This Act has been repealed and is no longer in force. It is retained for historical reference.
Jurisdiction
Commonwealth
Act Number
48 of 1920
Collection
act
Plain English Summary
6/10 complexity
What this law does (mechanics)
Repeals the earlier Naturalization Act 1903–1917 and makes naturalization an exclusively Commonwealth matter (s.3, s.33).
Defines who is a British subject and what an "alien" is (s.5, s.6).
Makes the Governor‑General the decision‑maker who may grant certificates of naturalization to aliens who meet statutory criteria: residence/service, good character, adequate English, and an intention to reside or serve the Crown (s.7(1)–(2)).
Makes the grant of a certificate a discretionary act of the Governor‑General; he may grant or refuse the certificate "in his absolute discretion" and there is no appeal from his decision (s.7(3)).
Requires the applicant to take an oath of allegiance before naturalization takes effect (s.7(4), s.31).
Gives a certificate of naturalization substantially the same legal status as a natural‑born British subject, subject to any constitutional or statutory distinctions that expressly treat natural‑born and naturalized persons differently (s.11).
Sets out specific grounds on which a certificate may be revoked (fraud, disloyalty, wartime dealings with the enemy, certain convictions, extended residence abroad without maintaining substantial connexion, being subject of an enemy state) and grants the Governor‑General power to revoke where the continuance of the certificate is "not conducive to the public good" (s.12(1)–(2)).
Provides for notice and, on request, an inquiry before revocation; the inquiry is to be held by a Governor‑General appointed committee or may be referred to the High Court; the committee has substantial compulsory powers (s.12(4)–(6)).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Allows the Governor‑General, by order, to make the wife and minor children of a revoked person cease to be British subjects, subject to specific safeguards and rights to declare alienage (s.13, s.35).
Prescribes documentary and publicity steps for applications: a statutory declaration of personal details and residence/service (s.25(1)), a prescribed public advertisement of intention to seek naturalization (s.25(2)(a)), and certificates of character from three natural‑born British subjects including specified officials (s.25(2)(b)).
Permits representations to the Minister from any person about an applicant (s.26). It also creates offences for false statements in applications (up to 3 months' imprisonment) (s.30).
Requires the Minister to register all certificates, cancel revoked certificates, keep indexes and allow inspection (fees may be prescribed for inspection), publish lists of naturalized persons, and lay an annual return before Parliament (s.32).
Adopts Part II of the British Nationality and Status of Aliens Act 1914 (as amended) and declares that powers exercisable by the UK Secretary of State under that Part are exercisable by the Governor‑General here (s.17, First Schedule). It treats foreign Imperial certificates as effective in the Commonwealth in specified circumstances (s.15–16).
Regulates the nationality consequences of marriage and parentage: the wife of a British subject is treated as British and the wife of an alien as an alien, with limited choices to retain or resume British nationality; children's nationality generally follows the parent's status but with specific provisions for declarations and resumption on majority (s.18–20).
Provides that a British subject who voluntarily becomes naturalized in a foreign state (when not under disability) ceases to be a British subject (s.21), and allows certain persons to make a declaration of alienage to renounce British subject status (s.22–23).
Allows the Governor‑General to make regulations needed to carry the Act into effect (s.36).
Stated purposes and how the Act achieves them
The Act adopts UK provisions (Part II of the British Act) and explicitly vests the Secretary of State’s former powers in the Governor‑General (s.17). The mechanical effect is to align Commonwealth practice with the Imperial model while centralizing authority in the Commonwealth (s.15–17, First Schedule).
Costs, incentives, trade‑offs and implementation features (mechanisms, not judgments)
Who decides: the Governor‑General has the central, final decision power to grant, refuse or revoke certificates (s.7(3), s.12). The Minister administers records and publication (s.32).
Who pays and what applicants must do: applicants must prepare statutory declarations, pay for and place prescribed public advertisements, obtain three certificates of character (including from named officials), and may pay prescribed fees to inspect supporting certificates; the Act expressly states the recipient of a certificate is not liable to any fee for the certificate itself (s.25(1)–(3), s.32(2)).
Compliance burden: the application process requires sworn documentation, public advertisement, and attestation by specified community figures (s.25). False statements attract criminal sanction (s.30). These requirements impose time, cost and evidentiary burdens on applicants and third‑party referees.
Bureaucratic discretion and legal risk: the Governor‑General’s grant power is in "absolute discretion" with no appeal (s.7(3)). He also has broad revocation powers where continuance is "not conducive to the public good" (s.12(2)). Those provisions concentrate decision authority, create legal uncertainty for applicants, and place emphasis on administrative decision‑making (s.7(3), s.12(2)).
Procedural safeguards for revocation: where relevant the Governor‑General must give notice and provide an opportunity to claim referral to an inquiry; the inquiry body has compulsory powers akin to those of the High Court (s.12(4)–(6)). That creates structured, quasi‑judicial proceedings before revocation in many cases.
Effects on private choice and family members: naturalization changes a person’s legal status to that of a natural‑born British subject for most purposes (s.11). But status can be lost by voluntary foreign naturalization (s.21), by declaration of alienage (s.22), or by revocation (s.12). Revocation can extend to a spouse and minor children by order (s.13, s.35), though the law makes provision for limited individual choice to declare alienage within specified periods (s.13, s.35, s.20).
Administrative transparency: the Minister must keep indexes, allow inspection, publish lists and table an annual return showing numbers and origins of naturalized persons (s.32(1)(a)–(e)). Publication of names and addresses is required (s.32(1)(e)).
Cross‑jurisdictional limits: certificates from the UK or other British Possessions are effective in the Commonwealth in specified circumstances (s.15–16, First Schedule). A Dominion listed in the Second Schedule must adopt Part II of the British Act for certain certificates to apply (s.16; Second Schedule).
Concrete trade‑offs and opportunity costs to note (mechanisms only)
Concentrated benefits: individuals who secure certificates (and any children included) obtain the legal status and rights of British subjects (s.11, s.10).
Diffuse administrative costs: the Commonwealth must maintain registers, publish returns and lists, and conduct inquiries under judicial‑like powers, which allocate public resources to administration and potential litigation (s.12(5)–(6), s.32).
Predictability vs discretion: the statutory criteria set out residence, character and language requirements (s.7(1)–(2)) but the absolute discretionary grant and broad revocation ground ("public good") mean ordinary applicants face administrative uncertainty (s.7(3), s.12(2)).
Key statutory references (samples)
Definitions and scope: s.5, s.6.
Grant of certificates and criteria: s.7(1)–(6); oath: s.31.
Effect of certificate: s.11.
Revocation and procedure: s.12(1)–(8), s.13, s.35.
Application procedure and evidence: s.25–27.
Records, publication and fees: s.32.
Exclusive Commonwealth power: s.3, s.33.
Adoption of British Act Part II: s.17 and First Schedule.
Overall, the Act centralizes and formalizes naturalization, sets documentary and public steps for applicants, vests wide discretionary and revocation powers in Commonwealth authorities, and creates statutory record‑keeping and publication duties (see cited sections).