Document ID: chunk:federal_register_of_legislation:C2024C00431:section:12
Version: federal_register_of_legislation:C2024C00431
Segment Type: section
Provision Reference: s 12
Character Range: 27234–27953

12  Citizenship by birth
 (1) A person born in Australia is an Australian citizen if and only if:
 (a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or
 (b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.

Enemy occupation
 (2) However, a person is not an Australian citizen under this section if, at the time the person is born:
 (a) a parent of the person is an enemy alien; and
 (b) the place of the birth is under occupation by the enemy;
unless, at that time, the other parent of the person:
 (c) is an Australian citizen or a permanent resident; and
 (d) is not an enemy alien.