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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Citizenship Legislation
Amendment (Strengthening the
Requirements for Australian Citizenship
and Other Measures) Bill 2017
No. , 2017
(Immigration and Border Protection)
A Bill for an Act to amend the Australian
Citizenship Act 2007 and other legislation, and for
related purposes
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments
3
Australian Citizenship Act 2007
3
Migration Act 1958
45
Part 2--Application and transitional provisions
47
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
1
A Bill for an Act to amend the Australian
1
Citizenship Act 2007 and other legislation, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Australian Citizenship Legislation Amendment
6
(Strengthening the Requirements for Australian Citizenship and
7
Other Measures) Act 2017.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments Schedule 1
Amendments Part 1
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
3
Schedule 1--Amendments
1
Part 1--Amendments
2
Australian Citizenship Act 2007
3
1 Paragraph (a) of the Preamble
4
Omit "loyalty", substitute "allegiance".
5
2 Paragraph (b) of the Preamble
6
After "sharing their", insert "values and".
7
3 Section 2A
8
Omit:
9
The other way to become an Australian citizen is to apply to the
10
Minister. This is covered by Division 2 of Part 2. There are 4
11
situations in which you can apply for citizenship.
12
substitute:
13
The other way to become an Australian citizen is to apply to the
14
Minister. This is covered by Division 2 of Part 2. There are 4
15
situations in which you can apply for citizenship. In some cases,
16
you may be required to make a pledge of allegiance before you
17
become an Australian citizen.
18
4 Section 2A
19
Omit:
20
The third is citizenship by conferral. Generally, you would need to
21
be a permanent resident and willing to make a pledge of
22
commitment to apply for citizenship by conferral. You may need to
23
successfully complete a citizenship test. There are some less
24
Schedule 1 Amendments
Part 1 Amendments
4
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
common circumstances in which you can apply for citizenship by
1
conferral. Citizenship by conferral is covered by Subdivision B.
2
substitute:
3
The third is citizenship by conferral. Generally, you would need to
4
be a permanent resident. You may need to successfully complete a
5
citizenship test. There are some less common circumstances in
6
which you can apply for citizenship by conferral. Citizenship by
7
conferral is covered by Subdivision B.
8
5 Section 2A
9
Omit:
10
If you did not automatically become an Australian citizen, the
11
Minister can revoke your citizenship in certain circumstances.
12
substitute:
13
If you did not automatically become an Australian citizen, the
14
Minister can revoke your citizenship in certain circumstances (for
15
example, where there has been fraud or misrepresentation or where
16
you have committed certain offences).
17
6 Section 3
18
Before "In this Act", insert "(1)".
19
7 Section 3 (definition of artificial conception procedure)
20
Repeal the definition.
21
8 Section 3
22
Insert:
23
competent English: a person has competent English in the
24
circumstances determined under paragraph 21(9)(a).
25
Amendments Schedule 1
Amendments Part 1
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
5
9 Section 3 (definition of de facto partner)
1
Omit "meaning given by the Acts Interpretation Act 1901", substitute
2
"same meaning as in the Migration Act 1958".
3
10 Section 3
4
Insert:
5
mental health care facility includes a mental health care section of
6
a hospital.
7
11 Section 3 (at the end of the definition of permanent visa)
8
Add:
9
Note:
See also subsection (2).
10
12 Section 3 (definition of psychiatric institution)
11
Repeal the definition.
12
13 Section 3
13
Insert:
14
residency period has the meaning given by subsection 22(1A).
15
spouse has the same meaning as in the Migration Act 1958.
16
substantive visa has the same meaning as in the Migration Act
17
1958.
18
14 At the end of section 3
19
Add:
20
(2) The Minister may, by legislative instrument, determine a kind of
21
permanent visa for the purposes of subparagraph 21(5)(b)(ii) and
22
paragraph 52(2A)(b).
23
15 Subsection 6A(1)
24
Omit "section 3", substitute "subsection 3(1)".
25
Schedule 1 Amendments
Part 1 Amendments
6
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
16 Section 9 (heading)
1
Repeal the heading, substitute:
2
9 Confinement in prison or mental health care facility
3
17 Subsection 9(3)
4
Repeal the subsection, substitute:
5
Confinement in mental health care facility
6
(3) For the purposes of this Act, the period during which a person is
7
confined in a mental health care facility by order of a court
8
includes a period during which the person is an escapee from the
9
facility.
10
18 Section 11A
11
Omit:
12
•
citizenship for abandoned children: see section 14; and
13
19 Subsection 12(2) (heading)
14
Repeal the heading, substitute:
15
Exception--enemy occupation
16
20 At the end of section 12
17
Add:
18
Exception--parent entitled to privileges or immunities
19
(3) Paragraph (1)(b) does not apply to a person born in Australia if, at
20
any time during the 10-year period referred to in that paragraph, a
21
parent of the person was entitled to any privileges or immunities
22
under any of the following Acts:
23
(a) the Diplomatic Privileges and Immunities Act 1967;
24
(b) the Consular Privileges and Immunities Act 1972;
25
Amendments Schedule 1
Amendments Part 1
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
7
(c) the International Organisations (Privileges and Immunities)
1
Act 1963;
2
(d) the Overseas Missions (Privileges and Immunities) Act 1995.
3
Exception--unlawful non-citizen
4
(4) Paragraph (1)(b) does not apply to a person born in Australia if, at
5
any time during the 10-year period referred to in that paragraph,
6
the person was present in Australia as an unlawful non-citizen.
7
Exception--no visa
8
(5) Paragraph (1)(b) does not apply to a person born in Australia if, at
9
any time during the 10-year period referred to in that paragraph,
10
the person was outside Australia and, at that time, the person did
11
not hold a visa permitting the person to travel to, enter and remain
12
in Australia.
13
(6) Subsection (5) does not apply in relation to a person if the person
14
was a New Zealand citizen when the person left Australia and the
15
person was a New Zealand citizen throughout the period of the
16
person's absence from Australia.
17
Exception--status of parent
18
(7) Paragraph (1)(b) does not apply to a person born in Australia if:
19
(a) a parent of the person did not hold a substantive visa at the
20
time of the person's birth; and
21
(b) that parent has entered Australia on one or more occasions
22
before the person's birth; and
23
(c) at any time during the period beginning on the day that parent
24
last entered Australia and ending on the day of the person's
25
birth, that parent was present in Australia as an unlawful
26
non-citizen.
27
Abandoned children
28
(8) A person found abandoned in Australia as a child:
29
(a) is taken to have been born in Australia; and
30
Schedule 1 Amendments
Part 1 Amendments
8
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
(b) is taken to be a person in relation to whom paragraph (1)(a)
1
applies.
2
(9) Subsection (8) applies unless and until it is proved:
3
(a) the person was outside Australia at any time before the
4
person was found abandoned in Australia as a child; or
5
(b) the person is not a person in relation to whom
6
paragraph (1)(a) applies.
7
21 Paragraph 13(a)
8
After "Territory", insert ", where the adoption process began when the
9
person was aged under 18".
10
22 Section 14
11
Repeal the section.
12
23 Section 15A
13
After:
14
•
national security: see subsections 17(4) to (4B); or
15
insert:
16
•
offences: see subsection 17(4C); or
17
24 Section 15A
18
Omit:
19
You will be registered if the Minister approves you becoming an
20
Australian citizen.
21
You do not become an Australian citizen, even if the Minister
22
approves you becoming an Australian citizen, unless a parent of
23
yours was an Australian citizen at a particular time: see
24
section 19A.
25
substitute:
26
Amendments Schedule 1
Amendments Part 1
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
9
You may be required to make a pledge of allegiance before you
1
become an Australian citizen.
2
25 After section 15A
3
Insert:
4
15B Requirements for becoming a citizen
5
A person becomes an Australian citizen under this Subdivision if:
6
(a) the Minister decides under subsection 17(1) to approve the
7
person becoming an Australian citizen; and
8
(b) if the person is required to make a pledge of allegiance to
9
become an Australian citizen--the person makes that pledge.
10
Note:
Sections 16 to 17A deal with the Minister approving the person
11
becoming an Australian citizen. Subdivision D deals with the making
12
of a pledge of allegiance and the day citizenship begins.
