Citizenship Act 1975, Cap 12
|Publisher||National Legislative Bodies|
|Publication Date||12 September 1975|
|Cite as||Citizenship Act 1975, Cap 12 , 12 September 1975, available at: http://www.refworld.org/docid/3ae6b50914.html [accessed 28 July 2014]|
|Comments||This is an unofficial consolidation. The Act, No. 94 of 1975, was certified on 12 September 1975. Amendments included here were: - Citizenship (Amendment) Act 1976, No. 55 of 1975, certified on 13 September 1976; - Citizenship (Amendment) Act 1996, No. 6 of 1996, certified on 18 September 1996.|
In this Act-
"prescribed" means prescribed by the regulations made under this Act;
"the Minister" means the Minister responsible for citizenship matters;
"the Regulations" means the regulations made under this Act;
"this Act" includes the Regulations.
2.Renunciation of foreign citizenship.
Where the Constitution permits or requires a person to renounce a foreign citizenship, he may do so-
(a)after attaining the age of 18 years; and
(b)by making before-
(i)a judicial officer; or
(ii)some other person appointed by the Minister,
a declaration in Form 1 in the Schedule.
(Amended by the Citizenship (Amendment) Act 1976)
3.Renunciation of foreign citizenship or right to permanent residence in Australia.
A person who wishes to renounce his right to permanent residence in Australia or his status as an Australian citizen or as a citizen of another country in accordance with Section 65(4) and (5) (automatic citizenship on Independence Day) may do so by making before-
(a)a judicial officer; or
(b)some other person appointed by the Minister, a declaration in Form 2 in the Schedule.
4.Application for automatic citizenship.
An application for registration as an automatic citizen under Section 65(2)(a) (automatic citizenship on Independence Day) of the Constitution shall be in form 3 in the Schedule.
5.Registration of births overseas.
(1)The registration, for the purposes of Section 66(2)(c) (citizenship by descent) of the Constitution, of a birth overseas may be made by giving to a person appointed by the Minister the prescribed particulars.
(2)The registration shall be made within one year after the birth or, with the consent of the Minister, at any time afterwards.
(3)The Regulations may provide for the keeping of a register or registers of births overseas for the purposes of Part IV (citizenship) of the Constitution.
(4)A certificate under, or apparently under, the hand of the person appointed under Subsection (1) and purporting to set out details of registration of a birth is prima facie evidence of the facts set out in it.
6.Citizenship by naturalization.
(1)An application for citizenship by naturalization under Section 67 of the Constitution shall be:
(a)in the prescribed form; and
(b)verified as prescribed; and
(c)accompanied by the prescribed fee.
(2)Where an application for citizenship by naturalization is refused, a prescribed portion of the prescribed fee shall be refunded to the applicant.
(amended by the Citizenship (Amendment) Act 1996).
7.Renunciation of Papua New Guinea citizenship.
Citizenship of Papua New Guinea may be renounced by making before a judicial officer or some other person authorized by the Minister a declaration in Form 4 in the Schedule.
8.Regaining of citizenship by certain persons.
Where a child under the age of 19 years loses his citizenship under Section (74)(3) (loss and regaining of citizenship by certain children) of the Constitution, the Minister may-
(a)on application by or on behalf of the child; and
(b)where he is satisfied that it is in the best interests of the welfare of the child to do so, by order, grant citizenship of Papua New Guinea to the child.
9.Certificate as to citizenship.
(1)An application for a certificate under Section 81(1) (certificate as to citizenship) of the Constitution shall be in Form 5 in the Schedule.
(2)A certificate under Section 81(2) (certificate as to citizenship) of the Constitution shall be in Form 6 in the Schedule.
10.Citizenship Advisory Committee.
(1)A Citizenship Advisory Committee is hereby established.
(2)The four permanent members of the Citizenship Advisory Committee shall be appointed by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given after consultation with the Permanent Parliamentary Committee with special functions in relation to citizenship matters.
(3)The ad hoc members of the Citizenship Advisory Committee shall be-
(a)a person nominated by the provincial level governmental authority for the province in which a person to whom a matter before the Committee relates resides; and
(b)appointed by the Minister by instrument in writing.
(4)Unless their respective appointments are earlier terminated-
(a)the appointments of the permanents members who are members of the Parliament terminate-
(i)at the end of the first meeting of the Parliament after the general election after their appointment; or
(ii)where a member ceases to be a member other than by reason of a general election, on the day he ceases to be a member; and
(b)the appointments of the other permanent members terminate at the end of the period of six years after their respective appointments; and
(c)the appointment of each ad hoc member terminates immediately after the matter or class of matters in relation to which he has been appointed is concluded.
(5)The powers and procedures of the Committee are as prescribed.
The Head of State, acting with, and in accordance with, the advice of the National Executive Council, may make regulations, not inconsistent with this Act, for carrying out or giving effect to this Act and generally for carrying out or giving effect to Part IV (citizenship) of the Constitution and in particular for prescribing penalties not exceeding K500.00 or imprisonment for six months for breaches of or contraventions of the Regulations and for prescribing fees as authorized by this Act.
(amended by the Citizenship (Amendment) Act 1996)