Australian Citizenship Act 2007
12Citizenship by birth
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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.