Australian Nationality Law - History of Australian Citizenship

History of Australian Citizenship

The idea that there was such a thing as an Australian nationality as distinct from a British one was considered by the High Court of Australia in 1906 to be a "novel idea" to which it was "not disposed to give any countenance". It was more than 80 years before the Court would rule that anyone who was not an Australian citizen, whether or not a subject of the Monarch of the United Kingdom. At some point in the interim, the concept of Australian nationality came into existence.

Prior to 1949 Australians were British subjects only, and Australia shared a common nationality code with the United Kingdom and the other Commonwealth countries at the time (see also British nationality law). This nationality code had been established in Australian law by the Nationality Act 1920. In general, the principles of the 1920 Act and subsequent amendments followed United Kingdom legislation, although there were some differences that could lead to a person being a British subject solely under Australian law. Under the 1948 Act, citizens of Australia continued to be British subjects, as noted above; moreover, other (non-Australian) British subjects in Australia had a different status in law from that of those who were not British subjects, although these differences have now largely disappeared.

Aborigines did become Australian citizens under the 1948 legislation in the same way as other Australians (though Aborigines were not counted in the Australian population until after a 1967 referendum). The same applied to Torres Strait Islanders and the indigenous population of the Territory of Papua (then a part of Australia).

The principal milestones in the development of Australian nationality law have been:

• 1920 : Nationality Act 1920 codifies the concept of a British subject, as defined under Australian law, effective 1 January 1921.
• 1948 : Nationality and Citizenship Act 1948 creates the concept of Australian citizenship, in force from 26 January 1949.
• 1958 : On 8 October 1958, provisions causing some naturalised Australians resident outside Australia and New Guinea for 7 years to lose Australian citizenship (section 20 of the 1948 Act), are repealed.
• 1973 : Significant changes to the law implemented by the Labor government, mostly effective on 1 December 1973
  • Distinction between migrants from Commonwealth and other countries (in terms of ability to become Australian citizens) abolished. The previous residence requirements of 1 year (Commonwealth) and 5 years (foreign) to become Australian citizens replaced by a common residence period of 3 years. A six month transition period was applied.
  • Age of majority for citizenship purposes reduced from 21 to 18.
  • The 1948 Act was renamed the Australian Citizenship Act 1948
• 1975 : The Papua New Guinea (Australian Citizenship) Regulations 1975 provided that any Australian citizen becoming a citizen of Papua New Guinea at Independence on 16 September 1975 should lose Australian citizenship.
• 1984 : The Australian Citizenship (Amendment) Act 1984 made significant changes, including that Australian law would no longer regard Australians as "British subjects." This became effective on 22 November 1984. At the same time, the residence period for naturalisation was reduced from 3 years to 2 years.
• 1986 : The Australian Citizenship (Amendment) Act 1986 provided that children born in Australia on or after 20 August 1986 would only be Australian citizens if at least one parent is an Australian citizen or permanent resident.
• 1994 : From 31 January 1994, new citizens becoming Australian need to take a Pledge of Commitment to Australia, instead of an Oath to the Queen of Australia.
• 2002 : From 4 April 2002, Australians becoming citizens of other countries by a voluntary act no longer lose Australian citizenship
• 2007 : On 1 July 2007, the Australian Citizenship Act 2007 replaces the 1948 Act. Many Australians who have lost citizenship under the 1948 Act, plus their children, are given access to Australian citizenship. The residence period for naturalisation is increased from 2 years to 4 years, with a three year transition period for existing permanent residents.