NATURALIZATION EFFECT IN AUSTRALIA OF NATURALIZATIONS GRANTED IN UNITED KINGDOM BEFORE AND AFTER COMMENCEMENT OF BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914: MEANING OF 'NATURALIZED SUBJECT OF THE KING' IN AUSTRALIAN ELECTORAL LAW
COMMONWEALTH ELECTORAL ACT 1918, s. 39: NATIONALITY ACT 1920, s. 15: NATURALIZATION ACT 1870 (IMP.), s. 7: BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914 (IMP), Part II
The Secretary, Department of Home and Territories, has submitted the following minute for advice:
I shall be glad if you will favour me with advice regarding the following:
- Is a person of alien birth who was naturalized in the United Kingdom prior to the coming into operation of the British Nationality and Status of Aliens Act 1914 (4 & 5 Geo. 5 chapter 17) of the United Kingdom to be regarded as a naturalized subject of the King within the Commonwealth?
- Is a person to whom a certificate of naturalization was granted by the Secretary of State having charge of the administration of the British Act or by the Government of any British possession, after the coming into operation of the British Act of 1914 but before the commencement of the Commonwealth Nationality Act No. 48 of 1920 to be regarded as a naturalized subject of the King within the Commonwealth?
- Whether a person who was naturalized under the Imperial Act of 1870 can be considered to be a naturalized subject for the purposes of section 39 of the Commonwealth Electoral Act 1918-1919.
Section 7 of the Naturalization Act 1870 of the United Kingdom provides inter alia that an alien to whom a certificate of naturalization is granted under that Act shall in the United Kingdom be entitled to all political and other rights, powers and privileges and be subject to all obligations to which a natural-born British subject is entitled or subject in the United Kingdom.
Naturalization in the United Kingdom under the Act of 1870 does not therefore confer on the grantee British nationality in the Commonwealth.
Section 15 of the Nationality Act 1920 (Commonwealth) provides that a certificate of naturalization granted by the Secretary of State having charge of the administration of the British Act (British Nationality and Status of Aliens Act 1914-1918) shall in the Commonwealth have the same force and effect as a certificate of naturalization granted under the Commonwealth Act.
The operation of this section I think applies to certificates granted under the 'British Act' prior to the adoption of Part II thereof by the Commonwealth.
The expression 'naturalized subject of the King' as used in section 39 of the Commonwealth Electoral Act 1918-1919 means a person naturalized under Commonwealth law. It does not include a person naturalized only under the Imperial Act of 1870.
[Vol.17, p. 444]