Australian Citizenship Amendment Act 1984
An Act to amend the Australian Citizenship Act 1948, and for related purposes
1 Section 1
australian-citizenship-amendment-act-1984.pdf, p.3
1(1) Section 1
1(2) Section 1
2 Section 2
2(1) Section 2
2(2) Section 2
Conditional commencement of certain sections
3 Section 3
Amend title of Principal Act by omitting words after 'Citizenship'
4 Section 4
Amends definitions in Section 5 of the Principal Act
australian-citizenship-amendment-act-1984.pdf, p.4
Imposes a duty on the State to amend definitions
Applies descriptive logic to substitute new definitions
26 November 1964;
australian-citizenship-amendment-act-1984.pdf, p.5
5 Section 5
A person who is not an Australian citizen shall be taken to be, or to have been, a permanent resident for the purposes of this Act.
australian-citizenship-amendment-act-1984.pdf, p.6
The state takes on an obligation to consider a non-citizen as a permanent resident.
The person is not an Australian citizen.
The person shall be taken to be, or to have been, a permanent resident.
The description of the person as a non-citizen implies that they are considered a permanent resident.
The person's presence in Australia during the specified period implies that they are considered a permanent resident.
The person was present in Australia during the specified period.
The state is required to consider a non-citizen as a permanent resident if certain conditions are met.
The person meets the specified conditions.
The description of the person as a non-citizen implies that they are considered a permanent resident if certain conditions are met.
6 Section 6
australian-citizenship-amendment-act-1984.pdf, p.8
7 Section 7
Repeal of Part II and heading to Division 1 of Part III
8 Section 8
9 Section 9
Section 10 of the Principal Act is amended in various ways.
10 Section 10
A person adopted by an Australian citizen or jointly by two persons at least one of whom is an Australian citizen shall be an Australian citizen.
Implies that the person is an Australian citizen if adopted by an Australian citizen or jointly by two persons at least one of whom is an Australian citizen
11 Section 11
Refusal of application under section 13 may be served on applicant Grant of certificate of Australian citizenship
australian-citizenship-amendment-act-1984.pdf, p.10
Relevant security includes recognizance or sureties
Definition of relevant security in section 11(17)
Security given by person with or without sureties
Minister may defer consideration of application
Application may be deferred for up to 12 months
Deferral period does not exceed 12 months
Granting a certificate of Australian citizenship is an obligation on the Minister.
The Minister may, in his discretion, grant a certificate of Australian citizenship to a person who satisfies the conditions.
The Minister has an obligation to grant a certificate of Australian citizenship to a person who satisfies the conditions.
The period during which a person has been present in Australia as a permanent resident is relevant to the application.
Paragraphs (1) (d) and (e) do not apply in relation to— (a) a person who has completed not less than 3 months' relevant defence service;
A certificate of Australian citizenship may be granted until the end of the 5-year period.
Paragraph (1) (e) does not apply in relation to a person who was formerly an Australian citizen or who was born in Australia.
The Minister has permission to grant a certificate of Australian citizenship to a person who satisfies the conditions.
12 Section 12
Amendment of Section 15 of the Principal Act
australian-citizenship-amendment-act-1984.pdf, p.14
13 Section 13
Loss of Australian citizenship upon acquiring foreign nationality
14 Section 14
15 Section 15
A person who is an Australian citizen by virtue of a certificate of Australian citizenship cannot have been convicted of certain offences.
australian-citizenship-amendment-act-1984.pdf, p.15
Prohibits a person from having been convicted of certain offences.
Classifies the offence as one that is not allowed for an Australian citizen by virtue of a certificate of Australian citizenship.
16 Section 16
Amendments to Section 23 of the Principal Act regarding responsible parents and children's citizenship.
australian-citizenship-amendment-act-1984.pdf, p.16
Imposes a duty on the State to ensure responsible parents maintain their children's citizenship.
The Minister shall cause to be served on the person, either personally or by post, a copy of that order.
The State must provide notice to the person before directing them to cease being an Australian citizen.
