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Citizenship Act 1975

Chapter 12.

Citizenship Act 1975.
Certified on: / /20 .

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 12.

Citizenship Act 1975.

ARRANGEMENT OF SECTIONS.

INDEPENDENT STATE OF PAPUA NEW GUINEA.

AN ACT

entitled

Citizenship Act 1975,

Being an Act to implement Part IV (citizenship) of the Constitution.

1. INTERPRETATION.

In this Act–

“the regulations” means any regulations made under this Act;

“this Act” includes the regulations.

2. RENUNCIATION OF FOREIGN CITIZENSHIP.

^[1]Where the Constitution permits or requires a person to renounce a foreign citizenship, he may do so–

(a) after attaining the age of 18 years; and

(b) by making before–

(i) a judicial officer; or

(ii) some other person appointed by the Minister,

a declaration in Form 1.

3. RENUNCIATION OF RIGHT TO PERMANENT RESIDENCE IN AUSTRALIA OR OF FOREIGN CITIZENSHIP.

A person who wishes to renounce his right to permanent residence in Australia or his status as an Australian citizen or as a citizen of another country in accordance with Section 65(4) and (5) of the Constitution may do so by making before–

(a) a judicial officer; or

(b) some other person appointed by the Minister,

a declaration in Form 2.

4. APPLICATION FOR AUTOMATIC CITIZENSHIP.

An application for registration as an automatic citizen under Section 65(2)(a) of the Constitution shall be in Form 3.

5. REGISTRATION OF BIRTHS OVERSEAS.

(1) For the purposes of Section 66(2)(c) of the Constitution, the registration of a birth overseas may be made by giving to a person appointed by the Minister the prescribed particulars.

(2) The registration shall be made within one year after the birth or, with the consent of the Minister, at any time after the end of that period.

(3) The regulations may provide for the keeping of a register or registers of births overseas for the purposes of Part IV of the Constitution.

(4) A certificate under, or apparently under, the hand of a person appointed under Subsection (1) and purporting to set out details of registration of a birth is prima facie evidence of the facts set out in it.

6. CITIZENSHIP BY NATURALIZATION.

^[2](1) An application for citizenship by naturalization under Section 67 of the Constitution shall be–

(a) in the prescribed form; and

(b) verified as prescribed; and

(c) accompanied by the prescribed fee.

(2) Where an application for citizenship by naturalization is refused, a prescribed portion of the prescribed fee shall be refunded to the applicant.

7. RENUNCIATION OF PAPUA NEW GUINEA CITIZENSHIP.

Citizenship of Papua New Guinea may be renounced by making before a judicial officer or some other person authorized by the Minister a declaration in Form 4.

8. REGAINING OF CITIZENSHIP BY CERTAIN PERSONS.

For the purposes of Section 74(3) of the Constitution, where a child under the age of 19 years loses his citizenship the Minister may–

(a) on application by or on behalf of the child; and

(b) where he is satisfied that it is in the best interests of the welfare of the child to do so,

by order, grant citizenship of Papua New Guinea to the child.

9. CERTIFICATE AS TO CITIZENSHIP.

(1) An application under Section 81(1) of the Constitution shall be in Form 5.

(2) A certificate under Section 81(2) of the Constitution shall be in Form 6.

10. CITIZENSHIP ADVISORY COMMITTEE.

^[3](1) [Repealed.]

(2) For the purposes of Division IV.4 of the Constitution, a Citizenship Advisory Committee is hereby established.

(3) The four permanent members of the Citizenship Advisory Committee shall be appointed by the Head of State, acting on advice given after consultation with the Permanent Parliamentary Committee with special functions in relation to citizenship matters.

(4) Where the person to whom a matter before the Citizenship Advisory Committee relates resides in an area which has a Provincial Government, the ad hoc member of the Committee shall be the person recommended to the Minister by the Provincial Government of that area.

(5) A Provincial Government shall not make a recommendation to the Minister in accordance with Subsection (4) unless it has first sought the views of–

(a) the Local-level Government; or

(b) where there is no Local-level Government–the leaders of the local community,

in the area in which the person, to whom a matter before the Committee relates, resides.

(6 - 8)^[4] [Repealed.]

(9) A person recommended to the Minister in accordance with Subsection (4) shall be appointed to the Citizenship Advisory Committee by the Minister by instrument.

(10) Unless their respective appointments are earlier terminated–

(a) the appointments of the permanent members who are members of the Parliament terminate–

(i) at the end of the first meeting of the Parliament after the general election after their appointment; or

(ii) where a member ceases to be a member of the Parliament other than by reason of general election–on the day he ceases to be a member; and

(b) the appointments of the other permanent members terminate at the end of the period of six years after their respective appointments; and

(c) the appointment of each ad hoc member terminates immediately after the matter or class of matters in relation to which he has been appointed is concluded.

(11) The Citizenship Advisory Committee shall meet in the province in which the person to whom a matter before the Committee relates resides.

(12) In respect of a matter referred to the Citizenship Advisory Committee by the Minister, members of the Committee shall have the same powers as Commissioners in respect of a matter referred to them under the Commissions of Inquiry Act 1951 and the provisions of that Act shall apply accordingly with such alterations as are necessary to make them applicable.

(13) Subject to Subsection (11), the powers and procedures of the Citizenship Advisory Committee are as prescribed.

11. REGULATIONS.

^[5]The Head of State, acting on advice, may make regulations, not inconsistent with this Act, for carrying out or giving effect to this Act and generally for carrying out or giving effect to Part IV of the Constitution, and in particular for prescribing penalties of fines not exceeding K500.00 or imprisonment of terms not exceeding six months for offences against the regulations and for prescribing fees as authorized by this Act.

SCHEDULE 1

^[6]PAPUA NEW GUINEA.

Citizenship Act 1975.

Form 1 – Renunciation of Foreign Citizenship.

PAPUA NEW GUINEA.

Citizenship Act 1975.

Form 2 – Renunciation of Right to Permanent Residence in Australia or of Foreign Citizenship.

PAPUA NEW GUINEA.

Citizenship Act 1975.

Form 3 – Application for Registration as a Citizen..

PAPUA NEW GUINEA.

Citizenship Act 1975.

Form 4 – Renunciation of Papua New Guinea Citizenship..

PAPUA NEW GUINEA.

Citizenship Act 1975.

Form 5 – Application for Certificate as to Citizenship..

PAPUA NEW GUINEA.

Citizenship Act 1975.

Form 6 – Certificate of Citizenship..

Office of Legislative Counsel, PNG

1. ^[1]Section 2 replaced by No. 55 of 1976, s1.
2. ^[2]Section 6 repealed and replaced by Citizenship (Amendment) Act 1996 (No. 6 of 1996), s1.
3. ^[3]Section 10 amended by No. 33 of 1978.
4. ^[4]Section 10 amended by No. 33 of 1978.
5. ^[5]Section 11 amended by Citizenship (Amendment) Act 1996 (No. 6 of 1996), s2.
6. ^[6]Schedule 1 amended by No. 55 of 1976, s2.