13
26 Paragraph 16(2)(c)
14
Omit ", and the person is aged 18 or over at the time the person made
15
the application".
16
27 After subsection 17(4B)
17
Insert:
18
Offences
19
(4C) The Minister must not approve the person becoming an Australian
20
citizen at a time:
21
(a) when proceedings for an offence against an Australian law
22
(including proceedings by way of appeal or review) are
23
pending in relation to the person; or
24
(b) when the person is confined to a prison in Australia; or
25
(c) during the period of 2 years after the end of any period
26
during which the person has been confined to a prison in
27
Australia because of the imposition on the person of a serious
28
prison sentence; or
29
Schedule 1 Amendments
Part 1 Amendments
10
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
(d) if the person is a serious repeat offender in relation to a
1
serious prison sentence--during the period of 10 years after
2
the end of any period during which the person has been
3
confined to a prison in Australia because of the imposition of
4
that sentence; or
5
(e) if the person has been released from serving the whole or a
6
part of a sentence of imprisonment on parole or licence--
7
during any period during which action can be taken under an
8
Australian law to require the person to serve the whole or a
9
part of that sentence; or
10
(f) if the person:
11
(i) has been released by a court from serving the whole or a
12
part of a sentence of imprisonment; and
13
(ii) has been so released subject to conditions relating to the
14
person's behaviour;
15
during any period during which action can be taken against
16
the person under an Australian law because of a breach of
17
any of those conditions; or
18
(g) if, in respect of proceedings for an offence against an
19
Australian law in relation to the person, a court releases the
20
person subject to conditions relating to the person's
21
behaviour--during any period during which action can be
22
taken against the person under an Australian law because of a
23
breach of any of those conditions; or
24
(h) during any period during which the person is confined in a
25
mental health care facility by order of a court made in
26
connection with proceedings for an offence against an
27
Australian law in relation to the person; or
28
(i) when the person is subject to an order of a court for home
29
detention, where the order was made in connection with
30
proceedings for an offence against an Australian law in
31
relation to the person; or
32
(j) when the person is subject to an order of a court requiring the
33
person to participate in:
34
(i) a residential drug rehabilitation scheme; or
35
(ii) a residential program for persons with a mental illness;
36
or
37
(iii) any other residential scheme or program;
38
Amendments Schedule 1
Amendments Part 1
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
11
where the order was made in connection with proceedings for
1
an offence against an Australian law in relation to the person.
2
28 After section 17
3
Insert:
4
17A Cancellation of section 17 approval by Minister
5
Mandatory cancellation
6
(1) The Minister must, by writing, cancel an approval given to a
7
person under section 17 if:
8
(a) the person has not become an Australian citizen under
9
section 32AD; and
10
(b) assuming that the Minister were considering the person's
11
application to become an Australian citizen at the time of the
12
proposed cancellation, the Minister is satisfied that the person
13
would not be given an approval under section 17 because of
14
subsection 17(3), (4) or (4A).
15
Discretionary cancellation--person would no longer be given
16
approval
17
(2) The Minister may, by writing, cancel an approval given to a person
18
under section 17 if:
19
(a) the person has not become an Australian citizen under
20
section 32AD; and
21
(b) assuming that the Minister were considering the person's
22
application to become an Australian citizen at the time of the
23
proposed cancellation, the Minister is satisfied that the person
24
would not be given an approval under section 17 (other than
25
because of subsection 17(3), (4) or (4A)).
26
Discretionary cancellation--failure to make a pledge of allegiance
27
(3) The Minister may, by writing, cancel an approval given to a person
28
under section 17 if:
29
(a) the person has not become an Australian citizen under
30
section 32AD; and
31
Schedule 1 Amendments
Part 1 Amendments
12
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
(b) the person has failed to make a pledge of allegiance within 12
1
months after the day on which the person received notice of
2
the approval; and
3
(c) the person's reason for the failure is not one that is prescribed
4
by the regulations for the purposes of this paragraph.
5
29 Sections 18 and 19
6
Repeal the sections.
7
30 Section 19A
8
Repeal the section.
9
31 Section 19B
10
After:
11
•
national security: see subsections 19D(5) to (7A); or
12
insert:
13
•
offences: see subsection 19D(7B); or
14
32 Section 19B
15
Omit:
16
You will be registered if the Minister approves you becoming an
17
Australian citizen.
18
substitute:
19
You may be required to make a pledge of allegiance before you
20
become an Australian citizen.
21
33 After section 19B
22
Insert:
23
Amendments Schedule 1
Amendments Part 1
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
13
19BA Requirements for becoming a citizen
1
A person becomes an Australian citizen under this Subdivision if:
2
(a) the Minister decides under subsection 19D(1) to approve the
3
person becoming an Australian citizen; and
4
(b) if the person is required to make a pledge of allegiance to
5
become an Australian citizen--the person makes that pledge.
6
Note:
Sections 19C to 19DA deal with the Minister approving the person
7
becoming an Australian citizen. Subdivision D deals with the making
8
of a pledge of allegiance and the day citizenship begins.
9
34 Paragraph 19C(2)(g)
10
Omit "if the applicant is aged 18 or over at the time the applicant made
11
the application--".
12
35 After subsection 19D(7A)
13
Insert:
14
Offences
15
(7B) The Minister must not approve the person becoming an Australian
16
citizen at a time:
17
(a) when proceedings for an offence against an Australian law
18
(including proceedings by way of appeal or review) are
19
pending in relation to the person; or
20
(b) when the person is confined to a prison in Australia; or
21
(c) during the period of 2 years after the end of any period
22
during which the person has been confined to a prison in
23
Australia because of the imposition on the person of a serious
24
prison sentence; or
25
(d) if the person is a serious repeat offender in relation to a
26
serious prison sentence--during the period of 10 years after
27
the end of any period during which the person has been
28
confined to a prison in Australia because of the imposition of
29
that sentence; or
30
(e) if the person has been released from serving the whole or a
31
part of a sentence of imprisonment on parole or licence--
32
during any period during which action can be taken under an
33
Schedule 1 Amendments
Part 1 Amendments
14
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
Australian law to require the person to serve the whole or a
1
part of that sentence; or
2
(f) if the person:
3
(i) has been released by a court from serving the whole or a
4
part of a sentence of imprisonment; and
5
(ii) has been so released subject to conditions relating to the
6
person's behaviour;
7
during any period during which action can be taken against
8
the person under an Australian law because of a breach of
9
any of those conditions; or
10
(g) if, in respect of proceedings for an offence against an
11
Australian law in relation to the person, a court releases the
12
person subject to conditions relating to the person's
13
behaviour--during any period during which action can be
14
taken against the person under an Australian law because of a
15
breach of any of those conditions; or
16
(h) during any period during which the person is confined in a
17
mental health care facility by order of a court made in
18
connection with proceedings for an offence against an
19
Australian law in relation to the person; or
20
(i) when the person is subject to an order of a court for home
21
detention, where the order was made in connection with
22
proceedings for an offence against an Australian law in
23
relation to the person; or
24
(j) when the person is subject to an order of a court requiring the
25
person to participate in:
26
(i) a residential drug rehabilitation scheme; or
27
(ii) a residential program for persons with a mental illness;
28
or
29
(iii) any other residential scheme or program;
30
where the order was made in connection with proceedings for
31
an offence against an Australian law in relation to the person.
32
36 After section 19D
33
Insert:
34
Amendments Schedule 1
Amendments Part 1
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
15
19DA Cancellation of section 19D approval by Minister
1
Mandatory cancellation
2
(1) The Minister must, by writing, cancel an approval given to a
3
person under section 19D if:
4
(a) the person has not become an Australian citizen under
5
section 32AD; and
6
(b) assuming that the Minister were considering the person's
7
application to become an Australian citizen at the time of the
8
proposed cancellation, the Minister is satisfied that the person
9
would not be given an approval under section 19D because of
10
subsection 19D(4), (5) or (6).
