AUSTRALIAN CITIZENSHIP REGULATIONS (AMENDMENT) 1993 NO. 362

AUSTRALIAN CITIZENSHIP REGULATIONS (AMENDMENT) 1993 NO. 362

STATUTORY RULES 1993 No. 362

Issued by the Authority of the Minister for Immigration and Ethnic Affairs

Subject - Australian Citizenship Act 1948

Australian Citizenship Regulations (Amendment)

Section 53 of the Australian Citizenship Act 1948 (the Act) provides for the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted by the Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

In particular, paragraph 53(c) of the Act will, upon commencement of the Australian Citizenship Amendment Act 1993, provide that the regulations may provide for the making of a pledge of commitment for the purposes of the Act. The Australian Citizenship Amendment Act 1993 will commence on 24 January 1994 (which is the 60th day after the day on which it received Royal Assent).

Subsection 4(1A) of the Acts Interpretation Act 1901 provides that, where an amending Act amends a principal Act in such a way as to confer additional power to make regulations, then, unless the contrary intention appears, the regulation-making powers contained in the principal Act prior to and after the commencement of the amending Act may be exercised by making a single instrument, and that instrument is deemed to be made under subsection 4(1) of the Acts Interpretation Act 1901. Subsection 4(1) of the Acts Interpretation Act 1901 provides that, where an amending Act amends a principal Act in such a way that the principal Act will confer power to make regulations, then the power may be exercised before the amendments come into operation as if they had come into operation.

The purpose of the Regulations is

•       to reflect amendments to be made to the Act by the Australian Citizenship Amendment Act 1993 by replacing the reference in paragraph 11(m) of the Australian Citizenship Regulations to the taking of an oath of allegiance or the making of an affirmation of allegiance with a reference to the making of a pledge of commitment;

•       to implement an undertaking given by the Minister in the course of the Second Reading Debate of the Australian Citizenship Amendment Bill 1993 in the Senate on 29 September 1993 to ensure that the preamble to be introduced into the Act by the Australian Citizenship Amendment Act 1993 is read at ceremonies for the presentation of Certificates of Australian Citizenship by the person making the presentation; and

•       to make some minor technical and stylistic amendments of a non-policy nature, such as correcting references to legislation and bringing certain provisions in line with current drafting style and practice.

Details of the Regulations are set out in the Attachment.

ATTACHMENT

Regulation 1 - Commencement

This regulation provides that regulation 8 and subregulation 9.2 commence on the commencement of the Australian Citizenship Amendment Act 1993. Section 2 of that Act provides for its commencement on the 60th day after the day on which it receives the Royal Assent. The Australian Citizenship Amendment Act 1993 received Royal Assent on 25 November 1993 and will therefore commence on 24 January 1994.

The remainder of the Regulations will commence on gazettal.

Regulation 2 - Amendment

This regulation provides for the Australian Citizenship Regulations to be amended as set out in these Regulations.

Regulation 3 - Regulation 2 (Regulation 2 (Repeal and saving)

Subregulation 3.1 amends the reference in subregulation 2(1) of the Australian Citizenship Regulations to the first Schedule to the Australian Citizenship Regulations to reflect a stylistic amendment made by subregulation 10.1 of these Regulations.

Subregulation 3.2 makes a minor technical amendment to subregulation 2(2) of the Australian Citizenship Regulations.

Regulation 4 - Regulation 3 (Interpretation)

Subregulations 4.1 to 4.6 make minor technical amendments to the definitions of the terms "authorised officer", "New Guinea", "Papua", "register", and "the Act", contained in subregulation 3(1) of the Australian Citizenship Regulations.

Subregulation 4.1 amends the definition of "authorised officer" to reflect the change in the name of the Department from "Immigration, Local Government and Ethnic Affairs" to "Immigration and Ethnic Affairs" as a consequence of changes in administrative arrangements following the March 1993 Federal Election.

Subregulations 4.2 and 4.3 correct the references to the Papua New Guinea Act 1949 contained in the definitions of "New Guinea" and "Papua".

Subregulations 4.4 and 4.5 amend paragraphs (a) and (b) of the definition of "register" respectively to clarify that the references in those paragraphs to "subregulation 7(1)" are references to that subregulation of the Australian Citizenship Regulations as in force before (in the case of paragraph (a)) or after (in the case of paragraph (b)) the commencement of Statutory Rules 1984 No. 351.

Subregulation 4.6 corrects the reference to the Australian Citizenship Act 1948 contained in the definition of "the Act".

Subregulation 4.7 amends the reference in subregulation 3(3) of the Australian Citizenship Regulations to the second Schedule to the Australian Citizenship Regulations to reflect a stylistic amendment made by subregulation 11.1 of these Regulations.

