Thick and Thin Citizenship as Measures of Australian Democracy

Subjects and Aliens: Histories of Nationality, Law and Belonging in Australia and New Zealand

“…87 The government decided not to appeal the magistrate's decision and paid Bullosh's costs of ₤70. 88 This meant that Mitta Bullosh and other Indians who sought to be enrolled on the federal roll, like William Fazldad, Nabob Khan and Charles Babakhan in New South Wales, and Charles Sanassee in South Australia, were then able to do so. 89 This legal decision had the potential to allow other British subjects, such as Indigenous Australians and Chinese residents in Australia, to be added to the federal roll.…”

“…87 The 1946 Broome hearings show the scant respect of Commissioner Bray and his officials for the 'rule of law' even in the 'formal' or 'thin' sense of that concept. 88 Bray and the Department of Native Affairs thumbed their noses at established law, denying the need for evidence to support allegations of bad reputation and insisting that not associating with either 'natives' or 'coloured persons' was a prerequisite for 'citizenship', despite the absence of any such requirement in the Natives (Citizenship Rights) Act itself.…”

“…87 The absence of a citizenship provision in the Australian Constitution gave the Commonwealth legislature extraordinary latitude to determine who should be regarded as a member of the Australian community and who should not. 88 Therefore, it should come as no surprise that, in late 1901, as Australia's new Commonwealth Parliament called for the transfer from Great Britain of the colony of British New Guinea, Senator Thomas Playford made the avowedly racist and deeply offensive statement that: 'We also wish to know … whether the n*****s will be allowed to cross the narrow strait and find their way into Australia proper.' 89 The former South Australian premier and his fellow members of parliament supported the expansion of Australia's new Federation into the Pacific as part of its own 'Monroe Doctrine'.…”