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Citizenship in Australia: A Guide to Commonwealth Government Records


All notes

Chapter 1


1 The end of the First World War marked the point at which the nation-state became the basic criterion of state legitimacy and the universal form of state organisation. See: Paul James, Nation Formation: Towards a Theory of Abstract Community, Sage, London, 1996, p. 12.

2 David Held, Democracy and the Global Order: From the Modern State to Cosmopolitan Governance, Polity Press, Cambridge, 1995, pp. 36–7.

3 James, Nation Formation.

4 Jürgen Habermas, 'Citizenship and National Identity: Some Reflections of the Future of Europe', Praxis International, vol. 12, no. 1, 1992, p. 3.

5 James, Nation Formation, pp.125–7.

6 Anthony Giddens, The Nation-State and Violence, vol. 2: A Contemporary Critique of Historical Materialism, Polity Press, Cambridge, 1985, p. 116.

7 Giddens, Nation-State and Violence, p. 119.

8 Giddens, Nation-State and Violence, p. 219.

9 Eric Hobsbawm emphasises the historicity of the nation and nationalism and argues that there is no point in discussing either except insofar as both relate to the nation-state. Hobsbawm, Nations and Nationalism since 1780: Programme, Myth, Reality, Cambridge University Press, Cambridge, 1990, pp. 9–10.

10 Jürgen Habermas, 'The European Nation State. Its Achievements and Its Limitations. On the Past and Future of Sovereignty and Citizenship', Ratio Juris, vol. 9, no. 2, 1996, p. 128.

11 A significant literature on the 'invention' or 'fabrication' of nationalism now exists. Anderson, Gellner and Hobsbawm are the primary exponents of such approaches in the theory and history of nationalism. Specific historical studies proceeding from similar assumptions are also numerous. Benedict Anderson, Imagined Communities: Reflections on the Origin and Spread of Nationalism, revised ed., Verso, London, 1991. Ernest Gellner, Nations and Nationalism, Cornell University Press, Ithaca, 1983. Hobsbawm, Nations and Nationalism.

12 Julia Kristeva, Strangers to Ourselves, Leon Roudiez, trans., Columbia University Press, New York, 1991, pp. 148–51.

13 Habermas, 'Citizenship and National Identity', p. 3.

14 Habermas argues for a European Union citizenship based on praxis in 'Citizenship and National Identity'. Similar arguments are put in Australia by Donald Horne and others that call for a purely civic nationalism, defined by the participation of citizens.

15 TH Marshall, Citizenship and Social Class and other essays, Cambridge University Press, Cambridge, 1950.

16 Barry Hindess, 'Divide and Rule: the international culture of citizenship', European Journal of Social Theory, vol. 1, no. 1, 1998, pp. 57–70.

17 Section 117 provides that 'A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State.' This section was a reduced version of a clause proposed by Andrew Inglis Clark (Tasmania) modelled on the Fourteenth Amendment to the American Constitution.

18 G Craven, ed. The Convention Debates 1891–1898, Legal Books, Sydney, 1986. See debate on motion to include 'citizenship' in the list of the Commonwealth's powers: vol. 5, pp. 1750–68, and debates on s. 117: vol. 4, pp. 664–91, and vol. 5, pp. 1780–1802. See commentary by John Quick and RR Garran: The Annotated Constitution of the Australian Commonwealth, Angus & Robertson, Sydney, 1901, pp. 954–9. For more recent accounts see: JA La Nauze, The Making of the Australian Constitution, Melbourne University Press, Melbourne, 1972, pp. 229–32; Helen Irving To Constitute a Nation: A Cultural History of Australia's Constitution, Cambridge University Press, Cambridge, 1997, pp. 156–62; and John Williams, 'Race, Citizenship and the Formation of the Australian Constitution: Andrew Inglis Clark and the "14th Amendment"', Australian Journal of Politics and History, vol. 42, no. 1, 1996, pp. 39–53.

19 Cabinet submission, agenda no. 947, 'Nationality Matters', AA Calwell, Minister for Immigration, 21 September 1945, and memorandum, F Strahan, Secretary to Cabinet to NJO Makin, Acting Minister for External Affairs, 3 October 1945, NAA: A446, 1960/67025.

20 Report of British Commonwealth Conference of Nationality and Citizenship, 26 February 1947, NAA: A467, 82/SF40/1.

21 Ann-Mari Jordens, Redefining Australians: Immigration, Citizenship and National Identity, Hale and Iremonger, Marrickville, 1995, p. 6.

22 Jordens, Redefining Australians, p. 7.

23 Nationality and Citizenship Act 1948, s. 5(1). This remained the case until 1987.

24 In Britain, endenization was a legal process for granting certain property and participation rights to aliens, making them 'denizens'. However, denizens did not possess full civic rights. Endenization laws were gradually replaced with naturalisation laws over the second half of the nineteenth century.

