Opinion Number. 700

Subject

NATURALIZATION
POWER TO CHARGE FOR SEARCHING NATURALIZATION RECORDS AND MAKING COPIES OF CERTIFICATES: POWER TO PRESCRIBE FEES: POWER TO CHARGE FOR COPYING STATE RECORDS IN CUSTODY OF COMMONWEALTH

Key Legislation

NATURALIZATION ACT 1903, s. 14

Date
Client
The Secretary, Department of External Affairs

The Secretary, Department of External Affairs, has forwarded the following memorandum for advice:

In connection with the Naturalization Act, a Regulation will be submitted for Executive approval this week to make a charge for searches and duplicate copies of certificates of naturalization issued by the Commonwealth. In this connection, I shall be glad if you will advise me whether a similar charge could be made for State records which are in the custody of this Department.

The power of the Commonwealth to make the charges in question must depend on the terms of the Acts under which the certificates were granted, and the charges must be those provided by the respective Acts.

I understand that the only State records in the custody of the Commonwealth are those from Victoria and South Australia.

In my opinion the Department may charge a reasonable fee for services in question, and may prescribe the amount of that fee as a regulation under the Naturalization Act 1903.

[Vol. 14, p. 308]