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A Bill for an Act to amend the Australian Citizenship Act 2007 and other legislation, and for related purposes
Administered by: Immigration and Border Protection
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 24 Oct 2014
Introduced HR 22 Oct 2014
Table of contents.

2013‑2014

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Australian Citizenship and Other Legislation Amendment Bill 2014

 

No.      , 2014

 

(Immigration and Border Protection)

 

 

 

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

  

  


Contents

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

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

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Part 1—Amendments                                                                                                    3

Australian Citizenship Act 2007                                                                              3

Migration Act 1958                                                                                                   26

Part 2—Application and transitional provisions                                            27


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

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Australian Citizenship and Other Legislation Amendment Act 2014.

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

Provisions

Commencement

Date/Details

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

The day this Act receives the Royal Assent.

 

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation 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

Part 1Amendments

Australian Citizenship Act 2007

1  Section 2A

Omit:

If you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances.

substitute:

If you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances (for example, where there has been fraud or misrepresentation).

2  Section 3

Before “In this Act”, insert “(1)”.

3  Section 3 (definition of artificial conception procedure)

Repeal the definition.

4  Section 3 (definition of de facto partner)

Omit “meaning given by the Acts Interpretation Act 1901”, substitute “same meaning as in the Migration Act 1958”.

5  Section 3 (at the end of the definition of permanent visa)

Add:

Note:          See also subsection (2).

6  Section 3

Insert:

spouse has the same meaning as in the Migration Act 1958.

7  Section 3

Insert:

substantive visa has the same meaning as in the Migration Act 1958.

8  At the end of section 3

Add:

             (2)  The Minister may, by legislative instrument, prescribe a kind of permanent visa for the purposes of subparagraph 21(5)(b)(ii) and paragraph 52(2A)(b).

9  Subsection 6A(1)

Omit “section 3”, substitute “subsection 3(1)”.

10  Section 11A

Omit:

•      citizenship for abandoned children: see section 14; and

11  Subsection 12(2) (heading)

Repeal the heading, substitute:

Exception—enemy occupation

12  At the end of section 12

Add:

Exception—parent entitled to privileges or immunities

             (3)  Paragraph (1)(b) does not apply to a person born in Australia if, at any time during the 10‑year period referred to in that paragraph, a parent of the person was entitled to any privileges or immunities under any of the following Acts:

                     (a)  the Diplomatic Privileges and Immunities Act 1967;

                     (b)  the Consular Privileges and Immunities Act 1972;

                     (c)  the International Organisations (Privileges and Immunities) Act 1963;

                     (d)  the Overseas Missions (Privileges and Immunities) Act 1995.

Exception—unlawful non‑citizen

             (4)  Paragraph (1)(b) does not apply to a person born in Australia if, at any time during the 10‑year period referred to in that paragraph, the person was present in Australia as an unlawful non‑citizen.

Exception—no visa

             (5)  Paragraph (1)(b) does not apply to a person born in Australia if, at any time during the 10‑year period referred to in that paragraph, the person was outside Australia and, at that time, the person did not hold a visa permitting the person to travel to, enter and remain in Australia.

             (6)  Subsection (5) does not apply in relation to a person if the person was a New Zealand citizen when the person left Australia and the person was a New Zealand citizen throughout the period of the person’s absence from Australia.

Exception—status of parent

             (7)  Paragraph (1)(b) does not apply to a person born in Australia if:

                     (a)  a parent of the person did not hold a substantive visa at the time of the person’s birth; and

                     (b)  that parent has entered Australia on one or more occasions before the person’s birth; and

                     (c)  at any time during the period beginning on the day that parent last entered Australia and ending on the day of the person’s birth, that parent was present in Australia as an unlawful non‑citizen.

Abandoned children

             (8)  A person found abandoned in Australia as a child:

                     (a)  is taken to have been born in Australia; and

                     (b)  is taken to be a person in relation to whom paragraph (1)(a) applies.

