The Secretary, Home and Territories Department, forwards the following memorandum for advice:

Your attention is invited to section 7 of the Naturalization Act 1903-1917 relative to the issue of a certificate by the Governor-General after he has received from an applicant the necessary certificate showing renunciation of allegiance to the country of which he is a subject, and taking the oath of allegiance to the King.

There is nothing to indicate in the Act as to the time when an applicant should take the oath-whether before or after Executive approval. In the former event it might so happen that after an applicant has renounced his nationality information may be received detrimental to the character of the applicant, on which ground the Government might refuse to issue a certificate. In these circumstances applicant will have lost his original nationality and be devoid of any.

In this connection I would refer you to the Naturalization and Denization Act of New South Wales 1898 Part III section 6. It would appear from this section as if Executive approval is secured before the oath of allegiance is taken.

Please advise as to whether the New South Wales practice is to be followed by the Commonwealth or otherwise.

I think that the wording of the proviso suggests that only the 'issue' of the certificate of naturalization is to await the certificate of renunciation of allegiance and the oath, and that the practice should be to obtain Executive approval before the certificate and oath are called for.

[Vol. 15, p. 376]