(7)  Subsection (6) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident. Division 4—Evidence of Australian citizenship. Eligibility criteria for sitting the test. (a)  the person is given a request that is in accordance with this section; and. Australia, when used in a geographical sense, includes the external Territories. The individuals who have been conferred the Australian Citizenship enjoy the same privileges and rights as any other citizen of Australia. (b)  the person committed the offence at any time before the person became an Australian citizen. (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. The applicant became an Australian citizen on 26 January 1949 if the applicant entered Australia and was granted permanent residence before 26 January 1949. (a)  at the time the person made the application under section 21, the person: (4C)  The Minister may decide that subparagraph (4A)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person. (b)  proceedings that relate to an application for review under section 52. functioning correctly: a computer program is functioning correctly if: (a)  outcomes from its operation comply with this Act and the regulations; and. Australian citizenship by descent may be acquired by a person born outside Australia who is the natural child of an Australian citizen parent. (c)  obtaining the identifier is necessary for either or both of the following purposes: (i)  assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2 or seeking to sit a test approved in a determination under section 23A; (ii)  combating document and identity fraud in citizenship matters; (1)  This Act extends to the external Territories. (5)  A person is eligible to become an Australian citizen if the Minister is satisfied that the person: (a)  is aged under 18 at the time the person made the application; and. (2)  A request must inform the person of the matters prescribed by the regulations. (b)  an offence against Division 72 of the Criminal Code; or, (c)  an offence against Part 5.1 of the Criminal Code (treason and related offences) other than section 83.4 (interference with political rights and duties); or, (ca)  an offence against Division 91 of the Criminal Code (espionage); or, (cb)  an offence against Part 5.3 (terrorism) of the Criminal Code; or, (d)  an offence against the Australian Security Intelligence Organisation Act 1979; or, (e)  an offence against the Intelligence Services Act 2001; or. (b)  at the cessation time, the person is a responsible parent of a child aged under 18; (c)  the Minister may, by writing, revoke the child’s Australian citizenship; and. Australian law means a law of the Commonwealth, a State or a Territory. (15)  The powers of the Minister under this section may only be exercised by the Minister personally. includes a psychiatric section of a hospital. (4)  For the purposes of subsection (3), the determination may provide that a person is not eligible to sit the test unless the person is a permanent resident and the Minister is satisfied of the identity of the person. There are some other, less common, ways of automatically becoming a citizen. If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. (a)  the Minister makes a decision under section 34 or 34A to revoke a person’s Australian citizenship; and. (12)  If the Minister decides to consider whether to exercise the power in subsection (9), then, in that consideration, the Minister must have regard to the following: (a)  the severity of the matters that were the basis for any notice given in respect of the person under subsection (5), or of matters that would have been the basis for giving a notice in respect of the person under paragraph (5)(a), but for the operation of subsection (7); (13)  If the Minister makes a determination under subsection (9), the Minister must cause to be laid before each House of the Parliament, within 15 sitting days of that House after the Minister makes the determination, a statement that: (b)  sets out the reasons for the determination, referring in particular to the Minister’s reasons in relation to the matters set out in subsection (12). If under section 33AA, 35 or 35A a person ceases to be an Australian citizen, then Divisions 1 and 2 of this Part do not apply in relation to the person on and after the time of that cessation. (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. (3)  For the purposes of the Administrative Appeals Tribunal reviewing a decision of a kind referred to in paragraph (1)(b): (a)  the Tribunal must not exercise the power under subsection 22A(1A) or 22B(1A); and. Note:          A child of the person may also cease to be an Australian citizen: see section 36. Citizenship by descent Citizenship by conferral is the most common pathway for permanent residents. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. (8)  For the purposes of this section, a person (the applicant) obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud if and only if: (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 Criminal Code, that the other person committed at any time before the Minister gave the approval; and. 