             (9)  Subsection (8) applies unless and until it is proved:

                     (a)  the person was outside Australia at any time before the person was found abandoned in Australia as a child; or

                     (b)  the person is not a person in relation to whom paragraph (1)(a) applies.

13  Paragraph 13(a)

After “Territory”, insert “, where the adoption process began when the person was aged under 18”.

14  Section 14

Repeal the section.

15  Section 15A

After:

•      national security: see subsections 17(4) to (4B); or

insert:

•      offences: see subsection 17(4C); or

16  Section 15A

Omit:

You do not become an Australian citizen, even if the Minister approves you becoming an Australian citizen, unless a parent of yours was an Australian citizen at a particular time: see section 19A.

17  Paragraph 16(2)(c)

Omit “, and the person is aged 18 or over at the time the person made the application”.

18  After subsection 17(4B)

Insert:

Offences

          (4C)  The Minister must not approve the person becoming an Australian citizen at a time:

                     (a)  when proceedings for an offence against an Australian law (including proceedings by way of appeal or review) are pending in relation to the person; or

                     (b)  when the person is confined to a prison in Australia; or

                     (c)  during the period of 2 years after the end of any period during which the person has been confined to a prison in Australia because of the imposition on the person of a serious prison sentence; or

                     (d)  if the person is a serious repeat offender in relation to a serious prison sentence—during the period of 10 years after the end of any period during which the person has been confined to a prison in Australia because of the imposition of that sentence; or

                     (e)  if the person has been released from serving the whole or a part of a sentence of imprisonment on parole or licence—during any period during which action can be taken under an Australian law to require the person to serve the whole or a part of that sentence; or

                      (f)  if the person:

                              (i)  has been released by a court from serving the whole or a part of a sentence of imprisonment; and

                             (ii)  has been so released subject to conditions relating to the person’s behaviour;

                            during any period during which action can be taken against the person under an Australian law because of a breach of any of those conditions; or

                     (g)  if, in respect of proceedings for an offence against an Australian law in relation to the person, a court releases the person subject to conditions relating to the person’s behaviour—during any period during which action can be taken against the person under an Australian law because of a breach of any of those conditions; or

                     (h)  during any period during which the person is confined in a psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law in relation to the person; or

                      (i)  when the person is subject to an order of a court for home detention, where the order was made in connection with proceedings for an offence against an Australian law in relation to the person; or

                      (j)  when the person is subject to an order of a court requiring the person to participate in:

                              (i)  a residential drug rehabilitation scheme; or

                             (ii)  a residential program for the mentally ill; or

                            (iii)  any other residential scheme or program;

                            where the order was made in connection with proceedings for an offence against an Australian law in relation to the person.

19  Section 19A

Repeal the section.

20  Section 19B

After:

•      national security: see subsections 19D(5) to (7A); or

insert:

•      offences: see subsection 19D(7B); or

21  Paragraph 19C(2)(g)

Omit “if the applicant is aged 18 or over at the time the applicant made the application—”.

22  After subsection 19D(7A)

Insert:

Offences

          (7B)  The Minister must not approve the person becoming an Australian citizen at a time:

                     (a)  when proceedings for an offence against an Australian law (including proceedings by way of appeal or review) are pending in relation to the person; or

                     (b)  when the person is confined to a prison in Australia; or

                     (c)  during the period of 2 years after the end of any period during which the person has been confined to a prison in Australia because of the imposition on the person of a serious prison sentence; or

                     (d)  if the person is a serious repeat offender in relation to a serious prison sentence—during the period of 10 years after the end of any period during which the person has been confined to a prison in Australia because of the imposition of that sentence; or

                     (e)  if the person has been released from serving the whole or a part of a sentence of imprisonment on parole or licence—during any period during which action can be taken under an Australian law to require the person to serve the whole or a part of that sentence; or

                      (f)  if the person:

                              (i)  has been released by a court from serving the whole or a part of a sentence of imprisonment; and

                             (ii)  has been so released subject to conditions relating to the person’s behaviour;

                            during any period during which action can be taken against the person under an Australian law because of a breach of any of those conditions; or