Defines the temporal interval during which the Minister's order takes effect.
(d) if the cessation referred to in paragraph (c) is by reason of the death of the responsible parent—at any time after that death.
The order takes effect at least 30 days after the responsible parent's death.
Grants permission to the Minister to direct children to cease being Australian citizens.
(3) Where, but for this sub-section— (a) a child would cease to be an Australian citizen under sub-section (1) as a consequence of a responsible parent of the child ceasing to be an Australian citizen;
The Minister may direct children to cease being Australian citizens.
17 Section 17
A person may make a statement and declaration to resume citizenship lost under section 17.
Resumption of citizenship is an obligation.
The person must believe they would have suffered significant hardship or detriment if not for the act.
Person believes they would have suffered significant hardship or detriment.
The person's circumstances must be such that compel them to do the act.
Person's circumstances are such that compel them to do the act.
If the person's circumstances are such that compel them to do the act, they may resume citizenship.
18 Section 18
Amendment of Section 23A of the Principal Act
australian-citizenship-amendment-act-1984.pdf, p.17
19 Section 19
20 Section 20
Minister must serve notice on applicant if decision is refused and applicant is present in Australia.
Minister has an obligation to serve notice on applicant.
21 Section 21
Amendment of section 25 of the Principal Act
australian-citizenship-amendment-act-1984.pdf, p.18
22 Section 22
Repeal of Part IV and provision for certificate of registration or naturalization in case of doubt
Identifies the temporal interval for repeal
23 Section 23
24 Section 24
Repeals sections 34 and 35 of the Principal Act, substituting a new section regarding posthumous children.
Obligation to repeal sections 34 and 35.
25 Section 25
Amendment of Section 36 of the Principal Act
australian-citizenship-amendment-act-1984.pdf, p.19
26 Section 26
26(1) Section 26
The Minister may delegate powers to a person.
26(2) Section 26
Delegation of authority continues in force despite repeal of section 40A.
Requires relation between identifiable temporal intervals.
27 Section 27
28 Section 28
Amendment of Section 45 of the Principal Act
29 Section 29
The Minister or a person by authority of the Minister shall, unless the contrary is proved.
Imposes a duty on the Minister or a person by authority of the Minister.
30 Section 30
Amendment of Section 46A of the Principal Act
australian-citizenship-amendment-act-1984.pdf, p.20
Imposes a duty on the State to amend Section 46A
31 Section 31
Substitutes new sections for repealed ones, with conditions on certificate surrender.
Substitutes new sections for repealed ones.
32 Section 32
Amendment of Section 50 of the Principal Act
australian-citizenship-amendment-act-1984.pdf, p.21
Prohibits making false or misleading representations
33 Section 33
Repeal of Section 51 of the Principal Act and exclusivity of State laws
Section 51 of the Principal Act is repealed.
34 Section 34
Amendment of Section 52 of the Principal Act
35 Section 35
Applications for review of certain decisions can be made to the Administrative Appeals Tribunal.
Application for review is an obligation.
Applications can be made within a certain timeframe.
36 Section 36
Amendment of Section 53 of the Principal Act
australian-citizenship-amendment-act-1984.pdf, p.22
37 Section 37
Repeal of Schedule 3 to the Principal Act
38 Section 38
39 Section 39
australian-citizenship-amendment-act-1984.pdf, p.23
39(1) Section 39
39(2) Section 39
Amendments apply to persons born after the commencing day.
Obligation to persons born after the commencing day
39(3) Section 39
Section 10A of the amended Act applies to a person adopted after the commencing day.
Requires relation between identifiable temporal intervals
Relation between commencing day and adoption date is required
39(4) Section 39
Section 10B of the amended Act applies to a person born before or after the commencing day.
Section applies to a person born before or after the commencing day.
a person born either before or after the commencing day.
a temporal interval including the commencing day.
a diffusion including the commencing day.
a cognitive process including the commencing day.
