Independent Australian Citizenship: A Study of the Introduction of the Nationality and Citizenship Act 1948 (Cth)

Abstract

Before 26 January 1949, Australians held only British nationality. There was no separate legal Australian nationality status before the Nationality and Citizenship Act 1948 (Cth) came into being on 26 January 1949. This thesis considers the legal history to the creation of the legal status of Australian citizenship.

Prior to 1949, Australia participated in an Empire-wide system of British nationality pursuant to the British Nationality and Status of Aliens Act 1914 (UK) (‘BNSA Act’), which provided a code that defined British nationality – a status acquired by birth or naturalization. My thesis considers how, with the growth of the Dominions, from self-governing colonies within the British Empire into nation-states, that were recognised as autonomous and independent of Britain both within the British Empire and internationally, the common status of British nationality came under pressure.

Prior scholarship has assumed Australia was pushed to create a separate nationality status by enacting the Nationality and Citizenship Act 1948 because Canada broke the Common Code of British nationality by creating separate Canadian citizenship in 1946. Canada’s action prompted a re-evaluation of the system of British nationality. My thesis counters this narrative, showing that in 1945 Australia sought separate nationality independently of Canada and proactively adopted the new system of British nationality in response to Canada’s citizenship legislation. It argues that there was a correlation between Australia’s legislated nationality status and Australia’s desire to achieve recognition as a sovereign state.