CTHRepealedLegislation
Australian Citizenship Regulations 1960
8Certificate evidencing Australian citizenship to be issued on application
Start here
Get a plain-English read of 8
Turn the raw legal text into a practical explanation grounded in Australian Citizenship Regulations 1960.
8 Certificate evidencing Australian citizenship to be issued on application
(1) Subject to subregulations (7) and (8), an authorised officer on the application of:
(a) a person who is an Australian citizen; or
(b) a responsible parent on behalf of a person to whom paragraph (5) (a) or (b) applies;
must issue to the person a certificate evidencing Australian citizenship.
(2) The fee payable on lodging an application under this regulation is $55.
> Note An application under the Act must be made in accordance with a form approved by the Minister: see section 31 of the Act.
(5) Where:
(a) the name of an Australian citizen who has not attained the age of 16 years has been included in a certificate of Australian citizenship in accordance with:
(i) subsection 12 (3) or 15 (6) of the Nationality and Citizenship Act 1948 as in force on 30 November 1973;
(ii) subsection 14 (9) of the Act as in force before the commencement of the Australian Citizenship Amendment Act 1984; or
(iii) subsection 13 (10) of the Act as in force after the commencement of the Australian Citizenship Amendment Act 1984 and before the commencement of Schedule 2 to the Australian Citizenship Legislation Amendment Act 2002; or
(iv) subsection 13 (10) of the Act, as saved by item 38 of that Schedule; or
(b) the responsible parent of a person who has not attained the age of 16 years has applied for a certificate of Australian citizenship;
the responsible parent of the person may apply on behalf of the person for a certificate evidencing Australian citizenship.
(7) Where application has been made under subregulation (5) for a certificate evidencing Australian citizenship in respect of a person, the certificate shall not be issued until a certificate of Australian citizenship on which the person’s name is included has been issued.
(8) Where an application for a certificate evidencing Australian citizenship is made by a person to whom a certificate evidencing Australian citizenship has previously been issued, the authorised officer shall not issue to the applicant a certificate evidencing Australian citizenship unless:
(a) the applicant has returned to the authorised officer the certificate evidencing Australian citizenship previously issued to the applicant; or
(b) the authorised officer is satisfied that the certificate evidencing Australian citizenship previously issued to the applicant has been lost or destroyed.
(9) Where an authorised officer decides that he or she is not satisfied that the certificate evidencing Australian citizenship previously issued to the applicant has been lost or destroyed, an authorised officer shall notify the applicant of the reasons for that decision and that an application in writing for review of the decision may be made to the Secretary not later than 60 days after the day of the notification.
(10) The officer conducting a review:
(a) shall cause the applicant for the review to be notified of the officer’s decision; and
(b) if that decision is unfavourable — shall cause to be sent to the applicant, together with the notification, a statement of the reasons for the decision.
(11) Where the officer conducting a review is satisfied that the certificate evidencing Australian citizenship previously issued to the applicant has been lost or destroyed, the officer shall cause an authorised officer to issue to the applicant a certificate evidencing Australian citizenship.
(12) In this regulation, review means review by a Senior Executive Service officer, within the meaning of the Public Service Act 1922, holding, or performing the duties of, an office in the Department.