The Assistant Commissioner of Pensions has forwarded me the following memorandum with a request for advice:

The above-named claimant for an old-age pension was born in Germany on 3 January 1854 and came to Australia with his parents in May 1858. He states that his father became naturalized about 1863 whilst residing with his family in New South Wales. When the provision in the Naturalization Act of New South Wales relating to the naturalization of children of naturalized persons came into force (1 January 1876) claimant was over 16 years of age, and consequently his father's naturalization did not extend to him. However, in view of section 10 of the Commonwealth Naturalization Act 1903-1917 and the fact that the proclamation referred to in the proviso thereto was issued on 22 April last fixing 19 April 1920 as the day on which the provisions of that section should apply to enemy subjects, it would appear that claimant should now be deemed to be a naturalized British subject.

In the opinion given by the Crown Solicitor on 22 May 1918 in the cases of Mr and Mrs A. there is no reference to the provisions of section 10 of the Commonwealth Naturalization Act 1903-1917, but it would appear that, in view of the proclamation above referred to, both Mr and Mrs A. should now be deemed to be naturalized British subjects.

The position would now appear to be that, notwithstanding the provisions of the Naturalization Acts of the States of New South Wales and Western Australia relating to the naturalization of the children of naturalized persons and the absence of any such provision in the Naturalization Acts of the States of Victoria, Queensland, South Australia and Tasmania, any person whose father was naturalized under the law of the Commonwealth or of a State and who at the time of such naturalization of his father was under 21 years of age and has at any time prior to his attaining that age resided in Australia with such father is, in the Commonwealth, deemed to be a naturalized British subject.

I shall be glad if you will kindly advise me as to whether the views expressed in [the above] paragraphs of this memorandum are correct.

From the above memorandum it appears that B.C. was born in Germany in 1854 and accompanied his parents to Australia in 1858. During his infancy (in 1863) his father became naturalized in New South Wales. C. at a time during his infancy resided with his father. He is therefore a person who is 'in the Commonwealth . . . deemed to be naturalized' by virtue of section 10 of the Naturalization Act 1903-1917 and the proclamation issued under that section.

The facts relating to Mr A. as appearing in the Crown Solicitor's opinion of 22 May 1918, are that he was born in Germany in 1852 and arrived in Australia at the age of three. His father was naturalized in 1861.

If it can be shown that A. at any time during infancy resided in Australia with his father, he is naturalized for the same reason as B.C.

Mrs A. was born in Germany in 1854. Her father was naturalized in Australia when she was five years old. Presumably she resided during infancy with her father in Australia. In this case also section 10 of the Naturalization Act applies.

Paragraph (b) of section 16 (1) of the Invalid and Old-age Pensions Act 1908-1919 disqualifies naturalized subjects of the King who have not been naturalized for the period of three years next preceding the date of their pension claims. As the naturalization of the persons whose cases are dealt with above depends solely on the Commonwealth Act, it would appear that the date from which they can claim naturalization is that specified in the proclamation of 22 April 1920, and that their disqualification continues for three years from that date.⁽¹⁾

[Vol. 17, p. 1]

(1)Upon receipt of this opinion the Assistant Commissioner of Pensions pointed out that paragraph (b)of section 16(1) had been repealed (by section 3 of the Invalid and Old-age Pensions Act 1912).

In response Sir Robert Garran said that the repeal of paragraph (b)had been overlooked when the opinion was prepared, and concluded:

‘The period during which a claimant for old-age pension has been naturalized is not now a factor in determining his qualification to receive a pension’.