11
Discretionary cancellation--person would no longer be given
12
approval
13
(2) The Minister may, by writing, cancel an approval given to a person
14
under section 19D if:
15
(a) the person has not become an Australian citizen under
16
section 32AD; and
17
(b) assuming that the Minister were considering the person's
18
application to become an Australian citizen at the time of the
19
proposed cancellation, the Minister is satisfied that the person
20
would not be given an approval under section 19D (other
21
than because of subsection 19D(4), (5) or (6)).
22
Discretionary cancellation--failure to make a pledge of allegiance
23
(3) The Minister may, by writing, cancel an approval given to a person
24
under section 19D if:
25
(a) the person has not become an Australian citizen under
26
section 32AD; and
27
(b) the person has failed to make a pledge of allegiance within 12
28
months after the day on which the person received notice of
29
the approval; and
30
(c) the person's reason for the failure is not one that is prescribed
31
by the regulations for the purposes of this paragraph.
32
Schedule 1 Amendments
Part 1 Amendments
16
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
37 Sections 19E and 19F
1
Repeal the sections.
2
38 Section 19G
3
Omit:
4
You may need to make a pledge of commitment to become an
5
Australian citizen.
6
substitute:
7
You may need to make a pledge of allegiance to become an
8
Australian citizen.
9
39 Paragraph 20(b)
10
Omit "commitment", substitute "allegiance".
11
40 Section 20 (note)
12
Repeal the note, substitute:
13
Note:
Sections 21 to 25 deal with the Minister approving the person
14
becoming an Australian citizen. Subdivision D deals with the making
15
of a pledge of allegiance and the day citizenship begins.
16
41 Paragraph 21(2)(e)
17
Repeal the paragraph, substitute:
18
(e) has competent English (see paragraph (9)(a)); and
19
42 Paragraph 21(2)(f)
20
Omit "of Australia and of", substitute "of Australia, Australia's values,
21
and".
22
43 After paragraph 21(2)(f)
23
Insert:
24
(fa) has integrated into the Australian community (see also
25
paragraph (9)(e)); and
26
Amendments Schedule 1
Amendments Part 1
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
17
44 At the end of subsection 21(2)
1
Add:
2
Note:
A person may be taken to satisfy the general residence requirement
3
under section 22AA.
4
45 Subsection 21(2A)
5
Omit ", (e)".
6
46 Subparagraph 21(3)(d)(ii)
7
Repeal the subparagraph, substitute:
8
(ii) is not capable of having competent English at that time
9
(see paragraph (9)(a)); or
10
47 Subparagraph 21(3)(d)(iii)
11
Omit "of Australia and of", substitute "of Australia, Australia's values,
12
and".
13
48 At the end of subsections 21(3) and (4)
14
Add:
15
Note:
A person may be taken to satisfy the general residence requirement
16
under section 22AA.
17
49 Subsection 21(5)
18
Omit "satisfied that the person", substitute "satisfied that".
19
50 Paragraph 21(5)(a)
20
Before "is", insert "the person".
21
51 Paragraph 21(5)(b)
22
Repeal the paragraph, substitute:
23
(b) at the time the person made the application and at the time of
24
the Minister's decision on the application:
25
(i) the person is a permanent resident; or
26
(ii) the person holds a permanent visa of a kind determined
27
in an instrument under subsection 3(2), the person has
28
Schedule 1 Amendments
Part 1 Amendments
18
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
not entered Australia as the holder of that visa and a
1
parent of the person is an Australian citizen; and
2
(c) the person is of good character at the time of the Minister's
3
decision on the application; and
4
(d) if the person is aged 16 or over at the time the person made
5
the application--the person has competent English (see
6
paragraph (9)(a)).
7
52 Paragraph 21(6)(d)
8
Omit "if the person is aged 18 or over at the time the person made the
9
application--".
10
53 At the end of section 21
11
Add:
12
Determination
13
(9) The Minister may, by legislative instrument, determine any one or
14
more of the following:
15
(a) the circumstances in which a person has competent English;
16
(b) without limiting subsection 33(3A) of the Acts Interpretation
17
Act 1901, information, or a document (which may or may not
18
be lodged electronically), relating to a person having
19
competent English that must accompany an application or a
20
kind of application;
21
(c) any requirements relating to information or a document
22
determined under paragraph (b) of this subsection;
23
(d) that an application is invalid under subsection 46(1B) if
24
information or a document determined under paragraph (b) of
25
this subsection does not accompany the application in
26
accordance with the determination;
27
(e) matters that the Minister may or must have regard to when
28
determining whether a person has integrated into the
29
Australian community.
30
54 Paragraphs 22(1)(a) to (c)
31
Repeal the paragraphs, substitute:
32
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(a) the person was present in Australia as a permanent resident
1
throughout the person's residency period immediately before
2
the day the person makes the application; and
3
(b) the person was not present in Australia as an unlawful
4
non-citizen at any time during that period.
5
55 At the end of subsection 22(1)
6
Add:
7
Note:
A different version of this section applies in relation to certain New
8
Zealand citizens (see subsection (11)).
9
56 After subsection 22(1)
10
Insert:
11
Meaning of residency period
12
(1A) A person's residency period is a period of 4 years.
13
57 Subsections 22(1A) and (1B)
14
Repeal the subsections, substitute:
15
Overseas absences
16
(1B) If:
17
(a) the person was absent from Australia for a part of the
18
person's residency period immediately before the day the
19
person made the application; and
20
(b) the total period of the absence or absences was not more than
21
365 days; and
22
(c) the person was a permanent resident during each period of
23
absence;
24
then, for the purposes of this section, the person is taken to have
25
been present in Australia as a permanent resident during each
26
period of absence.
27
58 Subsection 22(1C) (heading)
28
Repeal the heading, substitute:
29
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No. , 2017
Confinement in prison or mental health care facility
1
59 Subsection 22(1C)
2
Omit "the 4 year period mentioned in that paragraph", substitute "the
3
person's residency period".
4
60 Paragraph 22(1C)(b)
5
Omit "psychiatric institution", substitute "mental health care facility".
6
61 Subsection 22(2)
7
Repeal the subsection.
8
62 After subsection 22(2)
9
Insert:
10
Ministerial discretion--legislative instrument
11
(3) For the purposes of paragraph (1)(b), the Minister may treat a
12
period as one in which the person was not present in Australia as
13
an unlawful non-citizen if the Minister is satisfied that the
14
circumstances determined in an instrument under subsection (4)
15
exist in relation to the person.
16
(4) The Minister may, by legislative instrument, determine
17
circumstances for the purposes of subsection (3).
18
63 Before subsection 22(4A)
19
Insert:
20
(4AA) For the purposes of paragraph (1)(a), the Minister may treat a
21
period as one in which the person was present in Australia as a
22
permanent resident if the Minister considers the person was present
23
in Australia during that period but, because of an administrative
24
error, was not a permanent resident during that period.
25
64 Subsection 22(5)
26
Repeal the subsection.
27
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65 Subsection 22(5A) (heading)
1
Repeal the heading, substitute:
2
Ministerial discretion--confinement in prison or mental health
3
care facility
4
66 Subsection 22(6)
5
Omit "paragraph (1)(c)", substitute "paragraph (1)(a)".
6
67 Subsections 22(9) to (11)
7
Repeal the subsections, substitute:
8
Ministerial discretion--spouse, de facto partner or surviving
9
spouse or de facto partner of Australian citizen
10
(9) If the person is the spouse, de facto partner or surviving spouse
11
or de facto partner of an Australian citizen at the time the person
12
made the application, for the purposes of paragraph (1)(a), the
13
Minister may treat a period as one in which the person was present
14
in Australia as a permanent resident, if:
15
(a) the person was a spouse or de facto partner of that Australian
16
citizen throughout that period; and
17
(b) the person was not present in Australia throughout that
18
period; and
19
(c) the person was a permanent resident throughout that period;
20
and
21
(d) the Minister is satisfied that the person had a close and
22
continuing association with Australia throughout that period;
23
and
24
(e) during the person's residency period, the person was present
25
in Australia for a total of at least 365 days.
26
Note:
For surviving spouse or de facto partner, see subsection (13).
27
(10) Paragraph (9)(e) does not apply to the person if, throughout the
28
period referred to in paragraph (9)(a), the Australian citizen
29
referred to in paragraph (9)(a) was working outside Australia as a
30
Commonwealth officer or a State or Territory officer.
