Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person born in Australia is an Australian citizen if and only if:
(a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or
(b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.
(2) However, a person is not an Australian citizen under this section if, at the time the person is born:
(a) a parent of the person is an enemy alien; and
(b) the place of the birth is under occupation by the enemy;
unless, at that time, the other parent of the person:
(c) is an Australian citizen or a permanent resident; and
(d) is not an enemy alien.