Document ID: chunk:federal_register_of_legislation:C2004A00942:clause:2_39
Version: federal_register_of_legislation:C2004A00942
Segment Type: clause
Provision Reference: sch 2 cl 39
Character Range: 19840–21419

39  Transitional—inclusion of name of child in a certificate of Australian citizenship

(1) For the purposes of this item, an application for the inclusion of the name of a child in a certificate of Australian citizenship is a pending application if:
 (a) the application was made under subsection 13(10) of the Australian Citizenship Act 1948 before the commencement of this item; and
 (b) the application was not withdrawn before that commencement; and
 (c) no decision on the application was made before that commencement.

(2) If:
 (a) the certificate had not been granted before the commencement of this item; and
 (b) the applicant for the certificate is a responsible parent of the child;
the Australian Citizenship Act 1948 has effect, in relation to the pending application, as if:
 (c) the pending application were an application under subsection 13(9B) of that Act for the grant of a certificate of Australian citizenship to the child; and
 (d) the pending application had been set out in the same document as the application for the certificate; and
 (e) the responsible parent were the responsible parent mentioned in subsection 13(9B) of that Act.

(3) If:
 (a) the certificate had already been granted before the commencement of this item; and
 (b) the grantee of the certificate is a responsible parent of the child;
the Australian Citizenship Act 1948 has effect, in relation to the pending application, as if the pending application were an application under subsection 13(9E) of that Act for the grant of a certificate of Australian citizenship to the child.