AUSTRALIAN CITIZENSHIP AMENDMENT (CITIZENSHIP TEST REVIEW AND OTHER MEASURES) BILL 2009

i Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009

No. , 2009

Contents

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Schedule(s) ......................................................................................... 2

Schedule 1--Amendme nts

Australian Citizenship Act 2007

Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009

No. , 2009 1

A Bill for an Act to amend the Australian

Citizenship Act 2007, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Australian Citizenship Amendment

(Citizenship Test Review and Other Measures) Act 2009.

2 Commence ment

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill

2009 No. , 2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Schedule 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence with in the period of 6 months

beginning on the day on which this Act

receives the Royal Assent, they commence

on the first day after the end of that period.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amend ments Schedule 1

Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009

No. , 2009 3

Schedule 1

Amendments

Australian Citizenship Act 2007

1 Section 19G

Omit "permanent".

2 Subsection 21(2A)

Repeal the subsection, substitute:

(2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if

the Minister is satisfied that the following apply:

(a) the person has sat a test approved in a determination under

section 23A;

(b) the person was eligible to sit that test (worked out in

accordance with that determination);

accordance with that determination and completed that test

within the period (the relevant test period) worked out in

accordance with that determination;

(d) the person successfully completed that test (worked out in

accordance with that determination) within the relevant test

period.

3 Paragraph 21(3)(d)

Repeal the paragraph, substitute:

(d) satisfies subsection (3A) or (3B); and

Note:

The heading to subsection 21(3) is altered by omitting "Permanent physical" and

substituting "Physical".

4 After subsection 21(3)

Insert:

(3A) A person satisfies this subsection if the person has a permanent

physical or mental incapacity, at the time the person made the

application, that means the person is not capable of understanding

the nature of the application at that time.

Schedule 1 A mendments

4 Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill

2009 No. , 2009

(3B) A person satisfies this subsection if the person has a physical or

mental incapacity, at the time the person made the application, that

is as a result of the person having suffered torture or trauma outside

Australia and that means the person:

(a) is not capable of understanding the nature of the application

at the time the person made the application; or

(b) is not capable of demonstrating a basic knowledge of the

English language at that time; or

Australia and of the responsibilities and privileges of

Australian citizenship at that time.

5 Subsection 21(5)

Repeal the subsection, substitute:

Person aged under 18

(5) A person is eligible to become an Australian citizen if the Minister

is satisfied that the person:

(a) is aged under 18 at the time the person made the application;

and

(b) is a permanent resident:

(i) at the time the person made the application; and

(ii) at the time of the Minister's decision on the application.

6 After subsection 23A(5)

Insert:

Period for sitting and completing the test

(5A) A determination under subsection (1) may provide for the period

within which a person must start the test and for the period within

which a person must complete the test.

7 After paragraph 26(1)(b)

Insert:

(ba) has a physical or mental incapacity, at the time the person

made the application to become an Australian citizen, that is

as a result of the person having suffered torture or trauma

outside Australia and that means the person:

Amend ments Schedule 1

Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009

No. , 2009 5

(i) is not capable of understanding the nature of the

application at the time the person made the application;

(ii) is not capable of demonstrating a basic knowledge of

the English language at that time; or

(iii) is not capable of demonstrating an adequate knowledge

of Australia and of the responsibilities and privileges of

Australian citizenship at that time; or

8 Subsection 46(1A)

Repeal the subsection, substitute:

(1A) For applications made under section 21 by persons who, in order to

be eligible to become an Australian citizen under subsection 21(2),

must have sat a test approved in a determination under

section 23A, the fee prescribed by the regulations may include a

component that relates to the sitting of that test.

9 Application

(1)

The amendments made by items 2, 3, 4, 5, 7 and 8 apply in relation to

applications made on or after the commencement of those items.

(2)

However, the amendment made by item 2 does not apply in relation to a

person if:

(a) the person makes an application on or after that

commencement; and

(b) the Minister is satisfied that the person had, before that

commencement, sat a test approved in a determination under

section 23A of the Australian Citizenship Act 2007 and

successfully completed that test (worked out in accordance

with that determination).

Commonwealth of Australia Bills

AUSTRALIAN CITIZENSHIP AMENDMENT (CITIZENSHIP TEST REVIEW AND OTHER MEASURES) BILL 2009