used to identify, or authenticate the
identity of, a person seeking to sit a citizenship test, a person making an
application for citizenship or evidence of citizenship, or to assist in combating
document or identity fraud in citizenship matters.
Personal identifiers that can be collected under the Act include: fingerprints or
handprints of a person; a measurement of a person’s height and weight; a
photograph or other image of a person’s face and shoulders; an iris scan; a
person’s signature. A personal identifier involving the use of an intimate forensic
procedure is prohibited.
The Act protects the privacy of applicants for Australian citizenship by placing
limits on the access and disclosure of identifying information provided under its
provisions.
Application requirements
Section 46 of the Act sets out that an application made under the Act must be
made on a form approved by the Minister, contain the information required by the
form, be accompanied by any other information or documents set out in the
Regulations and be accompanied by a fee, if any is prescribed by the
Regulations. A fee prescribed by the Regulations for applications for citizenship
by conferral may include a component that relates to sitting a citizenship test.
A child under the age of 16 may be included in the application form of a
responsible parent or may apply separately.
Regulations can provide for fees to be refunded.
Notification of decisions
Section 47 of the Act provides that a person must be given notice of a decision
under the Act, and the notice must include reasons if the decision is an adverse

decision. If the person is a child, the Minister can give notice of the decision to a
parent.
A failure to give notice does not affect the validity of the decision. In other words,
if notice is not given the decision still stands.
Review of decisions
Section 52 of the Act provides for applications to be made to the Administrative
Review Tribunal for administrative review of the following decisions:
• a decision to refuse a person becoming an Australian citizen by descent;
• a decision to refuse a person becoming an Australian citizen by adoption in
accordance with the Hague Convention on Intercountry Adoption;
• a decision to refuse a person becoming an Australian citizen by conferral,
provided the person is a permanent resident aged 18 years of over at the
time of application and the reasons for the decision did not refer to
subsection 21(8) about statelessness;
• a decision to cancel an approval given to a person who applied for
citizenship by conferral;
• decision to refuse to approve a person becoming an Australian citizen
again;
• a decision to refuse to approve a person renouncing their Australian
citizenship, except refusal of an application because the person applied
during a war in which Australia is engaged;
• a decision to revoke a person’s Australian citizenship.
Delegations
Section 53 of the Act gives the Minister the power to delegate to any person all or
any of the Minister’s functions or powers under the Act or regulations, except for
the function of approving a citizenship test under subsection 23A(1).

Chapter seven: Transitional and consequential arrangements
When an Act is repealed legal issues need clarification regarding the operation of
the old Act (including things that are still not yet resolved under the old Act) and
the way other Acts (which may have references to, or incorporate aspects of, the
old Act) are amended.
The Australian Citizenship (Transitionals and Consequentials) Act 2007
(Transitional Act) provides for such matters. Part 1 of Schedule 1 of the
Transitional Act sets out amendments to other Acts. Most of these change
references from the Australian Citizenship Act 1948 to the Australian Citizenship
Act 2007 (the Act). Part 2 of Schedule 1 of the Transitional Act repeals the
Australian Citizenship Act 1948. Schedule 2 is not related to citizenship – it
amends the Immigration (Education) Act 1971.
Part 1 of Schedule 3 deals with the transition from the old Act to the Act. The
significant aspects include:
• that Australian citizens under the old Act are citizens under the Act, and of
the same kind as under the old Act;
• that the provisions for people adopted in accordance with the Hague
Convention on Intercountry Adoption apply also to adoptions completed
before commencement of the Act;
• that applications made under the old Act, but not decided before
commencement, are applications under the Act;
• provisions relating to the assessment of applications made, but not
decided, before commencement of the Act;
• that a person approved under the old Act is taken to be approved under the
Act;
• that a person who is required to make the Pledge of Commitment, but has
not made it before commencement of the Act, will become a citizen at the
time the Pledge is made under the Act;
• that review proceedings under the old Act continue under the old Act;
• that actions under the old Act are taken to be actions under the Act. For
example, cessation of citizenship, cancellation of an approval, a conviction
for an offence, and revocation of citizenship.
Finally, there are further provisions in Part 2 of Schedule 3, relating to
amendments made by Schedules 1 and 2 to the Transitional Act.