25 Nationality Act 1920, s. 6(1a). Nationality and Citizenship Act 1948, s. 10.

26 Nationality Act 1920, s. 6(1b). The paragraph was replaced by the Nationality Act 1925. Nationality and Citizenship Act 1948, s. 11. That Act also allowed for maternal descent where the child was illegitimate.

27 Memorandum, THE Heyes, Secretary of the Department of Immigration to Minister for Immigration, July 1954, NAA: A432, 1961/3191.

28 Jordens, Redefining Australians, pp. 152–5. Alastair Davidson, From Subject to Citizen: Australian Citizenship in the Twentieth Century, Cambridge University Press, Cambridge, 1997, p. 88.

29 Kim Rubenstein, 'Citizenship in Australia: Unscrambling its Meaning', Melbourne University Law Review, vol. 20, 1995, pp. 503–27.

Chapter 2


30 Clive Parry, Nationality and Citizenship Laws, Stevens & Sons, London, 1957, p. 531.

31 For a detailed discussion of the legal history of allegiance, naturalisation and endenization see: David Wishart, 'Allegiance and Citizenship as Concepts in Constitutional Law', Melbourne University Law Review, vol. 15, 1986, pp. 662–707.

32 Parry, Nationality and Citizenship Laws, pp. 523–8.

33 David Dutton, 'The Commonwealth Investigation Branch and the political construction of the Australian citizenry, 1920–40', Labour History, no. 75, November 1998, pp. 155–74.

34 Finding Families: The Guide to the National Archives of Australia for Genealogists , National Archives of Australia in association with Hale and Iremonger, Sydney, 1998.

35 Memorandum, 'Proposed Amendments to Procedure Governing the Issue of Certificates of Naturalisation', NW Lamidey, Secretary, Aliens Classification and Advisory Committee, 19 September 1945, NAA: A437, 1946/6/68.

36 Memorandum, THE Heyes to Secretary, Department of External Affairs, 16 March 1950, NAA: A445, 230/1/4.

37 Memorandum, H McGinness to the Acting Secretary, Department of Immigration, 2 April 1954, NAA: A445, 230/16/49.

38 For further details of these campaigns see: Ann-Mari Jordens, Alien to Citizen: Settling Migrants in Australia, 1945–75, Allen and Unwin in association with the Australian Archives, St Leonards, 1997, Chapter 8

Chapter 3


39 Letter, AA Calwell, Minister for Immigration to JB Chifley, Prime Minister, 20 August 1949, NAA: A461, P349/1/1.

40 Text of speech by AR Downer, Minister for Immigration at the Millions Club, Sydney, 9 July 1958, NAA: A446, 1966/45420.

41 Jordens, Redefining Australians, pp. 163–6.

42 AJ Grassby, 'A multi-cultural society for the future', 1973, reproduced in John Lack and Jacqueline Templeton, eds, Bold Experiment: A Documentary History of Australian Immigration since 1945, Oxford University Press, Melbourne, 1995, pp. 143–4.

43 A full list of the duties of aliens and enemy aliens and powers over them can be found in annexure C of Aliens Classification and Advisory Committee, Interim Report, 14 March 1943, NAA: A373, 4830/3A.

44 Davidson, From Subject to Citizen, Chapter 6. John Chesterman and Brian Galligan, Citizens without Rights: Aborigines and Australian Citizenship, Cambridge University Press, Cambridge, 1997.Pat Stretton and Christine Finnimore, 'Black fellow citizens: Aborigines and the Commonwealth Franchise', Australian Historical Studies, vol. 25, no. 101, October 1993, pp. 521–35.

45 Ros Fraser, Aboriginal and Torres Strait Islander People in Commonwealth Records, Australian Government Publishing Service, Canberra, 1993.

46 Commonwealth Franchise Act 1902–18, Sugar Bounty Act 1905, Bounties Act 1907, Invalid and Old-Age Pensions Act 1908, Widows' Pensions Act 1942, Unemployment and Sickness Benefits Act 1944, Maternity Allowance Act 1912, Child Endowment Act 1941, Emigration Act 1910, and Passports Act 1920–38. Tom Clarke and Brian Galligan, 'Protecting the Citizen Body: The Commonwealth's Role in Shaping and Defending an "Australian" Population', Australian Journal of Political Science, vol. 30, 1995, pp. 454–5.

47 Clarke and Galligan, 'Protecting the Citizen Body', pp. 455–6.

48 George Pearce, Commonwealth Parliamentary Debates, Senate, 2 July 1903, vol. 14, p. 1703.

49 Josiah Symon, Commonwealth Parliamentary Debates, Senate, 2 July 1903, vol. 14, p. 1744.

50 International Convention on certain questions relating to the Conflict of Nationality Laws, The Hague, 12 April 1930, articles 8–10. A copy can be found at NAA: A446, 1964/46452.

Chapter 4


51 Paper, 'Notes on the Responsibilities and Privileges of Australian Citizenship', [1955], NAA: A446, 1955/67340.

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