                     (g)  if, in respect of proceedings for an offence against an Australian law in relation to the person, a court releases the person subject to conditions relating to the person’s behaviour—during any period during which action can be taken against the person under an Australian law because of a breach of any of those conditions; or

                     (h)  during any period during which the person is confined in a psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law in relation to the person; or

                      (i)  when the person is subject to an order of a court for home detention, where the order was made in connection with proceedings for an offence against an Australian law in relation to the person; or

                      (j)  when the person is subject to an order of a court requiring the person to participate in:

                              (i)  a residential drug rehabilitation scheme; or

                             (ii)  a residential program for the mentally ill; or

                            (iii)  any other residential scheme or program;

                            where the order was made in connection with proceedings for an offence against an Australian law in relation to the person.

23  Subsection 21(5)

Omit “satisfied that the person”, substitute “satisfied that”.

24  Paragraph 21(5)(a)

Before “is”, insert “the person”.

25  Paragraph 21(5)(b)

Repeal the paragraph, substitute:

                     (b)  at the time the person made the application and at the time of the Minister’s decision on the application:

                              (i)  the person is a permanent resident; or

                             (ii)  the person holds a permanent visa of a kind prescribed in an instrument under subsection 3(2), the person has not entered Australia as the holder of that visa and a parent of the person is an Australian citizen; and

                     (c)  the person is of good character at the time of the Minister’s decision on the application.

26  Paragraph 21(6)(d)

Omit “if the person is aged 18 or over at the time the person made the application—”.

27  Paragraphs 22(1)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  one of the following subparagraphs applies:

                              (i)  on the first day (the start day) of the 4‑year period ending on the day before the day the person made the application the person was present in Australia (except as an unlawful non‑citizen);

                             (ii)  on the start day the person was outside Australia and the person was the holder of a visa that permitted the person to travel to, enter and remain in Australia, and the visa was granted when the person was in Australia;

                            (iii)  on the start day the person was outside Australia and the person was the holder of a visa that permitted the person to travel to, enter and remain in Australia, the visa was granted when the person was outside Australia and the person had previously entered Australia as the holder of that visa; and

                     (b)  the person was present in Australia throughout the period (the relevant period) beginning on the day after the start day and ending on the day before the day the person made the application; and

                   (ba)  the person was not present in Australia as an unlawful non‑citizen at any time during the relevant period; and

28  Paragraph 22(1)(c)

Omit “for”, substitute “throughout”.

29  Paragraph 22(1A)(a)

Omit “period of 4 years immediately before the day the person made the application”, substitute “relevant period”.

30  Subsection 22(1A)

Omit “paragraph (1)(a)”, substitute “paragraph (1)(b)”.

31  Subsection 22(1C)

Omit “paragraph (1)(a) if, at any time during the 4 year period mentioned in that paragraph”, substitute “paragraphs (1)(a) and (b) if, at any time during the 4‑year period mentioned in subparagraph (1)(a)(i)”.

32  Subsection 22(2)

Omit “and (b)”, substitute “, (b) and (ba)”.

33  After subsection 22(2)

Insert:

Ministerial discretion—legislative instrument

             (3)  For the purposes of paragraph (1)(ba), 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 is satisfied that the circumstances prescribed in an instrument under subsection (4) exist in relation to the person.

             (4)  The Minister may, by legislative instrument, prescribe circumstances for the purposes of subsection (3).

34  Subsection 22(4A)

Omit “paragraph (1)(b)”, substitute “paragraph (1)(ba)”.

35  Subsections 22(9) and (10)

Repeal the subsections, substitute:

Ministerial discretion—spouse, de facto partner or surviving spouse or de facto partner of Australian citizen

             (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:

                     (a)  for the purposes of paragraph (1)(b), the Minister may treat a period as one in which the person was present in Australia; or

                     (b)  for the purposes of paragraph (1)(c), the Minister may treat a period as one in which the person was present in Australia as a permanent resident;

if:

                     (c)  the person was a spouse or de facto partner of that Australian citizen throughout that period; and

                     (d)  the person was not present in Australia throughout that period; and

                     (e)  the person was a permanent resident throughout that period; and

                      (f)  the Minister is satisfied that the person had a close and continuing association with Australia throughout that period; and

                     (g)  for the purposes of paragraph (1)(b)—the person was present in Australia for a total of at least 365 days during the relevant period (see paragraph (1)(b)).