Attachment A
The Automatic Acquisition and Loss of Australian Citizenship
26 January 1949 to 30 June 2007
Australian citizenship became a reality on 26 January 1949 with the enactment of
the Nationality and Citizenship Act 1948. Before that date, people were British
subjects, either by birth in Australia or as a result of being naturalised (under the
Naturalisation Act 1903-1920 or the Nationality Act 1920), or aliens.
On 4 June 1969 the Nationality and Citizenship Act 1948 became the Citizenship
Act 1948.
On 17 September 1973 the Citizenship Act 1948 became the Australian
Citizenship Act 1948.
This attachment provides information on the circumstances, on and after 26
January 1949 and on and before 30 June 2007, in which people acquired or lost
Australian citizenship by operation of law or, in other words, automatically. The
Department generally does not have records of people who automatically
acquired or lost their citizenship, unless an individual has applied for evidence of
their citizenship or otherwise had contact with the Department and their status as
a citizen or a former citizen has been recorded.
The circumstances in which people acquired or lost their citizenship as a result of
an application and/or decision made under Australian citizenship legislation since
26 January 1949 are not covered in this attachment. In all such circumstances
the Department would have records of the individuals concerned.
Acquisition
The Nationality and Citizenship Act 1948 contained transitional provisions under
which people automatically acquired Australian citizenship on 26 January 1949
or at a later date.
The Nationality and Citizenship Act 1948 also contained provisions for the
acquisition of citizenship by people born in Australia on or after 26 January 1949,
or as a result of the incorporation of a territory as part of Australia, or as a result
of adoption.
Transitional Provisions: 26 January 1949
People who became Australian citizens on 26 January 1949 were British subjects
immediately before 26 January 1949 who:

• had been born in Australia unless, at the time of their birth, their father was
a diplomat or they were born in a place in Australia under occupation by the
enemy and their father was an enemy alien; or
• had been born in New Guinea; or
• had been naturalised in Australia; or
• were in Australia, had been born outside Australia and New Guinea, and
had a father who became an Australian citizen on 26 January 1949
because he was a British subject born in Australia or New Guinea, or had
been naturalised in Australia; or
• had been ordinarily resident in Australia or New Guinea, or partly in
Australia and partly in New Guinea, for at least 5 years immediately prior to
26 January 1949.
With the exception of people covered by the fourth dot point above, it did not
matter whether the person was in Australia or overseas.
A woman who was a British subject not covered by the dot points above, who
entered Australia before 26 January 1949 and was married to a person who
became or, if he was dead, would have become an Australian citizen on 26
January 1949, also became an Australian citizen on 26 January 1949. For the
purpose of establishing whether a person would have become an Australian
citizen on 26 January 1949 it should be assumed that the person would have
continued to be ordinarily resident where they were ordinarily resident prior to
their death.
A person who would have ceased to be a British subject on 26 January 1949, but
for the fact that they had been ordinarily resident in Australia or New Guinea for
five years, did not become an Australian citizen on that date.
The Nationality Act 1920 provided that “a British subject who, when in any foreign
state and not under disability, by obtaining a certificate of naturalization or by any
other voluntary and formal act, becomes naturalized therein, shall thenceforth be
deemed to have ceased to be a British Subject.”
“disability” was defined as meaning the status of being a married woman, or a
minor, lunatic or idiot. This means that a British subject who was a married
woman did not cease to be a British subject when she acquired the nationality or
citizenship of another country.