31
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Certain New Zealand citizens
1
(11) Despite the amendments of this section made by Schedule 1 to the
2
Australian Citizenship Legislation Amendment (Strengthening the
3
Requirements for Australian Citizenship and Other Measures) Act
4
2017:
5
(a) this section, as in force immediately before those
6
amendments commenced; and
7
(b) subsection 24(5), as in force at that time;
8
continue to apply in relation a person who is a New Zealand citizen
9
in a class determined under subsection (12).
10
(12) The Minister may, by legislative instrument, determine one or
11
more classes of New Zealand citizens for the purposes of
12
subsection (11).
13
Definitions
14
(13) In this section:
15
Commonwealth officer means:
16
(a) a person who is in the employment of the Commonwealth,
17
other than a person who is engaged outside Australia to
18
perform duties outside Australia as an employee; or
19
(b) a person who holds or performs the duties of any office or
20
position established by or under a law of the Commonwealth;
21
or
22
(c) a member of the Australian Defence Force; or
23
(d) the Commissioner of the Australian Federal Police, a Deputy
24
Commissioner of the Australian Federal Police, an AFP
25
employee, a special member or a special protective service
26
officer (all within the meaning of the Australian Federal
27
Police Act 1979).
28
State or Territory officer means:
29
(a) a person who is in the employment of a State or Territory,
30
other than a person who is engaged outside Australia to
31
perform duties outside Australia as an employee; or
32
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(b) a person who holds or performs the duties of any office or
1
position established by or under a law of a State or Territory;
2
or
3
(c) a member of the police force or police service of a State or
4
Territory.
5
surviving spouse or de facto partner of a person who has died
6
means a person who was the person's spouse or de facto partner
7
immediately before the person died and who has not later become
8
the spouse or de facto partner of another person.
9
68 After section 22
10
Insert:
11
22AA Minister may waive general residence requirement
12
(1) To the extent that paragraph 21(2)(c), (3)(c) or (4)(d) relates to the
13
general residence requirement (see section 22), the Minister may,
14
by writing, determine that that paragraph does not apply in relation
15
to a person (the applicant) if the Minister is satisfied that:
16
(a) both of the following apply:
17
(i) because of an administrative error by or on behalf of the
18
Commonwealth, the applicant believed that he or she
19
was an Australian citizen;
20
(ii) the error contributed to the applicant not being able to
21
satisfy the general residence requirement; or
22
(b) it is in the public interest for the Minister to make the
23
determination in relation to the applicant.
24
(2) If the Minister exercises the power under subsection (1) in relation
25
to the applicant, then, for the purposes of section 21, the applicant
26
is taken to satisfy the general residence requirement.
27
Rules relating to power under subsection (1)
28
(3) The power under subsection (1) may only be exercised by the
29
Minister personally.
30
(4) The Minister does not have a duty to consider whether to exercise
31
the power under subsection (1), whether he or she is requested to
32
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do so by the applicant or by any other person, or in any other
1
circumstances.
2
(5) If the applicant becomes an Australian citizen in circumstances
3
where the Minister exercised the power under subsection (1), the
4
Minister must cause to be tabled in each House of the Parliament,
5
within 15 sitting days of that House after the day the applicant
6
becomes an Australian citizen, a statement that:
7
(a) states that the Minister has exercised the power under
8
subsection (1); and
9
(b) sets out the reasons for the Minister's exercise of that power.
10
(6) However, a statement under subsection (5) is not to include the
11
name of the applicant.
12
(7) A determination under subsection (1) is not a legislative
13
instrument.
14
69 Subparagraph 22A(1A)(b)(i)
15
After "(f),", insert "(fa),".
16
70 Paragraph 22A(1)(f)
17
Omit "for", substitute "throughout".
18
71 Subsection 22A(2) (heading)
19
Repeal the heading, substitute:
20
Confinement in prison or mental health care facility
21
72 Paragraph 22A(2)(b)
22
Omit "psychiatric institution", substitute "mental health care facility".
23
73 After subsection 22A(5)
24
Insert:
25
Ministerial discretion--legislative instrument
26
(5A) For the purposes of paragraph (1)(g), the Minister may treat a
27
period as one in which the person was not present in Australia as
28
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an unlawful non-citizen if the Minister is satisfied that the
1
circumstances determined in an instrument under
2
subsection 22C(2A) exist in relation to the person.
3
74 Paragraph 22B(1)(f)
4
Omit "for", substitute "throughout".
5
75 Subparagraph 22B(1A)(c)(i)
6
After "(f),", insert "(fa),".
7
76 Subsection 22B(2) (heading)
8
Repeal the heading, substitute:
9
Confinement in prison or mental health care facility
10
77 Paragraph 22B(2)(d)
11
Omit "psychiatric institution", substitute "mental health care facility".
12
78 After subsection 22B(5)
13
Insert:
14
Ministerial discretion--legislative instrument
15
(5A) For the purposes of paragraph (1)(g), the Minister may treat a
16
period as one in which the person was not present in Australia as
17
an unlawful non-citizen if the Minister is satisfied that the
18
circumstances determined in an instrument under
19
subsection 22C(4) exist in relation to the person.
20
79 After subsection 22C(2)
21
Insert:
22
(2A) The Minister may, by legislative instrument, determine
23
circumstances for the purposes of subsection 22A(5A).
24
80 At the end of section 22C
25
Add:
26
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No. , 2017
(4) The Minister may, by legislative instrument, determine
1
circumstances for the purposes of subsection 22B(5A).
2
81 Subsection 23A(1) (note)
3
Omit ", (e)".
4
82 After subsection 23A(3)
5
Insert:
6
(3A) Without limiting subsection (3), the eligibility criteria may relate to
7
the fact that a person:
8
(a) has previously failed the test; or
9
(b) did not comply with one or more rules of conduct relating to
10
the test; or
11
(c) was found to have cheated during the test.
12
83 Subsection 24(1) (note)
13
Repeal the note, substitute:
14
Note:
For cancellation of an approval by the Minister, see section 25.
15
84 Subsection 24(2A)
16
After "power under subsection", insert "22AA(1),".
17
85 Paragraph 24(5)(c)
18
Repeal the paragraph, substitute:
19
(c) the Minister did not exercise the power under
20
subsection 22AA(1) in relation to the person;
21
86 Paragraphs 24(6)(f) and (g)
22
Repeal the paragraphs, substitute:
23
(f) if the person:
24
(i) has been released by a court from serving the whole or a
25
part of a sentence of imprisonment; and
26
(ii) has been so released subject to conditions relating to the
27
person's behaviour;
28
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during any period during which action can be taken against
1
the person under an Australian law because of a breach of
2
any of those conditions; or
3
(g) if, in respect of proceedings for an offence against an
4
Australian law in relation to the person, a court releases the
5
person subject to conditions relating to the person's
6
behaviour--during any period during which action can be
7
taken against the person under an Australian law because of a
8
breach of any of those conditions; or
9
87 Paragraph 24(6)(h)
10
Omit "psychiatric institution", substitute "mental health care facility".
11
88 At the end of subsection 24(6)
12
Add:
13
; or (i) when the person is subject to an order of a court for home
14
detention, where the order was made in connection with
15
proceedings for an offence against an Australian law in
16
relation to the person; or
17
(j) when the person is subject to an order of a court requiring the
18
person to participate in:
19
(i) a residential drug rehabilitation scheme; or
20
(ii) a residential program for persons with a mental illness;
21
or
22
(iii) any other residential scheme or program;
23
where the order was made in connection with proceedings for
24
an offence against an Australian law in relation to the person.
25
89 Section 25 (heading)
26
Repeal the heading, substitute:
27
25 Cancellation of section 24 approval by Minister
28
90 Before subsection 25(1)
29
Insert:
30
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Part 1 Amendments
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Australian Citizenship Legislation Amendment (Strengthening the
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2017
No. , 2017
Mandatory cancellation
1
(1A) The Minister must, by writing, cancel an approval given to a
2
person under section 24 if:
3
(a) the person has not become an Australian citizen under
4
section 32AD; and
5
(b) the approval was given on the basis of subsection 21(2), (4)
6
or (5) applying to the person; and
7
(c) assuming that the Minister were considering the person's
8
application to become an Australian citizen at the time of the
9
proposed cancellation, the Minister is satisfied that the person
10
would not be given an approval under section 24 because of
11
subsection 24(3), (4) or (4A).