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. (1)  A person may make an application to the Minister to renounce the person’s Australian citizenship. (2A)  An application under a provision of this Act by a child aged under 16 must be set out: (a)  on a form that contains no other application; 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 Criminal Code, respectively. (1A)  The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the person if: (a)  the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the person; and, (b)  the Minister is satisfied that the person’s engagement in the kind of work concerned is of benefit to Australia; and. (1)  If the Minister reasonably suspects that a document is forfeited under subsection 45A(2), then the Minister may seize the document. (2)  The Minister may give the person a notice stating that the person is an Australian citizen at a particular time. 15  Citizenship by incorporation of Territory. (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. The following is a simplified outline of this Subdivision: You may be eligible to become an Australian citizen under this Subdivision in 2 situations: •      you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth: see subsection 16(2); or. (b)  if subparagraph (4B)(b)(ii) applies to the person—has been convicted of a national security offence. (7)  The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances. (b)  contain a basic description of that conduct. (b)  a disclosure to which section 43 does not apply because of the operation of subsection 43(1A). Division 2—Acquisition of Australian citizenship by application. (a)  proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or. (f)  an offence covered by a determination in force under section 6A. A woman who was a British subject on 25 January 1949 and married an Australian before 26 January 1949. (2)  Subject to subsections (3) to (5), subsection (1) applies to the following conduct: (a)  engaging in international terrorist activities using explosive or lethal devices; (c)  providing or receiving training connected with preparation for, engagement in, or assistance in a terrorist act; (d)  directing the activities of a terrorist organisation; (e)  recruiting for a terrorist organisation; (h)  engaging in foreign incursions and recruitment. bogus document has the same meaning as in subsection 5(1) of the Migration Act 1958. child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person: You need to be a permanent resident and meet certain criteria before you can apply. Note 2:       The person may also apply to become an Australian citizen again under Subdivision A, AA or B. Citizenship by conferral is covered by Subdivision B. (iii)  any record of a kind referred to in paragraph (c); that could be used to discover a particular person’s identity or to get information about a particular person. foreign law means a law of a foreign country. (8)  The Minister may, by writing, approve a form for the purposes of paragraph (1A)(g). (d)  contain a statement to the effect that a failure to comply with the request is an offence. Ministerial discretion—person in an interdependent relationship. (3)  A request given to a person under subsection (1) or (2) must: (b)  specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and, (c)  specify how the person is to surrender the notice to the Minister; and. 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. (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. (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. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Confinement in prison or psychiatric institution. (4)  The Minister must specify in an authorisation under subsection (3), as the purpose or purposes for which access is authorised, one or more of the following purposes: (a)  either or both of the purposes set out in paragraph 10(2)(c); (b)  disclosing identifying information in accordance with this Division; (c)  administering or managing the storage of identifying information; (d)  making identifying information available to the person to whom it relates; (e)  modifying identifying information to enable it to be matched with other identifying information; (f)  modifying identifying information in order to correct errors or ensure compliance with appropriate standards; (g)  the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; (a)  the person’s conduct causes disclosure of identifying information; and. (b)  applications made under this Act before the determination takes effect that have not been decided before the determination takes effect. The second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA. 35A  Conviction for terrorism offences and certain other offences, Cessation of citizenship on determination by Minister. One of your parents was an Australian citizen when you were adopted If your Australian citizen parent gained their citizenship through descent/adoption, they must have been presen… (1)  If a person makes an application under section 21, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen. (2)  A person is eligible to become an Australian citizen again under this Subdivision if: (a)  the person ceased to be an Australian citizen under: (i)  section 33 (about renunciation) in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or. Note:          See section 24 of the Archives Act 1983 on the obligation to keep the identifying information. (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. Stateless Persons Convention means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954 [1974] ATS 20. (2)  If, at the cessation time, another responsible parent of the child is an Australian citizen, subsection (1) does not apply to the child: (a)  while there is a responsible parent who is an Australian citizen; and. The third is citizenship by conferral. The applicant acquired Australian citizenship by Full Hague Adoption by being adopted under 'full and permanent' Hague arrangements and becoming an Australian citizen. (b)  the person has undertaken a total of at least 90 days. (5)  For the purposes of paragraph (1)(g) or (1A)(f), 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. (4)  The Minister may, by writing, authorise a person for the purposes of paragraph (3)(b). (5)  The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (3)(c). •      non‑satisfaction of identity: see subsection 24(3); or, •      national security: see subsections 24(4) to (4C); or, •      non‑presence in Australia: see subsection 24(5); or, •      offences: see subsection 24(6); or. (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). (d)  the disclosure of the information or content would be likely to be contrary to the public interest for any other reason. The changes must not change the effect of the law. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. Australian law means a law of the Commonwealth, a State or a Territory. Persons not required to make pledge of commitment. ... 5 Citizenship by descent and conferral under the new Act. Note:          Sections 21 to 25 deal with the Minister approving the person becoming an Australian citizen. 2....................................................................... has the meaning given by section 35 of the. There are a number of ways that you can cease to be an Australian citizen. (c)  sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that activity would be of benefit to Australia. You must make an application to become an Australian citizen again. (11)  A determination under subsection (1A) is not a legislative instrument. (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. At the same time as the provisions covered by table item 2. (1)  The Minister must, by written determination, approve a test for the purposes of subsection 21(2A) (about general eligibility for citizenship). They are conferred with the right to vote and enjoy the privileges that the Australian Passport offers. (1)  As soon as practicable after each reporting period, the Minister must table a report in each House of the Parliament that sets out: (a)  the number of notices given by the Minister under paragraph 33AA(10)(a), 35(5)(a) or 35A(5)(a) during the reporting period; and, (b)  the number of notices the Minister unsuccessfully attempted to give under paragraph 33AA(10)(a), 35(5)(a) or 35A(5)(a) during the reporting period; and, (c)  for each notice given or attempted to be given under paragraph 33AA(10)(a) or 35(5)(a)—a brief statement of the matters that are the basis for the notice; and. (2A)  If the Minister exercised the power under subsection 22A(1A) or 22B(1A) in relation to the person, the decision under subsection (1) of this section must be made by the Minister personally. Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (b)  those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program. The applicant became an Australian citizen on 26 January 1949. (5A)  The Minister may decide that subsection (1C) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person. (5)  For the purposes of subsection (4), if the proceedings go to judgment, they end: (a)  if no appeal against the judgment is lodged within the period for lodging such an appeal—at the end of that period; or. 45D  Dealing with a document after it is condemned as forfeited. Note 1:       See also section 32 (which is about persons resuming their former citizenship status). (3)  Subject to this section, the Minister must approve the person renouncing his or her Australian citizenship if the Minister is satisfied that: (a)  the person is aged 18 or over, and is a national or citizen of a foreign country, at the time the person made the application; or. (c)  done something else related to the making of a decision or the exercise of a power or the compliance with an obligation; that was made, exercised, complied with or done by the operation of a computer program under such an arrangement. The Parliament recognises that persons conferred Australian citizenship enjoy these rights and undertake to accept these obligations: (a)  by pledging loyalty to Australia and its people; and, (b)  by sharing their democratic beliefs; and, (c)  by respecting their rights and liberties; 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 information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. (9)  If the Minister revokes the determination, the person’s citizenship is taken never to have ceased under this section because of that determination. Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act. (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 Australian Citizenship Act 1948 as in force at that time. (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. (5A)  A determination under subsection (1) may provide for the period within which a person must start the test and for the period within which a person must complete the test. (19)  To avoid doubt, a person’s citizenship is taken never to have ceased under this section because of the person serving or fighting as set out in subsection (1) if: (a)  in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person did not so serve or fight (whether because of subsection (4) of this section or for any other reason); or, (b)  in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person was not a national or citizen of a country other than Australia at the time the person served or fought; or, (c)  the Minister makes a determination under subsection (9) in relation to the conduct to exempt the person from the effect of this section; or, Declaration of declared terrorist organisation. (2)  A determination under subsection (1) applies in relation to: (a)  applications made under this Act after the determination takes effect; and. 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