AUSTRALIAN CITIZENSHIP AMENDMENT ACT 1984 No. 129 of 1984 - SECT 4 Interpretation

AUSTRALIAN CITIZENSHIP AMENDMENT ACT 1984 No. 129 of 1984 - SECT 4

4. (1) Section 5 of the Principal Act is amended -
(a) by omitting from sub-section (1) the definition of "Australia" and
substituting the following definitions:

"'approved form' means a form approved by the Minister by instrument in
writing;

"'Australia', when used in a geographical sense, includes the external
Territories;";

   (b)  by omitting from paragraph (a) of the definition of " Australian
consulate" in sub-section (1) "at which a register of births is kept";

   (c)  by omitting from paragraph (b) of the definition of " Australian
consulate" in sub-section (1) "in New Guinea or";

   (d)  by omitting from sub-section (1) the definitions of "New Guinea",

"responsible parent", "service under an Australian government", "the
approved form", "the permanent forces of the Commonwealth" and

"the Secretary" and substituting the following definitions:

"'entry permit' means an entry permit within the meaning of the
Migration Act 1958;

"'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;

"'prescribed date' means the day on which the Migration 
Amendment Act 1983 comes into operation;

"'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 him 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 the prescribed date;

"'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 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', in relation to a child, means a person, whether
or not a parent of the child, who, 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 a court or otherwise, has guardianship or custody of the
child whether jointly or otherwise;

"'return endorsement' means a return endorsement within the
meaning of the Migration Act 1958 and includes a document or
notation referred to in sub-section 9 (3) of the Migration 
Amendment Act 1979 ;

"'Secretary' means the Secretary to the Department.".

   (e)  by omitting paragraph (3) (b); and

   (f)  by adding at the end thereof the following sub-sections:

"(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) Sub-section (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 sub-section (6), neither party to
the purported marriage believed on reasonable grounds that the purported
marriage was valid.

"(8) In sub-section (6), 'medical procedure' means artificial insemination or
the implantation of an embryo in the body of a woman.".

(2) Section 5 of the Principal Act is amended -
(a) by omitting from sub-section (1) the definitions of "alien" and "the
United Kingdom and Colonies";

   (b)  by omitting sub-section (2);

   (c)  by adding at the end of paragraph (3) (c) "and";

   (d)  by omitting paragraph (3) (d);

   (e)  by omitting sub-section (3A); and

   (f)  by omitting from sub-section (4) ", and sub-sections 25 (1) and (3)".