12
Discretionary cancellation
13
91 Paragraph 25(1)(a)
14
Omit "section 28", substitute "section 32AD".
15
92 Paragraph 25(1)(b)
16
Repeal the paragraph, substitute:
17
(b) subsection (2) or (3) applies.
18
93 Subsection 25(2)
19
Repeal the subsection, substitute:
20
(2) This subsection applies if:
21
(a) the approval was given on the basis of subsection 21(2), (4)
22
or (5) applying to the person; and
23
(b) assuming that the Minister were considering the person's
24
application to become an Australian citizen at the time of the
25
proposed cancellation, the Minister is satisfied that the person
26
would not be given an approval under section 24 (other than
27
because of subsection 24(3), (4), (4A) or (5)).
28
94 Subsection 25(3) (heading)
29
Repeal the heading.
30
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95 Subsection 25(3)
1
Omit "The second situation", substitute "This subsection".
2
96 Paragraph 25(3)(a)
3
Omit "commitment", substitute "allegiance".
4
97 Sections 26 to 28
5
Repeal the sections.
6
98 Section 28A
7
Omit:
8
•
national security: see subsections 30(4) to (7).
9
You will be registered if the Minister approves you becoming an
10
Australian citizen again.
11
substitute:
12
•
national security: see subsections 30(4) to (7); or
13
•
offences: see subsection 30(8); or
14
•
the timing of cessation of citizenship: see subsection 30(9).
15
You may be required to make a pledge of allegiance before you
16
become an Australian citizen.
17
99 After section 28A
18
Insert:
19
28B Requirements for becoming a citizen
20
A person becomes an Australian citizen under this Subdivision if:
21
(a) the Minister decides under subsection 30(1) to approve the
22
person becoming an Australian citizen; and
23
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Australian Citizenship Legislation Amendment (Strengthening the
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(b) if the person is required to make a pledge of allegiance to
1
become an Australian citizen--the person makes that pledge.
2
Note:
Sections 30 and 30A deal with the Minister approving the person
3
becoming an Australian citizen. Subdivision D deals with the making
4
of a pledge of allegiance and the day citizenship begins.
5
100 Paragraph 29(2)(b)
6
Omit "if the person is aged 18 or over at the time the person made the
7
application--".
8
101 Subsection 29(2) (note 2)
9
Omit "section 34, 34A or 35", substitute "section 33A, 34, 34AA or
10
34A".
11
102 Paragraph 29(3)(b)
12
Omit "if the person is aged 18 or over at the time the person made the
13
application--".
14
103 At the end of section 30
15
Add:
16
Offences
17
(8) The Minister must not approve the person becoming an Australian
18
citizen again at a time:
19
(a) when proceedings for an offence against an Australian law
20
(including proceedings by way of appeal or review) are
21
pending in relation to the person; or
22
(b) when the person is confined to a prison in Australia; or
23
(c) during the period of 2 years after the end of any period
24
during which the person has been confined to a prison in
25
Australia because of the imposition on the person of a serious
26
prison sentence; or
27
(d) if the person is a serious repeat offender in relation to a
28
serious prison sentence--during the period of 10 years after
29
the end of any period during which the person has been
30
confined to a prison in Australia because of the imposition of
31
that sentence; or
32
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(e) if the person has been released from serving the whole or a
1
part of a sentence of imprisonment on parole or licence--
2
during any period during which action can be taken under an
3
Australian law to require the person to serve the whole or a
4
part of that sentence; or
5
(f) if the person:
6
(i) has been released by a court from serving the whole or a
7
part of a sentence of imprisonment; and
8
(ii) has been so released subject to conditions relating to the
9
person's behaviour;
10
during any period during which action can be taken against
11
the person under an Australian law because of a breach of
12
any of those conditions; or
13
(g) if, in respect of proceedings for an offence against an
14
Australian law in relation to the person, a court releases the
15
person subject to conditions relating to the person's
16
behaviour--during any period during which action can be
17
taken against the person under an Australian law because of a
18
breach of any of those conditions; or
19
(h) during any period during which the person is confined in a
20
mental health care facility by order of a court made in
21
connection with proceedings for an offence against an
22
Australian law in relation to the person; or
23
(i) when the person is subject to an order of a court for home
24
detention, where the order was made in connection with
25
proceedings for an offence against an Australian law in
26
relation to the person; or
27
(j) when the person is subject to an order of a court requiring the
28
person to participate in:
29
(i) a residential drug rehabilitation scheme; or
30
(ii) a residential program for persons with a mental illness;
31
or
32
(iii) any other residential scheme or program;
33
where the order was made in connection with proceedings for
34
an offence against an Australian law in relation to the person.
35
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Australian Citizenship Legislation Amendment (Strengthening the
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2017
No. , 2017
Cessation of citizenship
1
(9) The Minister must not approve the person becoming an Australian
2
citizen again during the period of 12 months starting on the day on
3
which the person ceased, or last ceased, to be an Australian citizen.
4
104 After section 30
5
Insert:
6
30A Cancellation of section 30 approval by Minister
7
Mandatory cancellation
8
(1) The Minister must, by writing, cancel an approval given to a
9
person under section 30 if:
10
(a) the person has not become an Australian citizen under
11
section 32AD; and
12
(b) assuming that the Minister were considering the person's
13
application to become an Australian citizen at the time of the
14
proposed cancellation, the Minister is satisfied that the person
15
would not be given an approval under section 30 because of
16
subsection 30(3), (4) or (5).
17
Discretionary cancellation--person would no longer be given
18
approval
19
(2) The Minister may, by writing, cancel an approval given to a person
20
under section 30 if:
21
(a) the person has not become an Australian citizen under
22
section 32AD; and
23
(b) assuming that the Minister were considering the person's
24
application to become an Australian citizen at the time of the
25
proposed cancellation, the Minister is satisfied that the person
26
would not be given an approval under section 30 (other than
27
because of subsection 30(3), (4) or (5)).
28
Discretionary cancellation--failure to make a pledge of allegiance
29
(3) The Minister may, by writing, cancel an approval given to a person
30
under section 30 if:
31
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33
(a) the person has not become an Australian citizen under
1
section 32AD; and
2
(b) the person has failed to make a pledge of allegiance within 12
3
months after the day on which the person received notice of
4
the approval; and
5
(c) the person's reason for the failure is not one that is prescribed
6
by the regulations for the purposes of this paragraph.
7
105 Section 31
8
Repeal the section.
9
106 Section 32 (heading)
10
Repeal the heading, substitute:
11
32 Same kind of citizenship
12
107 Subsection 32(1)
13
Repeal the subsection.
14
108 At the end of Division 2 of Part 2
15
Add:
16
Subdivision D--Pledge of allegiance and day citizenship begins
17
for certain persons
18
32AA Simplified outline
19
Generally, persons aged 16 or more must make a pledge of
20
allegiance to become an Australian citizen under this Division.
21
This Subdivision sets out the rules relating to pledges of allegiance
22
and the day citizenship begins for persons under this Division.
23
32AB Pledge of allegiance must be made
24
(1) A person must make a pledge of allegiance to become an
25
Australian citizen under this Division unless the person:
26
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34
Australian Citizenship Legislation Amendment (Strengthening the
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No. , 2017
(a) is aged under 16 at the time the person made the application
1
to become an Australian citizen; or
2
(b) has a permanent or enduring physical or mental incapacity
3
that means that the person is not capable of making the
4
pledge in accordance with section 32AC.
5
Note:
See section 32AC for how the pledge is to be made.
6
(2) A person must not make a pledge of allegiance before the Minister
7
approves the person's application to become an Australian citizen.
8
A pledge of allegiance made by the person before that time is of no
9
effect.
