(ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen. 51 Geographical jurisdiction for offences. Amending laws are annotated in the legislation history and amendment history. means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954 [1974] ATS 20. : without limiting who is a stepchild of a person for the purposes of this Act, someone is the, (i) the person was an Australian citizen under the, (2) If, under this Act, it is necessary to work out if a person was an Australian citizen at a time before the commencement day, work that out under the, (1) For the purposes of this Act, a person is a, (3) If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the, (a) the person is a parent of the child except where, because of orders made under the, has the same meaning as in Part VII of the, (2) Expressions used in paragraphs (1)(b) and (c) have the same meaning as in the, is a national security offence for the purposes of paragraph (f) of the definition of, Children born on ships or aircraft or after death of parent, Children born as a result of artificial conception procedures or surrogacy arrangements, (a) a child of a person under section 60H or 60HB of the, (f) any other identifier prescribed by the regulations (except an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the, (a) obtaining the identifier would not involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the, Automatic acquisition of Australian citizenship, Citizenship by incorporation of Territory, (4) Subsection 12(2) (retrospective application of legislative instruments) of the, Acquisition of Australian citizenship by application, Application and eligibility for citizenship, (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the, When a person does not become a citizen despite the Minister’s approval, Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement, (ii) 2 persons jointly, only one of whom (the, (iii) 2 persons jointly, both of whom (the. • Permanent residents do not have the privilege to apply for work in the public sector and the Australian Defence Force. (11) Except for the powers of the Minister under subsection (1), the rules of natural justice do not apply in relation to the powers of the Minister under this section. (ii) whether the Minister has rescinded the notice and exempted the person to whom the notice related from the effect of the section in relation to the matters that were the basis for the notice; (b) for an event mentioned in paragraph (1)(b): (i) the matters that are the basis for the determination under subsection 35A(1) to which the notice relates; (ii) whether the Minister has revoked under subsection 35A(8) the determination to which the notice relates; and. Note 2: A person who ceases to be an Australian citizen under section 34, 34A or 35 may apply to become an Australian citizen again under Subdivision A, AA or B. has the same meaning as in subsection 5(1) of the, : without limiting who is a child of a person for the purposes of this Act, each of the following is the, (b) someone who is a child of the person within the meaning of the. (12) Section 47 does not apply in relation to the exercise of the powers of the Minister under this section. (3) However, the Minister must not decide under subsection (2) to revoke a person’s Australian citizenship if: (a) the Minister may revoke the person’s Australian citizenship under that subsection only because of the application of subparagraph (2)(b)(ii); and. (b) the person fails to destroy the identifying information as soon as practicable after the person is no longer required under the Archives Act 1983 to keep the identifying information. (b) to all persons, irrespective of their nationality or citizenship. (6) For the purposes of this section, a person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud if and only if: (a) at any time, the person was convicted of an offence against: (i) section 234, 236 or 243, or former section 244 (as in force before its repeal by the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008), of the Migration Act 1958; or. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. We pay our respects to all Aboriginal and Torres Strait Islander peoples, their cultures and to their elders past, present and emerging. (7) A person is eligible to become an Australian citizen if the Minister is satisfied that: (a) the person was born in Papua before 16 September 1975; and, (b) a parent of the person was born in Australia (within the meaning of this Act at the time the person made the application); and, (c) the parent was an Australian citizen at the time of the person’s birth; and. AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 34 Revocation by Minister--offences or fraud. (2) The Minister may, by legislative instrument, determine that specified classes of persons are Australian citizens from a specified day because of their connection with that territory. unlawful non‑citizen has the same meaning as in the Migration Act 1958. visa has the same meaning as in the Migration Act 1958. You must be eligible to be an Australian citizen again to be approved. (3) It is the intention of the Parliament that this Act apply to the exclusion of any provisions of a law of a State or Territory that provide for Australian citizenship (whether the law was made before or after the commencement day). (b) the total period of the absence or absences was not more than 12 months; then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence. (7) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen. (6) A person is eligible to become an Australian citizen if the Minister is satisfied that: (a) the person was born outside Australia; and, (b) a parent of the person was not an Australian citizen at the time of the person’s birth; and, (c) the parent had ceased to be an Australian citizen under section 17 of the old Act (about dual citizenship) before that time; and. Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code). (b) an offence against an Australian law or a foreign law involving specified conduct; is a national security offence for the purposes of paragraph (f) of the definition of national security offence in section 3. (9) A reference in this section to a conviction of an offence: (a) in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; and. 22C Special residence requirement—legislative instruments. , when used in a geographical sense, includes the external Territories. (b) the Minister is satisfied that the applicant satisfies: (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or, (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or, (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and, (c) the applicant was a permanent resident throughout the period of 90 days immediately before the day the applicant made the application; and, (d) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the applicant made the application; and. (2) A pledge of commitment must be made in accordance with the arrangements prescribed by the regulations. (c) for an event mentioned in paragraph (1)(c)—the matters that are the basis for the determination. 67, 2018, Registered: 16 January 2019. (4) The following persons are covered by this subsection: (c) an APS employee in the Department whose duties include making decisions, or assisting in making decisions, in relation to Australian citizenship. The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or. (ii) if subparagraph (i) does not apply—the person is taken to have been sentenced to imprisonment in respect of the offence against the provision mentioned in paragraph (1)(a) for the whole of the total period of imprisonment. (13) Subsections (14) to (19) apply only if a person has renounced his or her citizenship under this section. 