39(5) Section 39
Duty to provide name of person born outside Australia on or after certain date
26 January 1949 is registered at an Australian consulate for the purposes of
26(6) January 1949 is registered at an Australian consulate for the purposes of
Conditional application of amended Act sections to certain persons
26(7) January 1949 is registered at an Australian consulate for the purposes of
Conditional commencement of sub-section 13 (3) of the amended Act
26(8) January 1949 is registered at an Australian consulate for the purposes of
Paragraph 13 (11) (a) of the amended Act applies to an offence with which a person has been charged either before or after the commencing day.
Continues obligation from before or after the commencing day.
Extends obligation to before or after the commencing day.
26(9) January 1949 is registered at an Australian consulate for the purposes of
Applicable sub-section of the amended Act to persons confined in prison or psychiatric institution.
Applicable sub-section of the amended Act.
(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.
26(10) January 1949 is registered at an Australian consulate for the purposes of
Conditional commencement of sub-section 15 (3) of the amended Act for a person granted a certificate of Australian citizenship before January 1949.
26(11) January 1949 is registered at an Australian consulate for the purposes of
Conditional commencement of sub-section 15 (4) of the amended Act
Requires a relation between identifiable temporal intervals
Provision mentions 'on and after the commencing day'
26(12) January 1949 is registered at an Australian consulate for the purposes of
Exempts certain acts from the amended Act before commencing day
26(13) January 1949 is registered at an Australian consulate for the purposes of
Conditional application of a provision to persons born before or after the commencing day.
26(14) January 1949 is registered at an Australian consulate for the purposes of
Conditional commencement of sub-paragraph 21(1)(a)(i) of the amended Act.
26(15) January 1949 is registered at an Australian consulate for the purposes of
Conditional application of a provision to applications furnished after the commencing day.
Describes a temporal interval during which a provision applies.
(15) Sub-paragraph 21 (1) (a) (ii) of the amended Act applies to applications furnished after the commencing day.
The provision applies during the period after the commencing day.
Imposes a duty on parties to comply with a provision.
Parties must comply with the provision for applications furnished after the commencing day.
Describes a temporal relationship between two events.
The provision is ordered before the period after the commencing day.
Classifies a provision as applying to certain applications.
The provision applies to applications furnished after the commencing day.
26(16) January 1949 is registered at an Australian consulate for the purposes of
Exemption from certain Act provisions for non-citizens who ceased to be Australian citizens before the commencing day.
Exempts individuals from certain provisions of the Act.
(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.
Defines a temporal interval for exemption purposes.
Establishes a recurring trace for exemption purposes.
Diffuses information about exemption provisions.
Represents knowledge about exemption provisions in a structured format.
26(17) January 1949 is registered at an Australian consulate for the purposes of
No application of sub-section 36 (1) before commencing day.
Exclude sub-section 36 (1) for statements before commencing day.
Exclusion applies to temporal interval before commencing day.
26(18) January 1949 is registered at an Australian consulate for the purposes of
Section 47A of the amended Act applies to a certificate of Australian citizenship granted before or after the commencing day.
Section applies to certificates of Australian citizenship
Certificate of Australian citizenship granted before or after commencing day
Temporal relation: Section 47A applies to certificates granted before commencing day
Certificate of Australian citizenship granted before commencing day
26(19) January 1949 is registered at an Australian consulate for the purposes of
26(20) January 1949 is registered at an Australian consulate for the purposes of
A person who was an Australian citizen before the repeal of a provision does not cease to be an Australian citizen.
The person's citizenship status is continuous despite the repeal of a provision.
The person was an Australian citizen before the repeal.
The person does not cease to be an Australian citizen.
The repeal of a provision does not affect the person's citizenship status.
A person knows they are an Australian citizen before the repeal of a provision.
The person was informed of their citizenship status.
The person's citizenship status continues until the repeal of a provision.
The repeal of a provision occurs at a specific time.
The person does not cease to be an Australian citizen until the repeal of a provision.
A person who was an Australian citizen before the repeal of a provision can infer they do not cease to be an Australian citizen.
The person's citizenship status is defined by the Principal Act.
australian-citizenship-amendment-act-1984.pdf, p.26