10
Delayed making of pledge
11
(3) If the person is required to make a pledge of allegiance and has not
12
done so, the Minister may determine, in writing, that the person
13
cannot make the pledge until the end of a specified period if:
14
(a) the Minister is satisfied that a visa held by the person may be
15
cancelled under the Migration Act 1958 (whether or not the
16
person has been given any notice to that effect); or
17
(b) the Minister is satisfied that the person has been or may be
18
charged with an offence under an Australian law; or
19
(c) the Minister is considering cancelling the approval given to
20
the person under this Division and the Minister is considering
21
doing so under:
22
(i) subsection 17A(1), 19DA(1), 25(1A) or 30A(1); or
23
(ii) subsection 17A(2), 19DA(2), 30A(2), or
24
subsection 25(1) because of the application of
25
subsection 25(2).
26
(4) The Minister must not specify a period that exceeds, or periods that
27
in total exceed, 2 years.
28
(5) The Minister may, by writing, revoke a determination.
29
(6) If a determination is in force in relation to a person, the person
30
must not make a pledge of allegiance before the end of the period
31
specified in the determination. A pledge of allegiance made by the
32
person before that time is of no effect.
33
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Australian Citizenship Legislation Amendment (Strengthening the
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35
32AC How pledge of allegiance is to be made
1
Form of pledge
2
(1) A pledge of allegiance must be made in accordance with either of
3
the forms set out in Schedule 1.
4
Prescribed arrangements
5
(2) A pledge of allegiance must be made in accordance with the
6
arrangements prescribed by the regulations.
7
Note:
The regulations may provide for a pledge of allegiance to be made in
8
public.
9
Persons who may receive pledge
10
(3) A pledge of allegiance must be made before:
11
(a) the Minister; or
12
(b) a person authorised under subsection (4); or
13
(c) a person who is included in a class of persons authorised
14
under subsection (5).
15
(4) The Minister may, by writing, authorise a person for the purposes
16
of paragraph (3)(b).
17
(5) The Minister may, by legislative instrument, authorise a class of
18
persons for the purposes of paragraph (3)(c).
19
32AD Day citizenship begins etc.
20
Persons required to make pledge of allegiance
21
(1) A person required under section 32AB to make a pledge of
22
allegiance becomes an Australian citizen under the relevant
23
Subdivision on the day on which the person makes the pledge in
24
accordance with the arrangements (if any) prescribed for the
25
purposes of subsection 32AC(2).
26
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Part 1 Amendments
36
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
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No. , 2017
Persons not required to make pledge of allegiance
1
(2) Subject to subsection (3), a person not required to make a pledge of
2
allegiance under section 32AB becomes an Australian citizen
3
under the relevant Subdivision on the day on which the Minister
4
approves the person becoming an Australian citizen.
5
Applications made at the same time by child and responsible
6
parents
7
(3) Subsection (2) does not apply to a child aged under 16 at the time
8
the child made the application under the relevant Subdivision to
9
become an Australian citizen if:
10
(a) one or more responsible parents of the child made
11
applications under the Subdivision at that time; and
12
(b) the Minister decided under the Subdivision to approve the
13
child and one or more of the responsible parents becoming
14
Australian citizens.
15
(4) If one or more of the responsible parents of the child become
16
Australian citizens under this section, the child becomes an
17
Australian citizen on the first day on which a responsible parent of
18
the child becomes an Australian citizen.
19
109 Section 32A
20
Omit "5 ways", substitute "4 ways".
21
110 Section 32A
22
Omit:
23
•
if you did not automatically become an Australian citizen, the
24
Minister can revoke your citizenship in circumstances
25
involving offences or fraud: see section 34; or
26
•
if you did not automatically become an Australian citizen and
27
the Minister exercised the power under subsection 22A(1A) or
28
22B(1A), the Minister can revoke your citizenship in
29
circumstances involving a failure to comply with special
30
residence requirements: see section 34A; or
31
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Amendments Part 1
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
37
substitute:
1
•
if you did not automatically become an Australian citizen, the
2
Minister can revoke your citizenship in certain circumstances
3
(for example, where there has been fraud or misrepresentation
4
or where you have committed certain offences): see
5
sections 33A to 34A; or
6
111 After section 33
7
Insert:
8
33A Revocation by Minister--approval should not have been given
9
for citizenship by descent
10
(1) The Minister may, by writing, revoke a person's Australian
11
citizenship if:
12
(a) the person is an Australian citizen under Subdivision A of
13
Division 2 because of an approval under section 17; and
14
(b) the Minister is satisfied that the approval should not have
15
been given.
16
(2) However, the Minister must not decide under subsection (1) to
17
revoke a person's Australian citizenship if the Minister is satisfied
18
that the person would, if the Minister were to revoke the person's
19
Australian citizenship, become a person who is not a national or
20
citizen of any country.
21
Time citizenship ceases
22
(3) If the Minister revokes a person's Australian citizenship, the
23
person ceases to be an Australian citizen at the time of the
24
revocation.
25
Note:
A child of the person may also cease to be an Australian citizen: see
26
section 36.
27
112 Section 34 (heading)
28
Repeal the heading, substitute:
29
Schedule 1 Amendments
Part 1 Amendments
38
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
34 Revocation by Minister--convictions for fraud or
1
misrepresentation etc.
2
113 After section 34
3
Insert:
4
34AA Revocation by Minister--other cases of fraud or
5
misrepresentation
6
(1) The Minister may, by writing, revoke a person's Australian
7
citizenship if:
8
(a) the person is an Australian citizen under Subdivision A, AA
9
or B of Division 2 (including because of the operation of
10
section 32); and
11
(b) the Minister is satisfied that the person obtained the
12
Minister's approval to become an Australian citizen as a
13
result of fraud, or misrepresentation, connected with:
14
(i) the Minister approving the person becoming an
15
Australian citizen; or
16
(ii) the person's entry into Australia before the Minister
17
gave the approval; or
18
(iii) the grant to the person, before the Minister gave the
19
approval, of a visa or of a permission to enter and
20
remain in Australia; and
21
(c) the Minister is satisfied that it would be contrary to the public
22
interest for the person to remain an Australian citizen.
23
(2) The fraud or misrepresentation:
24
(a) may have been committed by any person; and
25
(b) need not have constituted an offence, or part of an offence,
26
by any person.
27
(3) However, the fraud or misrepresentation must have occurred
28
during the period of 10 years before the day of the revocation.
29
(4) Without limiting subsection (1), the concealment of material
30
circumstances constitutes a misrepresentation for the purposes of
31
that subsection.
32
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Amendments Part 1
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
39
Time citizenship ceases
1
(5) If the Minister revokes a person's Australian citizenship, the
2
person ceases to be an Australian citizen at the time of the
3
revocation.
4
Note:
A child of the person may also cease to be an Australian citizen: see
5
section 36.
6
114 Paragraph 36(1)(a)
7
Omit "section 33, 34 or 34A", substitute "section 33, 33A, 34, 34AA or
8
34A".
9
115 Paragraph 38(1)(a)
10
Omit "section 34 or 34A", substitute "section 33A, 34, 34AA, 34A or
11
36".
12
116 At the end of subsection 46(1)
13
Add:
14
; and (e) be a valid application.
15
117 Before subsection 46(1A)
16
Insert:
17
Fees for sitting tests
18
118 After subsection 46(1A)
19
Insert:
20
When an application is invalid
21
(1B) Without limiting when an application is invalid, an application
22
made by a person is invalid:
23
(a) if all of the following apply:
24
(i) the regulations or any other instrument made under this
25
Act require information or a document to accompany an
26
application;
27
(ii) the regulations or instrument determine that an
28
application is invalid under this subsection if the
29
Schedule 1 Amendments
Part 1 Amendments
40
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
information or document does not accompany the
1
application in accordance with the regulations or
2
instrument;
3
(iii) the information or document does not accompany the
4
application in accordance with the regulations or
5
instrument; or
6
(b) if an Australian Values Statement determined under
7
subsection (5) does not accompany the application in
8
accordance with the determination under that subsection; or
9
(c) in any other circumstances prescribed by the regulations for
10
the purposes of this paragraph.
