Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN CITIZENSHIP REGULATIONS (AMENDMENT) 1991 NO. 221

STATUTORY RULES 1991 No. 221

Issued by the Minister for Immigration, Local Government and Ethnic Affairs

Australian Citizenship Act 1948

Australian Citizenship Regulations (Amendment)

Section 53 of the Australian Citizenship Act 1948 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The purpose of the Regulations is twofold.

The first purpose is to omit regulation 5 of the Australian Citizenship Regulations and substitute a new regulation 5. Regulation 5 prescribes classes of visa. The holders of prescribed visas are deemed to be permanent residents of Australia despite residing outside Australia. Regulation 5 was not amended to reflect changes to the Migration Regulations in 1989 and, as a consequence, the class of visas prescribed in regulation 5 is not comprehensive. This amendment incorporates references to 'return visas' as defined in the current Migration Regulations. The amendment also includes a reference to 'documents or notations ...issued before 1 November 1979' to remove doubts about whether these return facilities are 'return visas' as defined in paragraph 5(1)(b).

The second purpose is to provide procedures for applications for, and registration of, citizenship by descent through the mother pursuant to subsection 11 of the Act, which was inserted by the Australian Citizenship Amendment Act 1990. Regulation 8A provides for the lodgement of applications and specifies the documents and documentary evidence which must accompany applications. Regulation 8B provides for registration to be effected by an entry in a register maintained by the Department. Regulation 8C provides for a declaratory certificate of citizenship to be issued without charge.