(b)  the disclosure is a permitted disclosure; this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person. (9)  If the person is the spouse, de facto partner or surviving spouse or de facto partner of an Australian citizen at the time the person made the application, the Minister may treat a period as one in which the person was present in Australia as a permanent resident if: (a)  the person was a spouse or de facto partner of that Australian citizen during that period; and, (b)  the person was not present in Australia during that period; and, (c)  the person was a permanent resident during that period; and. (4)  Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it. (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. (18)  If the Minister makes a determination under subsection (14), 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 (17). (c)  is covered by subsection 21(6), (7) or (8). (3)  The Minister may decide that subsection (2) does not apply in relation to the applicant if, taking into account the circumstances that resulted in the applicant’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the applicant. (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. (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). The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. (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. It will not be expanded to deal with provisions inserted in this Act after assent. psychiatric institution includes a psychiatric section of a hospital. (c)  the person is covered by a determination in force under subsection (2) at that time. (4A)  If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person: (a)  if subparagraph (4B)(b)(i) applies to the person: (ii)  subject to subsection (4C), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or. When a person does not become a citizen despite the Minister’s approval. Resuming citizenship is covered by Subdivision C. The Minister must be satisfied of your identity for you to acquire citizenship by application. (a)  the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and. 1....................................................................... 108, 2............ Form of pledge no. (5)  A notice is prima facie evidence of the matters in the notice. (c)  persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands; and who satisfy specified requirements are, or are during a specified period, persons to whom this subsection applies. Sections 26 and 27 deal with the making of a pledge of commitment. (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. (15)  The powers of the Minister under this section may only be exercised by the Minister personally. (b)  the person does so under a warrant issued under an Australian law; the person is entitled to cause that modification or impairment. (6)  A person is covered by this subsection if: (a)  at the time the person made the application under section 29, the person: (7)  The Minister may decide that subparagraph (5)(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. (10)  However, a statement under subsection (9) is not to include the name of the person. Bilateral Arrangements regulations means the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 1998. (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. (4)  For the purpose of paragraph (1)(b): (a)  the reference to being sentenced to a period of imprisonment does not include a suspended sentence; and. (2)  A request must inform the person of the matters prescribed by the regulations. 2....................................................................... 108, Endnotes                                                                                                                                  109, Endnote 1—About the endnotes                                                                          109, Endnote 2—Abbreviation key                                                                              111, Endnote 3—Legislation history                                                                           112, Endnote 4—Amendment history                                                                         115, An Act relating to Australian citizenship. Born in New Guinea and the applicant was a British subject on 25 January 1949. born in Australia between 26 January 1949 and 19 August 1986 (Note: children born in Australia between 20 August 1986 and 31 August 1994 generally did not acquire Australian citizenship by birth), or, born in Australia between 1 September 1994 and 26 February 2001 and at least one of the applicant’s parents held a permanent residence visa or a Special Category visa, or, born in Australia on or after 27 February 2001 and at least one of the applicant’s parents held an Australian permanent residence visa, or. (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. (d)  contain a statement to the effect that a failure to comply with the request is an offence. The extract received when your son was registered for citizenship by descent is not a formal evidence of Australian citizenship. (13)  An instrument exercising any of the Minister’s powers under this section is not a legislative instrument. (b)  if subparagraph (4B)(b)(ii) applies to the person—has been convicted of a national security offence. Refer to the Accordingly, this compilation does not show the text of the compiled law as modified. (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. (b)  include the reasons for the decision to make the determination. (b)  the Minister is satisfied that, at the time the Minister proposes to cancel the approval, the person is: (ii)  not likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia; or, (a)  the person has failed to make a pledge of commitment within 12 months after the day on which the person received notice of the approval; and. This is covered by Division 2 of Part 2. (2)  The Minister may, by legislative instrument, determine that: (a)  persons who hold a special category visa or a special purpose visa; or, (b)  persons who have held a special category visa; or. (5)  If the Minister cancels an approval given to a person, the approval is taken never to have been given. (b)  the person does so for a purpose of or in relation to this Act. (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. This subsection has the effect that the person will need to make another application if the person wants to become an Australian citizen. • An Australian citizen has the privilege of registering their children who are born overseas as Australian citizens by descent. ordinarily resident: a person is taken to be ordinarily resident in a country if and only if: (a)  he or she has his or her home in that country; or. (4D)  To avoid doubt, subsection (4A) applies to a person who is eligible to become an Australian citizen under subsection 21(8). You must be eligible to be an Australian citizen to be approved. (7)  A person is covered by this subsection if: (a)  at the time the person made the application under section 19C, the person: (i)  the person was born in Australia; or. (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. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. (8)  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. (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. (a)  a child aged under 16 makes an application under section 21 at a particular time; and, (b)  1 or more responsible parents of the child make applications under section 21 at that time; and, (c)  the Minister decides under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens; and. (1)  The Minister may, by writing, cancel an approval given to a person under section 24 if: (a)  the person has not become an Australian citizen under section 28; and. (4A)  If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence. Check if you are a citizen (a)  the person makes, or causes or permits to be made, a representation or statement; and, (b)  the person does so knowing that the representation or statement is false or misleading in a material particular; and. Persons born in the former Australian Territory of Papua prior to 16 September 1975 who have at least 2 grandparents born in Papua New Guinea (PNG) or adjacent areas automatically became PNG citizens and consequently lost Australian citizenship when PNG gained independence on 16 September 1975 unless one of the following applies: They had been granted the right of permanent residence in Australia. (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. (17)  If the Minister decides to consider whether to exercise the power in subsection (14), 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 (10), or of matters that would have been the basis for giving a notice in respect of the person under paragraph (10)(a), but for the operation of subsection (12); (b)  the degree of threat posed by the person to the Australian community; (d)  if the person is aged under 18—the best interests of the child as a primary consideration; (e)  whether the person is being or is likely to be prosecuted in relation to matters referred to in paragraph (a); (f)  the person’s connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person; (g)  Australia’s international relations; (h)  any other matters of public interest. (f)  is of good character at the time of the Minister’s decision on the application. 1....................................................................... 2............ Form of pledge no. (a)  a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and, (b)  the defence person has completed relevant defence service; and, (c)  another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and. (6)  A determination under subsection (1) may cover any other matter related to the test the Minister thinks appropriate. (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). In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). (b)  the place of the birth is under occupation by the enemy; unless, at that time, the other parent of the person: (c)  is an Australian citizen or a permanent resident; and. (4)  The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months. (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. (d)  impairment of the operation of a system by which identifying information is stored; by a person is unauthorised if the person is not entitled to cause that modification or impairment. If you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances. (b)  if subparagraph (6)(b)(ii) applies to the person—has been convicted of a national security offence. (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. You may be refused citizenship even if you are eligible. has the same meaning as in the Intercountry Adoption regulations. (b)  a person born on a ship or aircraft not registered in Australia or a foreign country and belonging to the government of a country is taken to have been born in that country. includes a psychiatric section of a hospital. (10)  The Minister does not have a duty to consider whether to exercise the power under subsection (9) in respect of any person, whether the Minister is requested to do so by the person who has ceased to be a citizen under this section, or by any other person, or in any other circumstances. Automatic - the applicant performed an action that resulted in receiving citizenship of the country automatically. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. (13)  Subsections (14) to (19) apply only if a person has renounced his or her citizenship under this section. (2)  A constable or Commonwealth officer who, under subsection 3ZQU(1) of the Crimes Act 1914, may use or make available warrant material, is authorised to make available warrant material or warrant information: (a)  to a person covered by subsection (4); and. (6)  The power under subsection (1A) may only be exercised by the Minister personally. General provisions relating to Minister’s powers. 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: (a)  an adopted child, stepchild or exnuptial child of the person; (b)  someone who is a child of the person within the meaning of the Family Law Act 1975. commencement day means the day on which sections 2A to 54 (as originally enacted) commence. (5)  The Minister may refuse to approve the person renouncing his or her Australian citizenship if the person: (a)  is a national or citizen of a foreign country at the time the person made the application; and. •      cessation of citizenship: see subsection 24(7). 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: Note:          See section 27 for how the pledge is to be made. The following is a simplified outline of this Act: This Act sets out how you become an Australian citizen, the circumstances in which you may cease to be a citizen and some other matters related to citizenship. (b)  if an appeal against the judgment is lodged within that period—when the appeal lapses or is finally determined. (17)  The rules of natural justice apply to a decision by the Minister to make, or not make, a determination under subsection (9), but do not apply to any other decision, or the exercise of any other power, by the Minister under this section (including any decision whether to consider exercising the power in subsection (9) to make a determination). (1)  The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act or the regulations. Also, if you were a citizen under the old Act immediately before the day that this section commences, you will continue to be a citizen: see subsection 4(1). (3)  The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 19C(2). (2)  This Act extends unless the contrary intention appears: (a)  to acts, omissions, matters and things outside Australia; and. 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