11
119 At the end of section 46
12
Add:
13
Required information or documents
14
(4) Without limiting paragraph (1)(c), the regulations may determine
15
any one or more of the following:
16
(a) without limiting subsection 33(3A) of the Acts Interpretation
17
Act 1901, that information or a document prescribed for the
18
purposes of paragraph (1)(c) must accompany all applications
19
or applications of a particular kind;
20
(b) any requirements relating to information or a document
21
prescribed for the purposes of paragraph (1)(c);
22
(c) that an application is invalid under subsection (1B) if
23
information or a document prescribed for the purposes of
24
paragraph (1)(c) does not accompany the application in
25
accordance with the regulations.
26
(5) The Minister may determine:
27
(a) an Australian Values Statement; and
28
(b) any requirements relating to the Australian Values Statement.
29
(6) A determination made under subsection (5) is a legislative
30
instrument, but section 42 (disallowance) of the Legislation Act
31
2003 does not apply to the determination.
32
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Amendments Part 1
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
41
120 After subsection 47(3)
1
Insert:
2
Decisions made by the Minister personally
3
(3A) If the decision is made by the Minister personally, the notice may
4
include a statement that the Minister is satisfied that the decision
5
was made in the public interest.
6
121 Paragraphs 52(1)(a) to (d)
7
Repeal the paragraphs, substitute:
8
(a) a decision under section 17, 19D, 24 or 30 to refuse to
9
approve a person becoming an Australian citizen;
10
(b) a decision under section 17A, 19DA, 25 or 30A to cancel an
11
approval given to a person under Division 2 of Part 2;
12
122 Paragraph 52(1)(f)
13
Omit "section 34", substitute "section 33A, 34 or 34AA".
14
123 After subsection 52(2)
15
Insert:
16
(2A) If the Minister makes a decision under section 24 to refuse to
17
approve a person becoming an Australian citizen under
18
subsection 21(5), the person cannot apply for review of that
19
decision unless:
20
(a) the person is a permanent resident; or
21
(b) the person holds a permanent visa of a kind determined in an
22
instrument under subsection 3(2).
23
124 Subsection 52(3)
24
Omit "of a kind referred to in paragraph (1)(b)", substitute "under
25
section 24 to refuse to approve a person becoming an Australian
26
citizen".
27
125 Paragraph 52(3)(a)
28
After "power under subsection", insert "22AA(1),".
29
Schedule 1 Amendments
Part 1 Amendments
42
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
126 At the end of section 52
1
Add:
2
Decisions not reviewable
3
(4) Subsection (1) does not apply to a decision made by the Minister
4
personally, where the notice under section 47 included a statement
5
that the Minister is satisfied that the decision was made in the
6
public interest.
7
Note:
See also section 52B (about tabling a statement in Parliament).
8
127 After section 52
9
Insert:
10
52A Minister may in the public interest set aside certain decisions of
11
the Administrative Appeals Tribunal
12
(1) If:
13
(a) a delegate of the Minister makes one of the following
14
decisions:
15
(i) a decision under section 17, 19D, 24 or 30 to refuse to
16
approve a person becoming an Australian citizen;
17
(ii) a decision under section 17A, 19DA, 25 or 30A to
18
cancel an approval given to a person under Division 2 of
19
Part 2; and
20
(b) the delegate made the decision because the delegate was not
21
satisfied that the person was of good character at the time of
22
the decision or was not satisfied of the identity of the person;
23
and
24
(c) the person applied to the Administrative Appeals Tribunal for
25
review of the decision; and
26
(d) on that review the Tribunal made a decision of the kind
27
referred to in paragraph 43(1)(c) of the Administrative
28
Appeals Tribunal Act 1975 (about setting aside the decision
29
under review); and
30
(e) the person has not become an Australian citizen;
31
then, if the Minister is satisfied that it is in the public interest to do
32
so, the Minister may make a decision setting aside the Tribunal's
33
Amendments Schedule 1
Amendments Part 1
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
43
decision and make a decision of the kind referred to in
1
paragraph (a).
2
Note:
See also section 52B (about tabling a statement in Parliament).
3
(2) The power under subsection (1) may only be exercised by the
4
Minister personally.
5
52B Tabling statement in Parliament
6
Decisions not reviewable by Administrative Appeals Tribunal
7
(1) If the Minister makes a decision that is not reviewable by the
8
Administrative Appeals Tribunal because of subsection 52(4), the
9
Minister must cause to be tabled in each House of the Parliament,
10
within 15 sitting days of that House after the day the Minister
11
makes the decision, a statement that:
12
(a) sets out the Minister's decision; and
13
(b) sets out the reasons for the Minister's decision.
14
(2) However, a statement under subsection (1) is not to include the
15
name of the person affected by the decision.
16
Decisions setting aside Administrative Appeals Tribunal decisions
17
(3) If the Minister makes a decision under subsection 52A(1) to set
18
aside a decision of the Administrative Appeals Tribunal, the
19
Minister must cause to be tabled in each House of the Parliament,
20
within 15 sitting days of that House after the day the Minister
21
makes the decision, a statement that:
22
(a) sets out the Tribunal's decision; and
23
(b) states that the Minister has set aside the Tribunal's decision;
24
and
25
(c) sets out the decision made by the Minister in connection with
26
the decision to set aside the Tribunal's decision; and
27
(d) sets out the reasons for the Minister's decision to set aside the
28
Tribunal's decision.
29
(4) However, a statement under subsection (3) is not to include the
30
name of the person affected by the Minister's decisions.
31
Schedule 1 Amendments
Part 1 Amendments
44
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
128 After section 53
1
Insert:
2
53A Use and disclosure of personal information
3
Use
4
(1) The Minister, the Secretary or an APS employee in the Department
5
may use personal information obtained under the Migration Act
6
1958, or the regulations under that Act, for the purposes of this Act
7
or the regulations under this Act.
8
(2) A person to whom personal information is disclosed under
9
subsection 488C(3) of the Migration Act 1958 may use that
10
information for the purposes of this Act or the regulations under
11
this Act.
12
Disclosure
13
(3) The Minister, the Secretary or an APS employee in the Department
14
may disclose personal information obtained under this Act, or the
15
regulations under this Act, to the Minister, the Secretary or an
16
officer (within the meaning of the Migration Act 1958) for the
17
purposes of that Act or the regulations under that Act.
18
Definitions
19
(4) In this section:
20
personal information has the same meaning as in the Privacy Act
21
1988.
22
Secretary means the Secretary of the Department.
23
129 Section 54
24
Before "The", insert "(1)".
25
130 At the end of section 54
26
Add:
27
Amendments Schedule 1
Amendments Part 1
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
45
(2) Without limiting subsection (1), the regulations may confer on the
1
Minister the power to make legislative instruments.
2
131 Schedule 1 (heading)
3
Repeal the heading, substitute:
4
Schedule 1--Pledge of allegiance as a citizen
5
of the Commonwealth of Australia
6
132 Schedule 1 (note to Schedule heading)
7
Omit "section 27", substitute "section 32AC".
8
133 Schedule 1
9
Omit "loyalty to Australia and its people, whose" (wherever occurring),
10
substitute "allegiance to Australia and its people, whose values and".
11
Migration Act 1958
12
134 After section 488B
13
Insert:
14
488C Use and disclosure of citizenship information
15
Use
16
(1) The Minister, the Secretary or an officer may use personal
17
information obtained under the Australian Citizenship Act 2007, or
18
the regulations under that Act, for the purposes of this Act or the
19
regulations under this Act.
20
(2) A person to whom personal information is disclosed under
21
subsection 53A(3) of the Australian Citizenship Act 2007 may use
22
that information for the purposes of this Act or the regulations
23
under this Act.
24
Schedule 1 Amendments
Part 1 Amendments
46
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
Disclosure
1
(3) The Minister, the Secretary or an officer may disclose personal
2
information obtained under this Act, or the regulations under this
3
Act, to the Minister, the Secretary or an APS employee in the
4
Department for the purposes of the Australian Citizenship Act 2007
5
or the regulations under that Act.
6
(4) However, subsection (3) does not override section 488.
7
Note:
Section 488 prohibits the disclosure etc. of movement records except
8
in limited circumstances.
9
Amendments Schedule 1
Application and transitional provisions Part 2
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
47
Part 2--Application and transitional provisions
1
135 Automatic acquisition of Australian citizenship
2
Parent entitled to privileges and immunities
3
(1)
Subsection 12(3) of the Australian Citizenship Act 2007, as inserted by
4
this Act, applies in relation to births that occur on or after the
5
commencement of this item.
