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Australian Citizenship Act 2007

Category: Legislation
Binomial Name: Australian Commonwealth Government
Date: 1 July 2007
Sub Category:Legislation
Legal Status:

In force

Summary Information:

The Australian Citizenship Act 2007 (Cth) (the 2007 Act) replaced the Nationality and Citizenship Act 1948 (Cth) (the 1948 Act). 

Detailed Information:

About the Act

The 2007 Act reflects some of the changes to the legal landscape which took place after the creation of the 1948 Act it replaces. Most notably, Australian citizens are no longer deemed British subjects by virtue of their citizenship, reflecting the shift toward independence from British imperialism.

The 2007 Act also indicates a more feminist approach: it provides for automatic citizenship by descent from a 'parent', whereas the 1948 Act required descent from an Australian father or unmarried mother.


The 2007 Act, like the 1948 Act, does not specifically mention the status of Aboriginal and Torres Strait Islander Peoples. However, the High Court in Love v Commonwealth of Australia; Thoms v Commonwealth of Australia [2020] HCA 3 decided that an Aboriginal or Torres Strait Islander person may have non-alien, non-citizen status due to their traditional connection with their Country.

Related Entries

  • Commonwealth of Australia
  • Event
  • The 1967 Referendum
  • Legislation
  • Nationality and Citizenship Act 1948 - Subsequent
  • Case Law
  • Love v Commonwealth of Australia; Thoms v Commonwealth of Australia [2020] HCA 3

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