2010‑2011‑2012

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Australian Citizenship Amendment (Defence Service Requirement) Bill 2012

No.      , 2012

(Mr Robert)

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 (Defence Service Requirement) Act 2012.

2  Commencement

                   This Act commences on the day after this Act receives the Royal Assent.

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                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments

Australian Citizenship Act 2007

1  Paragraph 21(2)(c)

Omit “has completed relevant defence service”, substitute “satisfies the defence service requirement”.

2  Paragraph 21(3)(c)

Omit “has completed relevant defence service”, substitute “satisfies the defence service requirement”.

3  Paragraph 21(4)(d)

Omit “has completed relevant defence service”, substitute “satisfies the defence service requirement”.

4  Section 23

Repeal the section, substitute:

23  Defence service requirement

             (1)  For the purposes of section 21, a person satisfies the defence service requirement if the person:

                     (a)  has completed relevant defence service (see subsection (2)); or

                     (b)  is the spouse or de facto partner of a person who has completed relevant defence service; or

                     (c)  is a child of a person who has completed relevant defence service, being a child who:

                              (i)  is aged under 18 or is a student aged 25 or under; and

                             (ii)  is wholly or substantially dependent on the person who has completed relevant defence service.

             (2)  A person has completed relevant defence service if the person:

                     (a)  has completed:

                              (i)  at least 90 days service in the permanent forces of the Commonwealth; or

                             (ii)  at least 6 months service in the Naval Reserve, the Army Reserve or Air Force Reserve; or

                     (b)  was discharged from that service as medically unfit for that service and who became so unfit because of that service.