Defining
Australian Citizenship
Defining
Australian Citizenship
Selected Documents
Edited by
John Chesterman and Brian Galligan
MELBOURNE UNIVERSITY PRESS
PO Box 278, Carlton South, Victoria 3053, Australia
info@mup.unimelb.edu.au
www.mup.com.au
First published 1999
Text (Introduction and commentaries) John Chesterman and Brian Galligan 1999 Selection and arrangement of documents John Chesterman and Brian Galligan 1999 Design and typography Melbourne University Press 1999
This book is copyright. Apart from any use permitted under the Copyright Act 1968 and subsequent amendments, no part may be reproduced, stored in a retrieval system or transmitted by any means or process whatsoever without the prior written permission of the publisher.
Designed by Lauren Statham, Alice Graphics
Typeset by Syarikat Seng Teik Sdn. Bhd., Malaysia, in Berkeley Book and Sabon Printed in Australia by RossCo Print
National Library of Australia Cataloguing-in-Publication entry
Defining Australian citizenship: selected documents.
Bibliography.
Includes index.
ISBN 0 522 84848 6.
1. CitizenshipAustralia. I. Chesterman, John, 1967 .
II. Galligan, Brian, 1945 .
323.60994
Published in association with the National Archives of Australia
For Johanna and Rachael
J. C.
For Gabrielle and Alice
B. G.
Contents
Acknowledgements
In collating and editing this book we have incurred a number of debts. The first is to the staff and graduate students at the Centre for Public Policy, University of Melbourne, with whom we have had many discussions on citizenship. For expressing their many and varied views we thank: Ellen Jane Browne, Tom Davis, Shaun Goldfinch, Linda Hancock, Bruce Headey, Brian Howe, Cathy Lowy, Denis Muller, Anthony ODonnell, Kate Robb, Winsome Roberts, Gabby Trifiletti, Cathy Woodward and John Wright. We also thank Tom Clarke, who located some of the archival documents reproduced here.
Dr Chesterman is grateful for the support given to this project by his new colleagues at the School of Indigenous Australian Studies, James Cook University. And Professor Galligan would like to thank Professors Alastair Davidson and Terry Burke at Swinburne Universitys Centre for Urban and Social Research for welcoming him as a Visiting Fellow in 1998.
Our work could not have been completed without the assistance of an Australian Research Council Large Grant on the institutional definition and development of Australian Citizenship. We are most grateful for this, and for a publication grant from the Research and Graduate Studies Committee, Faculty of Arts, University of Melbourne.
This book reveals the importance of original sources to an understanding of Australian citizenship. We are pleased that the National Archives of Australia (NAA), which holds and makes accessible a vast collection of Commonwealth government records, has assisted in publishing this book.
We are indebted to those copyright holdersgovernments, government agencies, courts, publishers and authorswho have given us permission to reproduce their material. Every effort has been made to contact copyright holders over the documents reproduced in this book, but we would welcome information from any copyright holder whose permission has not been given. We are required to state that all Commonwealth legislation
herein is reproduced by permission but does not purport to be the official or authorised version. It is subject to Commonwealth of Australia copyright. The Copyright Act 1968 permits certain reproduction and publication of Commonwealth legislation. In particular, s. 182A of the Act enables a complete copy to be made by or on behalf of a particular person. For reproduction or publication beyond that permitted by the Act, permission should be sought in writing from AusInfo. Requests in the first instance should be addressed to the Manager, Legislative Services, AusInfo, GPO Box 84, Canberra ACT 2601.
Further, copyright in all extracts from Australian Bureau of Statistics material, Commonwealth Parliamentary Debates, Commonwealth parliamentary reports, Commonwealth publications, and Conciliation and Arbitration Commission cases remains with the Commonwealth of Australia, and the extracts are reproduced by permission.
A brief note on the text. Spelling and capitalisation appear here as they did in the original documents, but all footnotes, endnote and other reference marks have been omitted.
J. C. and B. G.
October 1998
List of Documents
The Australian Constitution [1901]
The Constitution of the United States of America
Official Record of the Debates of the Australasian Federal Convention, Melbourne 1898
Official Record of the Debates of the Australasian Federal Convention, Melbourne 1898
Calvins Case (1608)
Nationality Act 1920 (Cth)
Letter from Association of Australian Born Subjects to the Minister for Home and Territories, 20 October 1917
Letter from Hunt to the Association of Interned Australian Born Subjects, 21 January 1918
Opinion of Geoffrey Sawer, Appendix 3 to the Report from the Select Committee on Voting Rights of Aborigines (1961)
Nationality and Citizenship Act 1948 (Cth)
Commonwealth Parliamentary Debates, 30 September 1948
Commonwealth Parliamentary Debates, 23 November 1948
Natives (Citizenship Rights) Act 1944 (WA)
Letter from Paul Hasluck, Minister for Territories, to Attorney-General Garfield Barwick, 5 May 1959
Letter from Attorney-General Garfield Barwick to Paul Hasluck, Minister for Territories, 16 July 1959
Letter from K. H. Bailey to the Select Committee on Voting Rights of Aborigines, 6 October 1961
Address by Mr Justice Simpson of the ACT Supreme Court, January 1951
Kim Rubenstein, What Does Australian Citizenship Mean Today?, 1997
Commonwealth Parliamentary Debates, 7 December 1983
An Act for enabling the Governor... of New South Wales to grant Letters of Denization... (NSW, 1828)
An Ordinance to Naturalize Johann August Ludwig Preiss (WA, 1841)
Naturalization Act 1871 (WA)
Aliens Act 1867 (Qld)
Naturalization and Denization Act of New South Wales 1898
Immigration Restriction Act 1901 (Cth)
King v Wilson; ex parte Kisch (High Court, 1934)
Naturalization Act 1903 (Cth)
Commonwealth Parliamentary Debates, 1 July 1903
Commonwealth Parliamentary Debates, 9 July 1903
Letter from Attorney-General Henry B. Higgins to the Minister for External Affairs, 9 June 1904
Memorandum from the Secretary, Department of External Affairs, 7 June 1904
Nationality Act 1920 (Cth)
Memorandum from the Department of Home and Territories, 6 January 1922
Memorandum from the Department of Home and Territories, 11 May 1923
Letter from F. Saidy to the Secretary, Department of Home and Territories, 16 August 1921
