Canberra, 5 April 1973
Proposed Amendments to Citizenship Act—Including Oath of Allegiance
Existing Law
The present Citizenship Act enables the Minister to grant Australian citizenship (by ‘registration’) to citizens of other Commonwealth countries and South African, Pakistan and Irish citizens, after only 12 months’ residence.
2. Citizens of Commonwealth countries, who have lived here for over five years, can become Australian citizens as of right by lodging a simple ‘notification’ with the Department.
3. Other people may be granted citizenship (by ‘naturalisation’) after three years if they can read and write English proficiently, or after five years if they can speak English and understand it when spoken. These qualifying periods for ‘naturalisation’ are shortened in various circumstances such as prior residence in another Commonwealth country, service abroad with the Australian Government, service in the Forces, minors, or marriage to an Australian.
4. The process of ‘naturalisation’ entails appearance at a citizenship ceremony. The Certificate of Citizenship takes effect only after an Oath of Allegiance is sworn.
5. On the other hand, Australian citizenship by ‘registration’ is conferred upon citizens of Commonwealth countries as soon as Certificates are issued. There is no ceremony and no oath.
_Proposed Amendments1 _
6. The overall objective is that all who seek our Australian citizenship should be able to do so on the same conditions irrespective of national origins. Therefore, it is proposed that:
a) the existing provisions of the Act concerning grant of citizenship by ‘registration’, ‘naturalisation’ and ‘notification’ be abolished; instead there will be a single set of conditions to be met;
b) the period of residence will be three years for all but with continuance of existing special provisions for service in the Forces, minors, marriage to Australians, and former Australians;
c) applicants should be able to speak English and understand it when spoken; and should understand the responsibilities and privileges of citizenship; but with exemptions (as at present) for the elderly and the handicapped;
d) there will be no change in existing requirements of the Act as to mental capacity, good character and intention to continue to reside in Australia;
e) all persons over 16 years of age including citizens of Commonwealth countries who are granted Certificates of Citizenship should take an Oath (or make an affirmation) and the Oath should be taken as present at a formal ceremony;
f) the new Oath of Allegiance will be as follows–
‘1, A.B., swear by Almighty God that I will faithfully uphold the Constitution of Australia and I will faithfully observe the laws of Australia and fulfil my duties as an Australian citizen.’
7. The two principal features of the new form of Oath are:
a) it omits the words ‘renouncing all other allegiance’
Comment : These words had no legal effect and caused deep concern to many people who have wanted to be Australian citizens without having to forsake their attachment to their former homelands.
b) it omits reference to The Queen
Comment : People from non-British countries often cannot understand that the Queen is Queen of Australia as well as of England and have been bewildered by having to swear the present Oath in order to become Australians. By swearing to uphold our Constitution they will of course be undertaking to uphold the Monarch’s present position in our Constitution.
Misunderstandings
8. There has been some misreporting of the above proposals and it has been necessary to emphasise that citizens of the 31 Commonwealth countries who do not become Australian citizens will not be aliens; they will continue to ‘ave the status of a British subject’ (this status is described in some Commonwealth countries as ‘Commonwealth Citizen’); and as such those who have settled in Australia will continue to have the same rights and duties as before (e.g. the vote). There will be no compulsion to become Australian citizens.
South Africa and Pakistan
9. The opportunity is also being taken in the Citizenship Bill to remove South Africa and Pakistan from the list of Commonwealth countries set out in the Citizenship Act.
Transitional Provisions
10. For all residents of Australia who might be adversely affected by the above proposals, there will be a transitional period after the Bill comes into force, during which they can act to avoid any such adverse effect, viz:
i) during the two years after the Bill’s commencement, the existing easier residence requirements (for ‘registration’ and in some circumstances ‘naturalisation’) will continue to exist; but all will attend citizenship ceremonies and take the new Oath;
ii) the simple ‘notification’ procedure mentioned in paragraph 2 above will be available during the period of six months after the Bill’s commencement;
iii) South Africans and Pakistanis resident in Australia (if they do not wish to become Australian citizens or cannot do so immediately for some reason) will be able, during the two years after the Bill’s commencement, to elect to retain the status of British subject, so as to avoid being aliens.
1 See Document 443.
[NAA: A1209, 1973/6439]