Commonwealth Numbered Acts

AUSTRALIAN CITIZENSHIP AMENDMENT ACT 1984 No. 129 of 1984 - SECT 39

39. (1) In this section -

"amended Act" means the Principal Act as amended by this Act;

"commencing day" means the twenty-eighth day after the day on which this Act
receives the Royal Assent.

(2) The amendments made by section 9 apply to a person born after the
commencing day.

(3) Section 10A of the amended Act applies to a person adopted after the
commencing day.

(4) Section 10B of the amended Act applies to a person born either before or
after the commencing day.

(5) Where the name of a person who was born outside Australia on or after 26
January 1949 is registered at an Australian consulate for the purposes of
section 10B of the amended Act within 2 years after the commencing day -
(a) paragraph 10B (1) (a) of the amended Act has effect as if "within 18
years of his birth" were omitted; and

   (b)  sub-sub-paragraph 10B (1) (b) (ii) (B) of the amended Act does not
apply in relation to the acquisition of Australian citizenship by the
person.

(6) Sections 13 and 14 of the amended Act apply to persons who made
application under section 13 or 14 of the Principal Act, being persons whose
applications had not been granted or refused before the commencing day, as if
those applications had been made under the corresponding provision of section
13 of the amended Act.

(7) Sub-section 13 (3) of the amended Act applies to relevant defence service,
and to discharge from such service, either before or after the commencing day.

(8) Paragraph 13 (11) (a) of the amended Act, in so far as it relates to an
offence with which a person has been charged, applies to an offence with which
a person has been charged either before or after the commencing day.

(9) Sub-section 13 (11) of the amended Act, in so far as it relates to a
period during which a person has been confined in a prison or psychiatric
institution, applies to a person so confined either before or after the
commencing day.

(10) Sub-section 15 (3) of the amended Act has effect, on and after the
commencing day, in relation to a person granted a certificate of Australian
citizenship before that day under sub-section 14 (8) of the Principal Act by
virtue of being the wife or husband of a person referred to in paragraph 14
(8) (d) of that Act, but who is not, on the commencing day, an Australian
citizen by virtue of section 15 of the Principal Act, as if the reference in
that first-mentioned sub-section to sub-section 13 (9) of the amended Act
included a reference to sub-section 14 (8) of the Principal Act and as if the
reference in that first-mentioned sub-section to sub-paragraph 13 (9) (d) (ii)
of the amended Act included a reference to paragraph 14 (8) (d) of the
Principal Act.

(11) Sub-section 15 (4) of the amended Act has effect, on and after the
commencing day, in relation to a person whose name was, under sub-section 14
(9) of the Principal Act, included in a certificate of Australian citizenship
before that day but who is not, on the commencing day, an Australian citizen
by virtue of section 15 of the Principal Act, as if the reference in the
first-mentioned sub-section to sub-section 13 (10) of the amended Act included
a reference to sub-section 14 (9) of the Principal Act.

(12) Sections 17 and 23AA of the amended Act do not apply to an act or thing
done before the commencing day.

(13) Sub-section 18 (1) of the amended Act, in so far as it relates to a
person born in a foreign country, applies to a person born either before or
after the commencing day.

(14) Sub-paragraph 21 (1) (a) (i) of the amended Act applies to convictions
that occurred either before or after the commencing day.

(15) Sub-paragraph 21 (1) (a) (ii) of the amended Act applies to applications
furnished after the commencing day.

(16) Sub-section 23 (1) of the amended Act does not apply in relation to a
person who ceased to be an Australian citizen under section 17, 18 or 19 of
the Principal Act before the commencing day.

(17) Sub-section 36 (1) of the amended Act does not apply in relation to a
statement furnished before the commencing day.

(18) Section 47A of the amended Act applies to a certificate of Australian
citizenship granted either before or after the commencing day.

(19) Section 52A of the amended Act applies to decisions made on or after the
commencing day.

(20) A person who, immediately before the commencing day or the day fixed for
the purposes of sub-section 2 (2), was, or had ceased to be, an Australian
citizen by virtue of a provision of the Principal Act repealed by this Act,
does not cease to be, or again become, as the case may be, an Australian
citizen by reason of the repeal of that provision but nothing in this
sub-section affects the application of section 8 of the Acts Interpretation
Act 1901.