Commonwealth Numbered Acts

AUSTRALIAN CITIZENSHIP AMENDMENT ACT 1984 No. 129 of 1984 - SECT 10

10. Section 11 of the Principal Act is repealed and the following sections are
substituted: Citizenship by adoption

"10A. 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

   (b)  at the time of his adoption is present in Australia as a permanent
resident, shall be an Australian citizen. Citizenship by descent

"10B. (1) A person born outside Australia (in this sub-section 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 within 18 years after his birth;
        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 in the manner referred to
in sub-sub-paragraph (ii) (A); or

        (ii)   was -

                (A)  at that time an Australian citizen who had acquired
Australian citizenship under this section, or under
section 11 of this Act as in force at any time before the
commencement of this section; 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, 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.

"(2) Where, at the time of the birth of a child (in this sub-section 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 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 sub-section (2) in
relation to that registration.".