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Australian Citizenship Act 2007
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Administered by
Department of Home Affairs
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C2018C00256 C26
30 June 2018
-
28 December 2018
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Table of contents
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Part 1—Preliminary
1 Short title
2 Commencement
2A Simplified outline
3 Definitions
4 Australian citizen
5 Permanent resident
6 Responsible parent
6A National security offences
7 Children born on ships or aircraft or after death of parent
8 Children born as a result of artificial conception procedures or surrogacy arrangements
9 Confinement in prison or psychiatric institution
10 Personal identifiers
11 Operation of Act
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Part 2—Australian citizenship
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Division 1—Automatic acquisition of Australian citizenship
11A Simplified outline
12 Citizenship by birth
13 Citizenship by adoption
14 Citizenship for abandoned children
15 Citizenship by incorporation of Territory
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Division 2—Acquisition of Australian citizenship by application
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Subdivision A—Citizenship by descent
15A Simplified outline
16 Application and eligibility for citizenship
17 Minister’s decision
18 Registration
19 Day citizenship begins
19A When a person does not become a citizen despite the Minister’s approval
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Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement
19B Simplified outline
19C Application and eligibility for citizenship
19D Minister’s decision
19E Registration
19F Day citizenship begins
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Subdivision B—Citizenship by conferral
19G Simplified outline
20 Requirements for becoming a citizen
21 Application and eligibility for citizenship
22 General residence requirement
22A Special residence requirement—persons engaging in activities that are of benefit to Australia
22B Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia
22C Special residence requirement—legislative instruments
23 Defence service requirement
23A Citizenship test
24 Minister’s decision
25 Minister may cancel approval
26 Pledge of commitment must be made
27 How pledge of commitment is to be made
28 Day citizenship begins etc.
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Subdivision C—Resuming citizenship
28A Simplified outline
29 Application and eligibility for resuming citizenship
30 Minister’s decision
31 Registration
32 Day citizenship begins again etc.
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Division 3—Cessation of Australian citizenship
32A Simplified outline
33 Renunciation by application
33AA Renunciation by conduct
34 Revocation by Minister—offences or fraud
34A Revocation by Minister—special residence requirements
35 Service outside Australia in armed forces of an enemy country or a declared terrorist organisation
35AA Declared terrorist organisation
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
35A Conviction for terrorism offences and certain other offences
35B Matters to be set out in notices to persons who have ceased to be Australian citizens
36 Children of responsible parents who cease to be citizens
36A No resumption of citizenship if citizenship ceases under section 33AA, 35 or 35A
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Division 4—Evidence of Australian citizenship
37 Evidence of Australian citizenship
38 Surrender of evidentiary notice
39 Altering evidentiary notice
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Division 5—Personal identifiers
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Subdivision A—Obtaining personal identifiers
40 Request for personal identifiers
41 Provision of personal identifiers
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Subdivision B—Obligations relating to identifying information
42 Accessing identifying information
43 Disclosing identifying information
44 Unauthorised modification or impairment of identifying information
45 Destroying identifying information
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Part 3—Other matters
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Division 1—Bogus documents
45A Prohibition on, and forfeiture of, bogus documents
45B Seizure of bogus documents
45C Document condemned as forfeited
45D Dealing with a document after it is condemned as forfeited
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Division 2—Other
46 Application requirements
47 Notification of decisions
48 Computerised decision-making
49 Evidence of whether computer program is functioning correctly
50 False statements or representations
51 Geographical jurisdiction for offences
51A Things seized under Crimes Act search warrant and information about such things
51B Reports to Parliament
51C Briefing of Parliamentary Joint Committee on Intelligence and Security
52 Review of decisions
53 Delegation
54 Regulations
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Schedule 1—Pledge of commitment as a citizen of the Commonwealth of Australia
1 Form of pledge no. 1
2 Form of pledge no. 2
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
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