Commonwealth act

Nationality Act 1946

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

9 of 1946

Collection

act

Plain English Summary

2/10 complexity

This Act ends a gender-based rule that stripped British subject status from women who married foreign (alien) men. Women who were British subjects and living in Australia keep that status despite marrying a non‑British man, whether the marriage was before or after the law.

The protection applies only while the woman is in Australia or its territories, and she may still acquire her husband's nationality if she makes a formal declaration. The change preserves women’s rights to reside and work in Australia.

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Current sections

Direct links to the current provisions in Nationality Act 1946.

Nationality Act 1946

NATIONALITY.

No. 9 of 1946.

An Act to provide for the Retention or Acquisition of British Nationality by Women married to Aliens.

[Assented to 18th April, 1946.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Nationality Act 1946.

(2.) The Nationality Act 1920–1936, as amended by this Act, may be cited as the Nationality Act 1920–1946.

Commencement.

This Act shall commence on a date to be fixed by Proclamation.
After section eighteen a of the Nationality Act 1920–1936 the following section is inserted:—

British nationality in Australia of women married to aliens.

“18b.—(1.) Notwithstanding anything contained in this Act, every woman who at the time of her marriage to an alien, whether before or after the commencement of this section, was resident in Australia and was a British subject shall, by force of this section, while in Australia or any Territory—

(a) if the marriage was celebrated before the commencement of this section—be a British subject; or

(b) if the marriage is celebrated after the commencement of this section—continue to be a British subject,

unless she makes a declaration that she desires to retain or acquire the nationality of her husband.

“(2.) Nothing in this section shall operate to deprive any woman of British nationality retained by her by force of any other provision of this Act.”.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Nationality Act 1946