10Citizenship by birth

10 Citizenship by birth

(1) Subject to this section, a person born in Australia after the commencement of this Act shall be an Australian citizen. (2) Subject to subsection (3), a person born in Australia after the commencement of the Australian Citizenship Amendment Act 1986 shall be an Australian citizen by virtue of that birth if and only if: (a) a parent of the person was, at the time of the person’s birth, an Australian citizen or a permanent resident; or (b) the person has, throughout the period of 10 years commencing on the day on which the person was born, been ordinarily resident in Australia. (3) Subject to subsection (5), a person shall not be an Australian citizen by virtue of this section if, at the time of the person’s birth, a parent of the person was an enemy alien and the birth occurred in a place then under occupation by the enemy. (5) Subsection (3) does not apply in relation to a person if, at the time of the person’s birth, a parent of the person: (a) was an Australian citizen or a permanent resident; and (b) was not an enemy alien. (6) A reference in this section to a permanent resident does not include a reference to a person who is, for the purposes of the Migration Act 1958, an exempt non‑citizen.