Document ID: chunk:federal_register_of_legislation:C2004A02993:body:0:p7
Version: federal_register_of_legislation:C2004A02993
Segment Type: other
Provision Reference: 
Character Range: 15192–17895

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 person is registered for the purposes of this section at an Australian consulate within 18 years after his birth; and
    (b) a person, being a parent of the relevant person at the time of the birth of the relevant person—
         (i) was at that time an Australian citizen who had acquired Australian citizenship otherwise than in the manner referred to in sub-sub-paragraph (ii) (a); or
         (ii) was—
             (a) at that time an Australian citizen who had acquired Australian citizenship under this section, or under section 11 of this Act as in force at any time before the commencement of this section; and
             (b) at any time before the registration of the name of the relevant person (including a time before the birth of the relevant person), present in Australia, otherwise than as a prohibited immigrant, as a prohibited non-citizen, or in contravention of a law of a prescribed Territory, for a period of, or for periods amounting in the aggregate to, not less than 2 years.
"(2) Where, at the time of the birth of a child (in this sub-section referred to as the 'relevant child'), one of the parents of the relevant child was not an Australian citizen, the name of the relevant child shall not be registered for the purposes of this section at an Australian consulate unless the person applying to register the name declares in writing to the person to whom the application is made, or otherwise satisfies that person, that—
    (a) at least one person who is, at the time of the application, a responsible parent of the relevant child, was, at the time of the birth of the relevant child—
         (i) a parent of the relevant child; and
         (ii) an Australian citizen; or
    (b) a person who was, at the time of the birth of the relevant child—
         (i) a parent of the relevant child; and
         (ii) an Australian citizen,
    is dead.
"(3) The validity of the registration at an Australian consulate of the name of a person is not affected by a failure to comply with sub-section (2) in relation to that registration.".

11. Sections 13 and 14 of the Principal Act are repealed and the following sections are substituted:

Grant of certificate of Australian citizenship
"13. (1) Subject to this section, the Minister may, in his discretion, upon application in accordance with the approved form, grant a certificate of Australian citizenship to a person who satisfies the Minister that—
    (a) he is