22B Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia. 8 Children born as a result of artificial conception procedures or surrogacy arrangements, (a) a child of a person under section 60H or 60HB of the Family Law Act 1975; and, (i) a child of the person’s spouse or de facto partner under that section; or. (a) the person is covered by subsection 21(2), (3) or (4); and, (aa) the Minister is satisfied that the person did not satisfy the special residence requirement referred to in section 22A or 22B; and, (b) the Minister did not apply subsection 22(9) in relation to the person; and. Subdivision A—Obtaining personal identifiers. (2) If the person is a child, the Minister satisfies the requirement in subsection (1) if the Minister gives a parent of the child notice of the decision. (b) is opposed to Australia, or to Australia’s interests, values, democratic beliefs, rights or liberties, so that if a person were to fight for or be in the service of such an organisation the person would be acting inconsistently with their allegiance to Australia. The day on which this Act receives the Royal Assent. Note 2: The person may also apply to become an Australian citizen again under Subdivision A, AA or B. (3) The regulations may make provision for and in relation to the remission, refund or waiver of any fees of a kind referred to in paragraph (1)(d). Veterans’ Entitlements Act 1986. (23) An instrument exercising any of the Minister’s powers under this section is not a legislative instrument. (d) the substituted decision is more favourable to the applicant. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Evidence that a person is an Australian citizen. (c) no appeal, or further appeal, can be made to a court in relation to that decision. It will not be expanded to deal with provisions inserted in this Act after assent. Person who has completed relevant defence service. (d) for each notice given or attempted to be given under paragraph 35A(5)(a)—a brief statement of the matters that are the basis for the determination under subsection 35A(1) to which the notice relates. (14) If the Minister thinks that it would not be in the public interest to publish the name of the person or of any other person connected in any way with the matter concerned, the statement under subsection (13) must not include those names or any information that may identify those persons. A person born outside Australia on or after the twenty-sixth day of January, One thousand nine hundred and forty-nine, is an Australian citizen by descent if— (a) in the case of a person born in wedlock—at the time of the birth, his father or mother was an Australian citizen; or (4) The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the person. If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. A British subject born overseas to an Australian father before 26 January 1949. (3) The power under subsection (1) may only be exercised by the Minister personally. Note: A person may seek review of the basis on which a notice under this subsection was given in the High Court of Australia under section 75 of the Constitution, or in the Federal Court of Australia under section 39B of the Judiciary Act 1903. (3) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under such an arrangement if: (a) a notice under section 49 relates to the computer program and to the initial decision; and, (b) the notice states that the computer program was not functioning correctly; and, (c) the substituted decision could have been made under the same provision of this Act or the regulations as the initial decision; and. (e) the applicant has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection: (i) the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and, (ii) the applicant will be present in Australia for a total of at least 180 days during that 2‑year period; and. The Department of Home Affairs acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, sea and community. documents that prove you’re a citizen by descent, or. (2) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6) or (7). (9) If the applicant becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the applicant becomes an Australian citizen, a statement that: (a) states that the Minister has exercised the power under subsection (1A); and, (b) states the activity covered by paragraph (1)(a); and. You were adopted outside Australia in accordance with the Hague Convention on Intercountry Adoption or a bilateral agreement; and 4. (2) The Minister may, by writing, authorise a person to issue notices under this section. Note: Section 42 deals with authorised access to identifying information. (b) the person left Australia after engaging in the conduct and, at the time that the person left Australia, the person had not been tried for any offence related to the conduct. (b) if the person was born before 26 January 1949—a parent of the person became an Australian citizen on 26 January 1949. Note: For appointment, enlistment or transfer into any of the Permanent Forces or the Reserves, see the, (6) A determination under subsection (1) may cover any other matter related to the test, during the period of 2 years after the end of any period during which the person has been confined to a prison in Australia because of the imposition on the person of a serious prison sentence; or, (a) a visa held by the person may be cancelled under the, Application and eligibility for resuming citizenship, (4) If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the, you engage in various kinds of conduct inconsistent with allegiance to Australia: see sections 33AA, 35 and 35A; or, (6) Words and expressions used in paragraphs (2)(a) to (h) have the same meanings as in Subdivision A of Division 72, sections 101.1, 101.2, 102.2, 102.4, 103.1 and 103.2 and Division 119 of the, Note: A person may seek review of the basis on which a notice under this subsection was given in the High Court of Australia under section 75 of the Constitution, or in the Federal Court of Australia under section 39B of the, (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the, (5) For the purposes of this section, a person has been, (6) For the purposes of this section, a person obtained the Minister’s approval to become an Australian citizen as a result of, (i) section 234, 236 or 243, or former section 244 (as in force before its repeal by the, (ii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the, (8) For the purposes of this section, a person (the, (a) at any time, another person was convicted of an offence against section 50 of this Act, or section 134.1, 135.2, 135.4, 136.1, 137.1, 137.2, 139.1, 141.1, 142.1, 142.2, 144.1, 145.1, 145.2, 145.4, 145.5 or 149.1 of the, (a) in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the, Revocation by Minister—special residence requirements, Service outside Australia in armed forces of an enemy country or a declared terrorist organisation, (3) The making of a declaration under subsection (1) is taken not to be prescribed administrative action for the purposes of Part IV of the, Sections 33AA and 35 do not apply to conduct of Australian law enforcement or intelligence bodies or in course of certain duties to the Commonwealth, Australian law enforcement or intelligence body.
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