The changes must not change the effect of the law. (4A) For the purposes of paragraph (1)(b), the Minister may treat a period as one in which the person was not present in Australia as an unlawful non‑citizen if the Minister considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period. (b) must authorise access to the document for the purposes of those proceedings. (a) may be instituted even if the seizure notice required to be given under subsection 45B(2) in relation to the document has not yet been given; and. (16) To avoid doubt, in deciding whether to consider exercising the power in subsection (14), the Minister is not required to have regard to any of the matters referred to in subsection (17). (h) the person has declared, in the undertaking, that the person understands the effect of section 34A. (1) A person may make an application to the Minister to renounce the person’s Australian citizenship. (a) the end of 20 sittings days of the House of Representatives after the occurrence of the event; and. Rules about identification are in Division 5 of Part 2. The Minister may approve 1 form for the purposes of that section or may approve 2 different forms. (b) the person fails to comply with the request. (5) The briefing must include details of the following: (a) for an event mentioned in paragraph (1)(a): (i) the matters that are the basis for the notice; and. Check if you are a citizen Note: The regulations may provide for a pledge of commitment to be made in public. (b) if subparagraph (7)(b)(ii) applies to the person—has been convicted of a national security offence. (b) the disclosure is a permitted disclosure within the meaning of section 43; this section does not apply in relation to any modification or impairment of that identifying information by a person who is not an entrusted person. Note: A person may seek review of a determination made under this subsection 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, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation. An Act to amend the Australian Citizenship Act 1948, and for related purposes [Assented to 25 October 1984] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: Short title, &c. 1. 20. The applicant became an Australian citizen on 26 January 1949. 1) 2024, Sch 5 (items 1, 3): 25 Sept 2014 (s 2(1) item 2), Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014, Sch 7 (item 7): never commenced (s 2(1) item 9) Sch 7 (items 8, 9, 11): 4 Nov 2014 (s 2(1) items 10, 11, 13) Sch 7 (item 10): 18 Apr 2015 (s 2(1) item 12), Migration Amendment (Protection and Other Measures) Act 2015, Sch 5 (item 1): 14 Apr 2015 (s 2(1) item 11), Australian Citizenship Amendment (Intercountry Adoption) Act 2015, Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015, Sch 1 (item 43): 5 Mar 2016 (s 2(1) item 2), Defence Legislation Amendment (First Principles) Act 2015, Sch 2 (items 6, 80): 1 July 2016 (s 2(1) item 2), Australian Citizenship Amendment (Allegiance to Australia) Act 2015, Sch 1 and Sch 2 (items 1, 9): 12 Dec 2015 (s 2(1) item 1), Home Affairs and Integrity Agencies Legislation Amendment Act 2018, Sch 2 (items 39, 284): 11 May 2018 (s 2(1) items 3, 7), National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018, Sch 1 (items 27–30: 30 June 2018 (s 2(1) item 2) Sch 2 (item 10): 29 Dec 2018 (s 2(1) item 3). (4) For the purposes of paragraph (3)(d), the period must: (a) start on the date of the notice; and. (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. (a) a disclosure of identifying information is made to a person who is not an entrusted person; and. (g) if the applicant is aged 18 or over at the time the applicant made the application—the Minister is satisfied that the applicant is of good character at the time of the Minister’s decision on the application. The applicant acquired Australian citizenship by being born in Australia: The applicant became an Australian citizen at birth if at least one of the applicant’s parents was an Australian citizen or permanent resident of Australia at the time of the applicant’s birth. A certificate of Australian citizenship is issued at the time of registration. You were born outside of Australia; and 2. (4) The Minister does not have a duty to consider whether to exercise the power under subsection (3) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances. Generally, you become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born. (2) For the purposes of this Act, the status of a parent of a person at the time of the person’s birth is, for a parent who died before the birth, taken to be the status of the parent when the parent died. (6) The Minister must not approve the person renouncing his or her Australian citizenship if the Minister considers that it would not be in the interests of Australia to do so. Note: The Minister may cancel an approval: see section 25. (2) Before declaring that an organisation is a declared terrorist organisation, the Minister must be satisfied on reasonable grounds that the organisation: (i) is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or, (ii) advocates the doing of a terrorist act; and. Papua has the same meaning as the Territory of Papua had in the Papua New Guinea Act 1949 immediately before 16 September 1975. permanent resident has the meaning given by section 5. permanent visa has the same meaning as in the Migration Act 1958. personal identifier has the meaning given by section 10. prison includes any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon the person because of that conviction. (b) if that person is not the owner of the document—the owner; may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction: (d) for a declaration that the document is not forfeited. Application - the applicant lodged an application to become a citizen of the country. (2) A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if: (a) a parent of the person was an Australian citizen at the time of the birth; and. (3) If the person, before ceasing to be an Australian citizen, was an Australian citizen