Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN CITIZENSHIP REGULATIONS (AMENDMENT) 1993 NO. 55

STATUTORY RULES 1993 No. 55

Issued by the Authority of the Minister for Immigration and Ethnic Affairs

Australian Citizenship Act 1948

Australian Citizenship Regulations (Amendment)

Section 53 of the Australian Citizenship Act 1948 (the Act) provides the Governor-General with a power to make regulations for the purposes of the Act. In addition, sub-subparagraph 5A(1)(d)(i)(A) of the Act provides that regulations may be made prescribing classes of visa for the purposes of subparagraph 5A(1)(d)(i). The purpose of the Regulations is:

•       in regulation 1, to provide that the Regulations are taken to commence on 1 February 1993. The Migration (1993) Regulations commenced on that date, and changes in terminology in those Regulations have necessitated a consequential amendment to the Australian Citizenship Regulations. Retrospectivity in this case is beneficial as it will act to preserve continuity of residence for the purposes of acquiring Australian citizenship. This is in accordance with subsection 48(2) of the Acts Interpretation Act 1901.

•       in regulation 2, to prescribe Group 1.4 (resident return (permanent entry)) for the purposes of subparagraph 5A(1)(d)(i) of the Act, so that period during which the applicant is outside Australia, but holds or is included in such a visa, is counted as a period of permanent residence. This amendment reflects the new terminology used in the Migration (1993) Regulations to refer to such visas.