6
Unlawful non-citizens and no visas
7
(2)
Subsections 12(4), (5) and (6) of the Australian Citizenship Act 2007, as
8
inserted by this Act, apply in relation to a 10-year period referred to in
9
paragraph 12(1)(b) of that Act that ends on or after the commencement
10
of this item (whether the birth occurred before, on or after that
11
commencement).
12
(3)
To avoid doubt, for the purposes of subitem (2), in relation to a birth
13
that occurs before the commencement of this item, subsections 12(4),
14
(5) and (6) of the Australian Citizenship Act 2007, as inserted by this
15
Act, apply in relation to any part of the 10-year period (whether that
16
part occurs before, on or after that commencement).
17
Status of parent
18
(4)
Subsection 12(7) of the Australian Citizenship Act 2007, as inserted by
19
this Act, applies in relation to births in, and entries into Australia, that
20
occur on or after the commencement of this item.
21
Abandoned children
22
(5)
Subsections 12(8) and (9) of the Australian Citizenship Act 2007, as
23
inserted by this Act, apply in relation to persons found abandoned in
24
Australia as a child on or after the commencement of this item.
25
Citizenship by adoption and abandoned children
26
(6)
The amendment of section 13 of the Australian Citizenship Act 2007
27
made by this Act applies in relation to adoption processes beginning on
28
or after the commencement of this item.
29
Schedule 1 Amendments
Part 2 Application and transitional provisions
48
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
(7)
The repeal of section 14 of the Australian Citizenship Act 2007 by this
1
Act applies in relation to persons found abandoned in Australia as a
2
child on or after the commencement of this item.
3
136 Pledge of allegiance
4
(1)
The following apply (subject to subitem (2)) in relation to applications
5
made under Division 2 of Part 2 of the Australian Citizenship Act 2007
6
on or after 20 April 2017:
7
(a) sections 15B, 19BA and 28B, subsections 17A(3), 19DA(3)
8
and 30A(3), and Subdivision D of Division 2 of Part 2, of the
9
Australian Citizenship Act 2007, as inserted by this Act;
10
(b) the repeal of sections 18, 19, 19E, 19F, 26 to 28 and 31, and
11
subsection 32(1), of that Act by this Act;
12
(c) the amendments of Schedule 1 to that Act made by this Act.
13
(2)
To the extent that paragraph 32AB(3)(c) of the Australian Citizenship
14
Act 2007, as inserted by this Act, applies to approvals given under
15
section 24 of that Act, that paragraph applies in relation to approvals
16
given before, on or after 20 April 2017.
17
Transitional instruments
18
(3)
An instrument that is in force immediately before the commencement of
19
this item under a provision of the Australian Citizenship Act 2007
20
mentioned in column 1 of any of the following table items is taken, after
21
that commencement, to be in force under the provision mentioned in
22
column 2 of that table item.
23
24
Transitional instruments
Item
Column 1
Old provision of the Australian
Citizenship Act 2007
Column 2
New provision of the Australian
Citizenship Act 2007
1
Subsection 26(3)
Subsection 32AB(3)
2
Subsection 27(4)
Subsection 32AC(4)
3
Subsection 27(5)
Subsection 32AC(5)
(4)
A reference in the instrument to the pledge of commitment is taken,
25
after that commencement, to be a reference to the pledge of allegiance.
26
Amendments Schedule 1
Application and transitional provisions Part 2
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
49
137 Acquisition of Australian citizenship by application
1
Descent
2
(1)
The amendments of sections 16 and 17 of the Australian Citizenship Act
3
2007 made by this Act apply in relation to applications made under
4
section 16 of that Act on or after the commencement of this item.
5
(2)
The repeal of section 19A of the Australian Citizenship Act 2007 by this
6
Act, and section 33A of that Act as inserted by this Act, apply in
7
relation to approvals given under section 17 of that Act on or after the
8
commencement of this item.
9
Hague Convention etc.
10
(3)
The amendments of sections 19C and 19D of the Australian Citizenship
11
Act 2007 made by this Act apply in relation to applications made under
12
section 19C of that Act on or after the commencement of this item.
13
Citizenship by conferral
14
(4)
The following apply in relation to applications made under section 21 of
15
the Australian Citizenship Act 2007 on or after the commencement of
16
this item:
17
(a) the amendments of paragraphs 21(5)(b) and (c) and
18
subsections 21(6), 22A(1) and 22B(1), and section 24 (except
19
subsection 24(5)), of the Australian Citizenship Act 2007
20
made by this Act;
21
(b) section 22AA of that Act, as inserted by this Act.
22
(5)
Subsections 22(3) and (4), 22A(5A) and 22B(5A) of the Australian
23
Citizenship Act 2007, as inserted by this Act, apply in relation to:
24
(a) applications made under section 21 of that Act on or after the
25
commencement of this item; and
26
(b) applications made under that section before that
27
commencement and not decided by the Minister before that
28
commencement.
29
(6)
The following apply in relation to applications made under section 21 of
30
that Act on or after 20 April 2017:
31
Schedule 1 Amendments
Part 2 Application and transitional provisions
50
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
No. , 2017
(a) the amendments of sections 21 (except paragraphs 21(5)(b)
1
and (c) and subsection 21(6)), 22 (except subsections 22(3)
2
and (4)) and 23A of the Australian Citizenship Act 2007
3
made by this Act;
4
(b) the amendments of subsections 22A(1A) and 22B(1A) and
5
24(5) of that Act made by this Act.
6
Note:
Section 22 of the Australian Citizenship Act 2007, as in force immediately before the
7
commencement of Part 1 of this Schedule, applies in relation to applications made by
8
certain New Zealand citizens on or after 20 April 2017 (see subsection 22(11) of that
9
Act).
10
Cancellation of approval of citizenship
11
(7)
The following apply in relation to approvals given under Division 2 of
12
Part 2 of the Australian Citizenship Act 2007 before, on or after the
13
commencement of this item:
14
(a) amendments of sections 25 and 52 of that Act made by this
15
Act;
16
(b) subsections 17A(1) and (2), 19DA(1) and (2) and 30A(1) and
17
(2) of that Act, as inserted by this Act.
18
Citizenship by resumption
19
(8)
The amendments of sections 29 and 30 of the Australian Citizenship Act
20
2007 made by this Act apply in relation to applications made under
21
section 29 of that Act on or after the commencement of this item.
22
138 Revocation of citizenship
23
Section 34AA of the Australian Citizenship Act 2007, as inserted by this
24
Act, applies in relation to approvals to become an Australian citizen that
25
are given on or after the commencement of this item, whether the fraud
26
or misrepresentation occurred before, on or after that commencement.
27
139 Application requirements
28
The amendments of section 46 of the Australian Citizenship Act 2007
29
made by this Act apply in relation to applications made under that Act
30
on or after 20 April 2017.
31
Amendments Schedule 1
Application and transitional provisions Part 2
No. , 2017
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill
2017
51
140 Notification and review
1
(1)
The amendments of sections 47 and 52 (except the amendment of
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subsection 52(1)) of the Australian Citizenship Act 2007 made by this
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Act apply in relation to decisions made on or after the commencement
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of this item.
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(2)
Section 52A of the Australian Citizenship Act 2007, as inserted by this
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Act, applies in relation to decisions made by the Administrative
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Appeals Tribunal on or after the commencement of this item (whether
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the decisions of the delegate of the Minister were made before, on or
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after that commencement).
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141 Personal information
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Subsections 53A(1) and (3) of the Australian Citizenship Act 2007, as
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inserted by this Act, apply in relation to personal information obtained
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before, on or after the commencement of this item.
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142 Saving of regulations
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Regulations in force under section 54 of the Australian Citizenship Act
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2007 immediately before the commencement of this item continue in
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force on and after that commencement as if they were regulations in
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force under subsection 54(1) of that Act.
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143 Amendments of the Migration Act 1958
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Subsections 488C(1) and (3) of the Migration Act 1958, as inserted by
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this Act, apply in relation to personal information obtained before, on or
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after the commencement of this item.
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