Australian nationality law

Australian Citizenship Act 2007
Parliament of Australia
Date of Royal Assent	15 March 2007
Date commenced	1 July 2007
Status: Current legislation

Australian nationality law determines who is and who is not an Australian citizen. The status of Australian nationality or Australian citizenship was created by the Nationality and Citizenship Act 1948 (in 1973 renamed the Australian Citizenship Act 1948) which came into force on 26 January 1949. The 1948 Act was amended many times, notably in 1973, 1984, 1986 and 2002. The Australian Citizenship Act 2007 replaced the 1948 Act, commencing on 1 July 2007.

On 13 December 1973, Australia acceded to the 1961 Convention on the Reduction of Statelessness and to the Convention relating to the Status of Refugees.

Australian citizenship law is administered by the Department of Immigration and Border Protection which can issue certificates of citizenship on naturalisation or on request provide other proof or evidence of Australian citizenship. Australian passports are issued to Australian citizens by the Department of Foreign Affairs and Trade.

In Australia, the terms "nationality" and "citizenship" can be used interchangeably, but the term "citizenship" (or citizen) is more commonly used, while "nationality" is more commonly used on official documents and forms. A person may acquire citizenship automatically, "by operation of law", or by application after a period of residence in Australia. The process of acquiring citizenship by application is referred to as "naturalisation".

Until the passing in Australia of the Nationality Act 1920, Australia's nationality law, like that of other Commonwealth countries, was governed by the English common law concept of a British subject. (See also British nationality law.) 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". The British Nationality and Status of Aliens Act 1914 codified the common law rules. Australia followed with the passing of the Nationality Act 1920, which codified the concept of a British subject in Australia, effective from 1 January 1921. 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.

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