Transitional Provisions: Between 26 January 1949 and 30 April 1987
People born overseas before 26 January 1949, who did not become Australian
citizens on 26 January 1949, automatically acquired Australian citizenship on
entry to Australia:
• between 26 January 1949 and on or before 5 November 1966, if they were
a British subject immediately before 26 January 1949 and they had a father
who became an Australian citizen on 26 January 1949 because he was a
British subject born in Australia or New Guinea, or had been naturalised in
Australia; or
• on or after 6 November 1966 and on or before 19 February 1973, if they
were a British subject immediately before 26 January 1949, had a father
who became an Australian citizen on 26 January 1949 because he was a
British subject born in Australia or New Guinea, or had been naturalised in
Australia, and entered Australia as a British subject; or
• on or after 20 February 1973 and on or before 30 April 1987, if they were a
British subject immediately before 26 January 1949, had a father who
became an Australian citizen on 26 January 1949 because he was a British
subject born in Australia or New Guinea, or had been naturalised in
Australia, and entered Australia with the status of a British subject.
The legislation provided that the following people were deemed to be British
subjects immediately prior to 26 January 1949:
• a woman who had ceased to be a British subject only because she
acquired another nationality as a result of her marriage to an alien; or
because during marriage she had acquired a new nationality as a result of
her British subject husband acquiring a new nationality;
• a person who was not a British subject immediately before 26 January
1949 solely because they had failed within one year of reaching the age of
twenty-one, or in special cases within a prescribed extended period:
– to be registered as required by the Nationality Act 1920 as having
declared their intention to retain British nationality; and
– if the laws of the country of other nationality or citizenship allowed, to
renounce their other citizenship or nationality;
• a person whose father or mother was granted a certificate of naturalisation
before 1 January 1920, and who was not deemed to be a British subject
only because the certificate did not satisfy the definition of a certificate
under the Nationality Act 1920;
• a person who was, or had been, the wife of a person granted a certificate
of naturalisation before 1 January 1920 and who was not deemed to be a

British subject only because the certificate did not satisfy the definition of a
certificate under the Nationality Act 1920.
The legislation also provided for the automatic acquisition of Australian
citizenship by certain people who would have become Australian citizens on 26
January 1949 but for the fact that as children they ceased to be British subjects
on the loss of British nationality by a parent. To have acquired Australian
citizenship, people needed to have had registered, no later than the following
dates, a declaration that they wished to resume British nationality:
• 25 January 1950; or
• the date upon which they attained the age of 21; or
• on or after 1 December 1973, the date upon which they attained the age of
18; or
• within such further period as the Minister allowed.
Australian citizenship was acquired on registration of the declaration. The
Department would have records of these people.
People Born in Australia on or after 26 January 1949
On or after 26 January 1949 and on or before 19 August 1986
A person born in Australia acquired citizenship at birth unless, at the time of their
birth, their father was a diplomat or the person was born in a place in Australia
under occupation by the enemy and their father was an enemy alien.
On or After 20 August 1986
A person born in Australia acquires citizenship at birth if at least one parent is an
Australian citizen or permanent resident.
A person who does not acquire citizenship at birth but is ordinarily resident in
Australia for the 10 years since birth becomes a citizen on their 10 th birthday.
Abandoned Children
The legislation between 4 June 1969 and 19 August 1986 provided that a child
found abandoned in Australia was, unless and until the contrary was proven,
deemed to have been born in Australia.