under the provision set out in column 2 of the following table, the person becomes an Australian citizen again under the provision set out in column 3 of the table. (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application. Resuming citizenship is covered by Subdivision C. The Minister must be satisfied of your identity for you to acquire citizenship by application. (7) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person: (a) is a national or citizen of a foreign country immediately before the Minister’s decision on the application; or. Stateless Persons Convention means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954  ATS 20. Sections 26 and 27 deal with the making of a pledge of commitment. (2) The Minister may give the person a notice stating that the person is an Australian citizen at a particular time. One of your parents was an Australian citizen when you were born OR, 3. (2) The Minister may, by legislative instrument, specify organisations for the purposes of paragraph 22A(1)(b). A person becomes an Australian citizen under this Subdivision if: (a) the Minister decides under subsection 24(1) to approve the person becoming an Australian citizen; and. Partial exemption—person born in Australia or former Australian citizen. (1) A pledge of commitment must be made in accordance with either of the forms set out in Schedule 1. (3) If the decision is an adverse decision, the notice must include the reasons for the decision. (5) 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. (2) This Act extends unless the contrary intention appears: (a) to acts, omissions, matters and things outside Australia; and. It is a process in which a non-Australian citizen voluntarily becomes an Australian citizen. (1) The Minister may, by legislative instrument, determine that: (a) an offence against a specified provision of a specified Australian law or a specified foreign law; or. Italian Citizenship is based upon the principle of “jus sanguinis” (blood right) meaning that a child born of an Italian father or mother is an Italian citizen regardless of place of birth. (a) has the same meaning as the Territory of New Guinea had in the Papua New Guinea Act 1949 immediately before 16 September 1975; and. (8) Subsection (1) applies to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth). If your application for Australian citizenship is approved, your photograph, client number, name, date of birth and gender will be provided to DFAT. There are 4 situations in which you can apply for citizenship. Minister may substitute his or her own decision. (c) the person is covered by a determination in force under subsection (2) at that time. (5) If the Minister makes a determination under subsection (1) because of which a person ceases to be an Australian citizen, the Minister: (ii) if the Minister makes a determination under subsection (7)—as soon as practicable after the Minister revokes the subsection (7) determination (if the Minister does so); and. Confer means to give, so citizenship by conferral means to be given citizenship. (10) However, a statement under subsection (9) is not to include the name of the applicant. 67, 2018, Registered: 16 January 2019. (3) A person born outside Australia or New Guinea before 26 January 1949 is eligible to become an Australian citizen if: (a) a parent of the person became an Australian citizen on 26 January 1949; and, (b) the parent was born in Australia or New Guinea or was naturalised in Australia before the person’s birth; and. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. (3) Subsection (2) does not apply to a child aged under 16 at the time the child made the application to become an Australian citizen if: (a) 1 or more responsible parents of the child made applications under section 21 at that time; and. (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. Citizenship by descent is covered by Subdivision A. (b) that country is the country of his or her permanent abode even if he or she is temporarily absent from that country. Special residence requirement—persons engaging in activities that are of benefit to Australia, (1) Subject to this section, for the purposes of section 21 a person (the, (b) the head of an organisation specified under subsection 22C(2), or a person whom the Minister is satisfied holds a senior position, (1B) If the Minister exercises the power under subsection (1A) in relation to the applicant, then, for the purposes of section 21, the applicant is taken to satisfy the, Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia, (1B) If the Minister exercises the power under subsection (1A) in relation to the person, then, for the purposes of section 21, the person is taken to satisfy the, Special residence requirement—legislative instruments, (1) For the purposes of section 21, a person satisfies the, of a person has the same meaning as in the. (g) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 2 years immediately before the day the applicant made the application. 35AB 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. Amending laws are annotated in the legislation history and amendment history. (b) to all persons, irrespective of their nationality or citizenship. You do not become an Australian citizen, even if the Minister approves you becoming an Australian citizen, unless a parent of yours was an Australian citizen at a particular time: see section 19A. (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. (1) A person must make a pledge of commitment to become an Australian citizen unless the person: (a) is aged under 16 at the time the person made the application to become an Australian citizen; or. (1) Subject to this section, for the purposes of section 21 a person satisfies the special residence requirement if: (a) at the time the person made the application, the person is engaged in work of a kind specified under subsection 22C(3) and the person is required to regularly travel outside Australia because of that work; and. 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