Document ID: chunk:federal_register_of_legislation:C2004A02993:body:0:p15
Version: federal_register_of_legislation:C2004A02993
Segment Type: other
Provision Reference: 
Character Range: 35029–37767

or thing, cease to be an Australian citizen,
the person may make and furnish to the Minister a statement to that effect and a declaration in accordance with the prescribed form that he wishes to resume Australian citizenship.
"(2) The Minister may, in his discretion, if he is satisfied as to the truth of the statement made by a person for the purposes of sub-section (1), and, in a case where the person has claimed that, if he had not done the act or thing that resulted in his ceasing to be an Australian citizen, he would have suffered hardship or detriment of an economic nature, that the person's circumstances were such as to compel him to do that act or thing, register the declaration in the prescribed manner and, upon the registration of the declaration, the person making the declaration again becomes an Australian citizen.".

Persons may resume citizenship lost under section 20
18. Section 23a of the Principal Act is amended—
    (a) by inserting in sub-section (1) "or to a person authorized by the Secretary by instrument in writing for the purposes of this section" after "Secretary"; and
    (b) by omitting from sub-section (2) "The Secretary" and substituting "A person to whom a declaration is furnished under sub-section (1)".

Persons may resume citizenship lost under section 23
19. Section 23b of the Principal Act is amended—
    (a) by inserting in sub-section (1) "or to a person authorized by the Secretary by instrument in writing for the purposes of this section" after "Secretary"; and
    (b) by omitting from sub-section (2) "The Secretary" and substituting "A person to whom a declaration is furnished under sub-section (1)".

Special provisions to prevent persons being stateless
20. Section 23d of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-sections:
"(2) Where the Minister makes a decision under sub-section (1) refusing an application and the applicant is present in Australia, the Minister shall cause to be served on the applicant, either personally or by post, a notice in writing setting out that decision.

"(3) Where—
    (a) but for this sub-section, section 10b would prevent the acquisition of Australian citizenship by a person by reason only of all or any of the following matters:
         (i) that more than 18 years have elapsed since the birth of the person;
         (ii) that the requirement set out in sub-sub-paragraph 10b (1) (b) (ii) (b) is not fulfilled by either of the persons who were the parents of the first-mentioned person at the time of his birth;
         (iii) the operation of sub-section 10b (2); and
    (b) the first-mentioned person is not, and has never been, a citizen of any country,
then—
    (c)