Regulation 5 - Regulation 7 (Register of Citizenship by Descent)

This regulation makes a minor technical amendment by omitting the words "in the Second Schedule" from subregulation 7(2) of the Australian Citizenship Regulations as those words are unnecessary.

Regulation 6 - Regulation 7C (Cancellation of entry in register)

Subregulations 6.1 and 6.2 make technical corrections to the references to "paragraph 12(1)(a)" and "regulation 12" in paragraph 7C(2)(b) of the Australian Citizenship Regulations to make it clear that the references are references to the respective provisions in Statutory Rules 1984 No. 351, rather than references to those provisions in the Australian Citizenship Regulations.

Regulation 7 - Regulation 10 (Certificate of Australian citizenship)

This regulation makes a number of stylistic changes to regulation 10 of the Australian Citizenship Regulations. No change of a policy nature is involved.

Regulation 8 - Regulation 11 (Prescribed matters for the purposes of subsection 36(1) of the Act)

This regulation replaces, with effect from the commencement of the Australian Citizenship Amendment Act 1993, the reference in paragraph 11(m) of the Australian Citizenship Regulations to the taking of an oath of allegiance or the making of an affirmation of allegiance with a reference to the making of a pledge of commitment. This is in line with amendments to be made by the Australian Citizenship Amendment Act 1993.

Regulation 9 - Regulation 12 (Issue of certificate of Australian citizenship)

Subregulation 9.1 makes a number of stylistic changes to subregulation 12(1) of the Australian Citizenship Regulations. No change of a policy nature is involved.

Subregulation 9.2 inserts, with effect from the commencement of the Australian Citizenship Amendment Act 1993, a new subregulation 12(2) into the Australian Citizenship Regulations which requires that the preamble contained in the Act must be read at ceremonies for the presentation of Certificates of Australian Citizenship by the person making the presentation, before presenting the certificates. The preamble is to be introduced into the Act by the Australian Citizenship Amendment Act 1993 and contains a recognition of those matters in consideration of which the Parliament of Australia enacted the Act.

The requirement that the preamble be read at citizenship ceremonies reflects an undertaking given by the Minister in the course of the Second Reading Debate of the Australian Citizenship Amendment Bill 1993 in the Senate on 29 September 1993.

Regulation 10 - First Schedule (Statutory Rules repealed)

This regulation makes a stylistic change to the heading of the first Schedule to the Australian Citizenship Regulations. No change of a policy nature is involved.

Regulation 11 - Second Schedule (Forms)

Subregulation 11.1 makes a stylistic and a minor technical change to the heading of the second Schedule to the Australian Citizenship Regulations.

Subregulation 11.2 amends Form 6 of the Australian Citizenship Regulations (Certificate of Australian Citizenship) in accordance with an undertaking given by the Minister in the course of the Second Reading Debate of the Australian Citizenship Amendment Bill 1993 in the Senate on 29 September 1993, by incorporating the words "and having undertaken to fulfil the responsibilities of a citizen" into the Certificate of Australian Citizenship.

The subregulation also makes a number of stylistic and minor technical changes to the Form, including an amendment to reflect the change in the name of the Department from "Immigration, Local Government and Ethnic Affairs" to "Immigration and Ethnic Affairs" as a consequence of changes in administrative arrangements following the March 1993 Federal Election, and an amendment to clarify that the reference to "the age of 16 years" under the heading "Children Included In Certificate" is a reference to the age of 16 years as at the time of application for the grant of a Certificate of Australian Citizenship.

Subregulation 11.3 makes a stylistic amendment to Form 8 of the Australian Citizenship Regulations.

Subregulation 11.4 amends Form 8 of the Australian Citizenship Regulations to reflect the change in the name of the Department from "Immigration, Local Government and Ethnic Affairs" to "Immigration and Ethnic Affairs" as a consequence of changes in administrative arrangements following the March 1993 Federal Election.

Subregulation 11.5 makes a number of stylistic and minor technical amendments to Form 9 of the Australian Citizenship Regulations (Declaration of Renunciation of Australian Citizenship).

Subregulation 11.6 makes a number of minor technical and stylistic amendments to Form 9A of the Australian Citizenship Regulations (Declaration of Wish to Resume Australian Citizenship under Section 23AA), including an amendment to clarify the circumstances in which Form 9A is the appropriate Form to be used by a former Australian citizen in the course of a declaration of his or her wish to resume Australian Citizenship.

Subregulation 11.7 re-structures, and makes a number of minor technical amendments to, Form 10 (Declaration of Desire to Resume Australian Citizenship under Section 23A or 23B) of the Australian Citizenship Regulations.