Since 20 August 1986 the legislation has provided that a child found abandoned
in Australia is, unless and until the contrary is proven, deemed to have been
born in Australia if:
• they were born on or after 26 January 1949 and on or before 5 May 1966
and, at the time of their birth, their non-citizen father was not a diplomat for
another country, and not an enemy alien if the birth occurred in a place
under occupation by the enemy;
• they were born on or after 6 May 1966 and on or before 19 August 1986
and, at the time of their birth, their non-citizen father was not a diplomat or
consular officer for another country, and was not ordinarily resident in
Australia; or, if the birth occurred in a place under occupation by the
enemy, the father was not an enemy alien;
• they were born on or after 20 August 1986 and, if the birth occurred in a
place under occupation by the enemy, a parent was not an enemy alien
unless a parent was an Australian citizen or permanent resident and not an
enemy alien.
Definitions
British Subject
Between 26 January 1949 and up to an including 30 April 1987 there were
provisions in the Act relating to the status of British subject. Generally, and
initially, a British subject was a person who was a citizen of the following
countries:
United Kingdom and Colonies Canada New Zealand
The Union of South Africa Newfoundland India
Pakistan Southern Rhodesia Ceylon
and an Irish citizen who was also a British subject immediately before 26
January 1949 and gave notice in the prescribed form claiming to remain a British
subject on the grounds that he was or had been in the employment of an
Australian government; he was the holder of an Australian passport issued by
the Australian government; or he had association by way of descent, residence
or otherwise with Australia or New Guinea.
On 11 May 1955 Newfoundland was deleted from the list.
On 8 October 1958, Southern Rhodesia became the Federation of Rhodesia and
Nyasaland, and Ghana and the Federation of Malaysia were added to the list.
On 1 December 1959 the Federation of Malaysia was replaced with the
Federation of Malaya and the State of Singapore.

On 1 May 1970, the following countries were added to the list:
Barbados Botswana Cyprus Gambia
Jamaica Kenya Lesotho Malawi
Malta Mauritius Nauru Nigeria
Sierra Leone Tanzania Trinidad and Tobago Uganda
Zambia
On 1 December 1973 South Africa and Pakistan were deleted, Ceylon was
amended to Sri Lanka, and the following countries added to the list:
Bahamas Bangladesh Fiji Guyana
Swaziland Tonga Western Samoa
From 1 December 1973 up to and including 30 November 1975, citizens of
Pakistan and South Africa who were ordinarily resident in Australia immediately
before 1 December 1973, and children of such people, were treated as if they
were a citizen of a country listed.
Ordinarily Resident
A person is ordinarily resident in a country if the person has their home in that
country or that country is the country of their permanent abode even if they are
temporarily absent from it, unless the person resides in that country for a special
or temporary purpose.
Adopted Children
Since 25 November 1984 the legislation has provided that a permanent resident
in Australia who is adopted by an Australian citizen under a law in force in a
State or Territory of Australia is an Australian citizen.
Incorporation of Territory
When a territory becomes part of Australia, the Governor General can by order
published in the Gazette specify that people in a class of persons become
Australian citizens on the specified date by reason of their connexion with that
territory.

Loss
Since 26 January 1949, Australian citizenship legislation has provided for people
to cease to be an Australian citizen by operation or law, or lose their citizenship
automatically, if they:
• acquired another nationality or citizenship;
• served in the armed forces of a country at war with Australia;
• resided outside Australia for more than seven years; or
• were the child of a person who ceased to be an Australian citizen.
Acquired another Nationality or Citizenship
From 26 January 1949 up to and including 15 September 1975, an Australian
citizen “of full age and of full capacity” who was outside Australia and New
Guinea, and acquired the nationality or citizenship of another country through
some voluntary and formal act (other than marriage) ceased to be an Australian
citizen upon that acquisition. Up to and including 30 November 1973, “of full age”
meant that the person was 21 years of age or over. From 1 December 1973 “of
full age” meant that the person was 18 years of age or over.
From 16 September 1975 up to and including 24 November 1984, an Australian
citizen “of full age and of full capacity” who was outside Australia, and acquired
the nationality or citizenship of another country through some voluntary and
formal act (other than marriage) ceased to be an Australian citizen upon that
acquisition.
From 25 November 1984 up to and including 3 April 2002, an Australia citizen
aged 18 years or over who did any act or thing (other than marriage), the sole or
dominant purpose of which, and the effect of which, was to acquire the
nationality or citizenship of another country ceased to be an Australian citizen
when they acquired that other citizenship or nationality.
From 4 April 2002, an Australian citizen who acquired another
citizenship/nationality on or after that date no longer ceased to be an Australian
citizen as a result of that action.

