Commonwealth Consolidated Acts

AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 12

  (1)   A person born in Australia is an Australian citizen if and only if:

  (a)   a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or

  (b)   the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.

Enemy occupation

  (2)   However, a person is not an Australian citizen under this section if, at the time the person is born:

  (a)   a parent of the person is an enemy alien; and

  (b)   the place of the birth is under occupation by the enemy;

unless, at that time, the other parent of the person:

  (c)   is an Australian citizen or a permanent resident; and

  (d)   is not an enemy alien.