Document ID: chunk:federal_register_of_legislation:C2004A02993:body:0:p6
Version: federal_register_of_legislation:C2004A02993
Segment Type: other
Provision Reference: 
Character Range: 12799–15446

in force from time to time on or after the prescribed date, had occurred, would have become prohibited non-citizens by virtue of sub-section 8 (3) of that Act as so in force,
shall be taken to be, or to have been during a specified period, persons to whom this sub-section applies.
"(3) Regulations made by virtue of sub-section (1) or a declaration under sub-section (2) may be expressed to relate to a period commencing on a date earlier than the date on which those regulations were made or that declaration was made.

"(4) A copy of an instrument under sub-section (2) shall be published in the Gazette".

Application of this Act to certain citizens of Pakistan and Republic of South Africa
6. Section 8a of the Principal Act is repealed.

Repeal of Part II
7. Part II of the Principal Act is repealed.

Heading to Division 1 of Part III
8. The heading to Division 1 of Part III of the Principal Act is amended by inserting ", Adoption" after "Birth".

Citizenship by birth
9. Section 10 of the Principal Act is amended—
    (a) by omitting from sub-section (1) "by birth";
    (b) by omitting from sub-section (2) "A person shall" and substituting "Subject to sub-section (4), a person shall";
    (c) by omitting from sub-sections (2) and (3) "his father" and substituting "a parent of the person";
    (d) by omitting from paragraph (2) (b) "ordinarily resident in Australia" and substituting "a permanent resident";
    (e) by omitting from sub-section (3) "A person shall" and substituting "Subject to sub-section (5), a person shall"; and
    (f) by adding at the end thereof the following sub-sections:
    "(4) Sub-section (2) does not apply in relation to a person if, at the time of his birth, a parent of the person was an Australian citizen or a permanent resident.
    "(5) Sub-section (3) does not apply in relation to a person if, at the time of his birth, a parent of the person—
         (a) was an Australian citizen or a permanent resident; and
         (b) was not an enemy alien.".
10. Section 11 of the Principal Act is repealed and the following sections are substituted:

Citizenship by adoption
"10a. A person, not being an Australian citizen, who—
    (a) under a law in force in a State or Territory, is adopted by an Australian citizen or jointly by 2 persons at least one of whom is an Australian citizen; and
    (b) at the time of his adoption is present in Australia as a permanent resident,
shall be an Australian citizen.

Citizenship by descent
"10b. (1) A person born outside Australia (in this sub-section referred to as the 'relevant person') is an Australian citizen if—
    (a) the name of the relevant