Served in the Armed Forces of a Country at War with Australia
An Australian citizen who was the national or citizen of another country and
served in the armed forces of a country at war with Australia ceased to be an
Australian citizen on commencement of that service. As Australia was not
formally at war with another country between 26 January 1949 and 30 June
2007, no Australian citizen ceased to be a citizen under this provision.
Resided Outside Australia for More than Seven Years
From 26 January 1949 up to and including 7 October 1958, an Australian citizen
by registration or naturalisation ceased to be a citizen if they resided outside
Australia and New Guinea for a continuous period of seven years unless:
• during that period they had at least once during the second and each
subsequent year, or at such other time as the Minister in special
circumstances allowed, given the prescribed notice at an Australian
consulate of their intention to retain Australian citizenship; or
• they had resided overseas in the employment of an Australian government,
or an international organisation of which the Australian Government was a
member, or of a person, society, company or body or persons resident or
established in Australia or New Guinea; or
• they gave prescribed notice for a portion of the period and for the
remainder of the period was in the employment of an Australian
government, or an international organisation of which the Australian
Government was a member, or of a person, society, company or body or
persons resident or established in Australia or New Guinea; or
• they were under the age of 21 years and resided with their responsible
parent or guardian who was an Australian citizen.
Child of a Person who ceased to be an Australian citizen
From 26 January 1949 up to and including 30 November 1973, a person under
the age of 21 years ceased to be an Australian citizen if their responsible parent
or guardian ceased to be an Australian citizen and the person had another
citizenship.
From 1 December 1973 up to and including 24 November 1984, a person under
the age of 18 years ceased to be an Australian citizen if their responsible parent
or guardian ceased to be an Australian citizen and the person had another
citizenship.

From 25 November 1984 up to and including 30 June 2007, a person under the
age of 18 years of age ceased to be a citizen if their responsible parent or
guardian ceased to be an Australian citizen and the person had another
citizenship, unless another responsible parent was an Australian citizen and until
there ceased to be a responsible parent who was a citizen.
Responsible Parent
From 26 January 1949 up to and including 21 November 1984, this meant the
father of the child unless the father was dead, or the mother had been given
custody of the child by order of a court, or the child was born out of wedlock and
resides with the mother. In these cases the mother was the responsible parent.
Therefore, if the child’s father was not an Australian citizen and the child’s
Australian citizen mother ceased to be an Australian citizen the child did not
cease to be an Australian citizen.
From 22 November 1984 up to and including 10 June 1996, this meant a person
who had guardianship or custody of the child, whether jointly or otherwise, under
a law in force in a foreign country or a law of the Commonwealth, a State or a
Territory whether by reason of adoption, operation of law, an order of the court
or otherwise.
From 11 June 1996 up to and including 30 June 2006, this meant:
• a parent of the child except where they no longer had any parental
responsibility for the child because of orders made under the Family Law
Act 1975; or
• a person who had a residence order in relation to the child; or
• a person who had a specific issues order in relation to the child under
which the person was responsible for the child’s long-term or day-to-day
care, welfare and development; or
• a person who had guardianship or custody of the child, jointly or otherwise,
under a law in force in a foreign country or a law of the Commonwealth, a
State or Territory, whether because of adoption, operation of law, an order
of a court or otherwise.
From 1 July 2006 up to and including 30 June 2007, this meant:
• a parent of the child except where they no longer had any parental
responsibility for the child because of orders made under the Family Law
Act 1975; or
• a person with whom the child was living under a parenting order; or

• a person who had, under a parenting order, parental responsibility for the
child's long-term or day-to-day care, welfare and development; or
• a person who had guardianship or custody of the child, jointly or otherwise,
under a law in force in a foreign country or a law of the Commonwealth, a
State or a Territory, whether because of adoption, operation of law, an
order of a court, or otherwise.
All reference to “a person” meant any person whether or not a parent of the
child.