Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Australian Citizenship Act 2007, and for related purposes
Administered by: Immigration and Citizenship
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 29 Jun 2009
Introduced Senate 25 Jun 2009

2008‑2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009

 

No.      , 2009

 

(Immigration and Citizenship)

 

 

 

A Bill for an Act to amend the Australian Citizenship Act 2007, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendments                                                                                                 3

Australian Citizenship Act 2007                                                                              3

 


A Bill for an Act to amend the Australian Citizenship Act 2007, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act 2009.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

 

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments

  

Australian Citizenship Act 2007

1  Section 19G

Omit “permanent”.

2  Subsection 21(2A)

Repeal the subsection, substitute:

          (2A)  Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if the Minister is satisfied that the following apply:

                     (a)  the person has sat a test approved in a determination under section 23A;

                     (b)  the person was eligible to sit that test (worked out in accordance with that determination);

                     (c)  the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination;

                     (d)  the person successfully completed that test (worked out in accordance with that determination) within the relevant test period.

3  Paragraph 21(3)(d)

Repeal the paragraph, substitute:

                     (d)  satisfies subsection (3A) or (3B); and

Note:       The heading to subsection 21(3) is altered by omitting “Permanent physical” and substituting “Physical”.

4  After subsection 21(3)

Insert:

          (3A)  A person satisfies this subsection if the person has a permanent physical or mental incapacity, at the time the person made the application, that means the person is not capable of understanding the nature of the application at that time.

          (3B)  A person satisfies this subsection if the person has a physical or mental incapacity, at the time the person made the application, that is as a result of the person having suffered torture or trauma outside Australia and that means the person:

                     (a)  is not capable of understanding the nature of the application at the time the person made the application; or

                     (b)  is not capable of demonstrating a basic knowledge of the English language at that time; or

                     (c)  is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time.

5  Subsection 21(5)

Repeal the subsection, substitute:

Person aged under 18

             (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

                     (b)  is a permanent resident:

                              (i)  at the time the person made the application; and

                             (ii)  at the time of the Minister’s decision on the application.

6  After subsection 23A(5)

Insert:

Period for sitting and completing the test

          (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.

7  After paragraph 26(1)(b)

Insert:

                    (ba)  has a physical or mental incapacity, at the time the person made the application to become an Australian citizen, that is as a result of the person having suffered torture or trauma outside Australia and that means the person:

                              (i)  is not capable of understanding the nature of the application at the time the person made the application; or

                             (ii)  is not capable of demonstrating a basic knowledge of the English language at that time; or

                            (iii)  is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or

8  Subsection 46(1A)

Repeal the subsection, substitute:

          (1A)  For applications made under section 21 by persons who, in order to be eligible to become an Australian citizen under subsection 21(2), must have sat a test approved in a determination under section 23A, the fee prescribed by the regulations may include a component that relates to the sitting of that test.

9  Application

(1)        The amendments made by items 2, 3, 4, 5, 7 and 8 apply in relation to applications made on or after the commencement of those items.

(2)        However, the amendment made by item 2 does not apply in relation to a person if:

                     (a)  the person makes an application on or after that commencement; and

                     (b)  the Minister is satisfied that the person had, before that commencement, sat a test approved in a determination under section 23A of the Australian Citizenship Act 2007 and successfully completed that test (worked out in accordance with that determination).