Document ID: chunk:federal_register_of_legislation:C2004A02993:body:0:p17
Version: federal_register_of_legislation:C2004A02993
Segment Type: other
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Character Range: 39885–42690

are repealed and the following section is substituted:

Delegation
"37. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person (including the Secretary) all or any of his powers under this Act or the regulations, other than this power of delegation.
"(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act or the regulations, be deemed to have been exercised by the Minister.
"(3) A delegation under this section does not prevent the exercise of a power by the Minister.".
(2) Notwithstanding the repeal of section 40a of the Principal Act by sub-section (1), a delegation in force under that section immediately before the commencement of this section continues in force as if it had been made under section 37 of the Principal Act as amended by this Act.

Cancellation of certificates, returns of certificates, &c.
27. Section 42 of the Principal Act is amended—
    (a) by adding at the end of paragraph (b) "and";
    (b) by omitting from paragraph (d) all the words after "entering Australia"; and
    (c) by omitting paragraph (e).

Definition of certificate of naturalization for certain purposes
28. Section 45 of the Principal Act is amended by inserting "47a," after "47,".

Issue and proof of certificates of Australian citizenship
29. Section 46 of the Principal Act is amended—
    (a) by omitting from sub-section (1) "by the Minister (including a delegate of the Minister) may be issued" and substituting "under this Act may be issued by the Minister or"; and
    (b) by omitting from sub-section (2) "a person by authority of the Minister shall, unless it is proved not to have been issued by authority

    of the Minister (including a delegate of the Minister)" and substituting "the Minister or a person by authority of the Minister, shall, unless the contrary is proved".

Evidentiary certificates
30. Section 46a of the Principal Act is amended—
    (a) by inserting in sub-section (1) ", subject to sub-section (1a)," after "the Secretary shall";
    (b) by inserting after sub-section (1) the following sub-section:
    ''(1a) An applicant under sub-section (1) is not entitled to be issued with an evidentiary certificate in relation to a certificate of Australian citizenship granted to a person specified in the application unless—
         (a) the applicant is, or is acting on behalf of—
             (i) the person so specified; or
             (ii) a person whose name was included in the certificate of Australian citizenship;
         (b) the evidentiary certificate is required by the applicant for purposes in connection with the operation of a law in force in a foreign country or a law of the Commonwealth, a State or a Territory, including,