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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
What this instrument does, in simple terms
How it works mechanically
Definitions and decision‑makers: The Minister and persons the Minister authorises ("authorised officers") perform the functions under these Regulations. The Regulations list key definitions used throughout (reg 3(1)–(4)).
Evidence and forms: A certificate evidencing Australian citizenship is an approved form and is treated as evidence of citizenship; a signature purporting to be that of an authorised officer is taken to be genuine unless proved otherwise (reg 4A(1)–(3); reg 3(3)). The Schedules set the standard forms (Schedule 2, Forms 6/6A/8/9/10). Strict literal compliance with forms is not required; substantial compliance is sufficient (reg 3(4)).
Registration and records: Registration of citizenship by descent and resumption of citizenship is done by the Minister or authorised officers making a record and including it on the Department’s data storage system (regs 7, 7F, 15). Corrections to those records may be made by authorised officers if they are satisfied there is an error or omission (reg 7B). Where the Minister cancels a registration, the person affected must be notified in writing and told the grounds (reg 22(1)).
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Direct links to the current provisions in Australian Citizenship Regulations 1960.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Applications and required documents: Where an application requires particulars or supporting documents, the applicant must lodge the appropriate documents as required by the Minister (reg 4). The Regulations list original documents that must accompany certain registration applications (for example reg 7E lists birth certificates, parent’s proof of citizenship, passports, electoral evidence, name‑change documents, death certificates etc.).
Fees: The Regulations prescribe multiple fees for different applications: for registration by descent (reg 7A), for certificates evidencing citizenship (reg 8), for applications for grant of citizenship (reg 9), for renunciation and resumption declarations (regs 13–14), and for issuance of evidentiary certificates (regs 18–19). Some fees are reduced or waived in specified circumstances (for example fee concessions and exemptions in reg 9(1A)–(1C) and 9(1AA)). Families submitting multiple sibling registration applications pay a discounted fee for additional siblings (reg 7A(2)). Refunds are available where applications are unnecessary or were lodged because of incorrect departmental advice (reg 23).
Pledge of commitment: The Regulations declare what counts as an "acceptable reason" for failing to make the required pledge of commitment within the prescribed period. Examples include a Ministerial deferral, travel overseas for specified medical or care reasons, or administrative error by a government authority. Applicants claiming these reasons must provide a signed statement and supporting evidence (reg 11(2)–(4)).
Cancellation and review: The Minister may cancel a registration in writing but only where satisfied on reasonable grounds that the registration was based on false information (reg 7C). A person affected by cancellation is informed and can apply to the Administrative Appeals Tribunal for review (reg 22(1)–(3)).
Who pays and who decides
Who pays: Individuals who apply for registration, certificates, renunciation, or resumption generally pay the fees specified in regs 7A, 8, 9, 13, 14, 18 and 19. Fee levels and concession rules are set in those provisions (see especially reg 9 for multiple concession and exemption rules).
Who decides: The Minister and Minister‑authorised officers make or record citizenship decisions, issue certificates, correct records, cancel registrations and determine refunds (regs 3(1), 4A(3), 7B–7C, 8(1), 15, 23). Reviews internal to the Department (for example reviews about replacement certificates) are performed by an identified review officer (reg 8(9)–(11)); tribunal review rights for cancellations are preserved (reg 22).
Incentives, costs, burdens and discretion (how the rules change behaviour)
Incentives and who benefits: The Regulations create straightforward incentives for applicants to provide complete original documentary evidence (reg 4, reg 7E) and to comply with pledge and presentation requirements (reg 11, reg 12). Fee concessions concentrate financial benefit on lower‑income pensioners, some veterans and partners of concession recipients (reg 9(1A), 9(1AA), 9(1C)). The sibling fee rule (reg 7A(2)) reduces per‑applicant cost for families applying together.
Costs and compliance burden: The principal costs are the monetary application fees and the time and effort to assemble original documents and evidence (reg 4, reg 7E). Applicants must obtain, present and sometimes certify original birth, death, name‑change, passport or electoral evidence. Administrative requirements for signed statements and supporting evidence apply when seeking an exception to pledge time limits (reg 11(3)).
Bureaucratic discretion and implementation risk: The Minister’s power to authorise officers, to approve forms, to cancel registrations (subject to grounds), and to determine refunds centralises several discretionary decisions (regs 3(1), 4A note, 7C, 23). Reliance on a Departmental data storage system for registration records (regs 7, 15) creates practical implementation dependencies (data integrity, records management) that affect how corrections, cancellations and re‑issuance of certificates operate in practice.
Effect on private enterprise and markets
Trade‑offs and likely substitution effects
Trade‑offs: The Regulations balance administrative control (Ministerial authorisations, documentary proof, registration on departmental data systems) with flexibility (concessions for substantial compliance with forms at reg 3(4), fee concessions and refunds at reg 9 and reg 23, and mechanisms to correct records at reg 7B).
Substitution effects: Fee concessions and sibling discounts alter the marginal cost of applying and could shift timing or joint‑filing behaviour (reg 7A(2), reg 9(1A)–(1AA)). The refund rules (reg 23) reduce the disincentive to file where applicants were given incorrect departmental advice.
Concentrated benefits, diffuse costs, capture risk
Concentrated benefits: Fee concessions and the sibling discount are concentrated benefits to identifiable applicant groups (pensioners, veterans, partners, siblings) (reg 7A(2), reg 9(1A)–(1AA), reg 9(1C)).
Diffuse costs: Administrative costs and record‑keeping are borne by the Department, while application fees and time costs fall on applicants (regs 4, 7E, 9). The Regulations do not impose costs on most private sector actors.
Key implementation points to watch (concrete operational risks)
Document handling: Originals must accompany certain applications (reg 7E). Loss or destruction of previously issued certificates triggers specified internal review and re‑issue procedures (reg 8(8)–(11)).
Data and records: Registration is effective only when recorded on the Department’s data storage system (regs 7, 15). Corrections, cancellations and resumption procedures therefore depend on accurate record‑keeping.
Discretion and review: The Minister’s cancellation power (reg 7C) and the departmental internal review process for certificate replacement (reg 8(9)–(11)) mean that applicants can be affected by administrative judgement; statutory tribunal review is available for cancellations (reg 22).
Overall classification of the instrument’s practical effect