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AUSTRALIAN CITIZENSHIP AMENDMENT ACT 1984 No. 129 of 1984 - SECT 20
Special provisions to prevent persons being stateless
20. Section 23D of the Principal Act is amended by omitting sub-sections (2)
and (3) and substituting the following sub-sections:
"(2) Where the Minister makes a decision under sub-section (1) refusing an
application and the applicant is present in Australia, the Minister shall
cause to be served on the applicant, either personally or by post, a notice in
writing setting out that decision.
"(3) Where -
(a) but for this sub-section, section 10B would prevent the acquisition of
Australian citizenship by a person by reason only of all or any of the
following matters:
(i) that more than 18 years have elapsed since the birth of the
person;
(ii) that the requirement set out in sub-sub-paragraph
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
birth;
(iii) the operation of sub-section 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 sub-section, a person to whom sub-paragraph 21 (1)
(a) (ii) applies would, if the Minister were to make an order under
sub-section 21 (1) in relation to that person, become a person who is not a
citizen of any country, sub-section 21 (1) does not apply in relation to that
person.".
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