Note:          For surviving spouse or de facto partner see subsection (12).

           (10)  Paragraph (9)(g) does not apply to the person if, throughout the period referred to in paragraph (9)(c), the Australian citizen referred to in paragraph (9)(c) was working outside Australia as a Commonwealth officer or a State or Territory officer.

Note:          For Commonwealth officer and State or Territory officer see subsection (12).

36  At the end of section 22

Add:

Definitions

           (12)  In this section:

Commonwealth officer means:

                     (a)  a person who is in the employment of the Commonwealth, other than a person who is engaged outside Australia to perform duties outside Australia as an employee; or

                     (b)  a person who holds or performs the duties of any office or position established by or under a law of the Commonwealth; or

                     (c)  a member of the Australian Defence Force; or

                     (d)  the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee, a special member or a special protective service officer (all within the meaning of the Australian Federal Police Act 1979).

State or Territory officer means:

                     (a)  a person who is in the employment of a State or Territory, other than a person who is engaged outside Australia to perform duties outside Australia as an employee; or

                     (b)  a person who holds or performs the duties of any office or position established by or under a law of a State or Territory; or

                     (c)  a member of the police force or police service of a State or Territory.

surviving spouse or de facto partner of a person who has died means a person who was the person’s spouse or de facto partner immediately before the person died and who has not later become the spouse or de facto partner of another person.

37  Paragraph 22A(1)(f)

Omit “for”, substitute “throughout”.

38  After subsection 22A(5)

Insert:

Ministerial discretion—legislative instrument

          (5A)  For the purposes of paragraph (1)(g), 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 is satisfied that the circumstances prescribed in an instrument under subsection 22C(2A) exist in relation to the person.

39  Paragraph 22B(1)(f)

Omit “for”, substitute “throughout”.

40  After subsection 22B(5)

Insert:

Ministerial discretion—legislative instrument

          (5A)  For the purposes of paragraph (1)(g), 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 is satisfied that the circumstances prescribed in an instrument under subsection 22C(4) exist in relation to the person.

41  After subsection 22C(2)

Insert:

          (2A)  The Minister may, by legislative instrument, prescribe circumstances for the purposes of subsection 22A(5A).

42  At the end of section 22C

Add:

             (4)  The Minister may, by legislative instrument, prescribe circumstances for the purposes of subsection 22B(5A).

43  Subsection 24(1) (note)

Repeal the note, substitute:

Note:          For cancellation of an approval by the Minister, see section 25.

44  Paragraphs 24(6)(f) and (g)

Repeal the paragraphs, substitute:

                      (f)  if the person:

                              (i)  has been released by a court from serving the whole or a part of a sentence of imprisonment; and

                             (ii)  has been so released subject to conditions relating to the person’s behaviour;

                            during any period during which action can be taken against the person under an Australian law because of a breach of any of those conditions; or

                     (g)  if, in respect of proceedings for an offence against an Australian law in relation to the person, a court releases the person subject to conditions relating to the person’s behaviour—during any period during which action can be taken against the person under an Australian law because of a breach of any of those conditions; or

45  At the end of subsection 24(6)

Add:

                ; or (i)  when the person is subject to an order of a court for home detention, where the order was made in connection with proceedings for an offence against an Australian law in relation to the person; or

                      (j)  when the person is subject to an order of a court requiring the person to participate in:

                              (i)  a residential drug rehabilitation scheme; or

                             (ii)  a residential program for the mentally ill; or

                            (iii)  any other residential scheme or program;

                            where the order was made in connection with proceedings for an offence against an Australian law in relation to the person.

46  Section 25 (heading)

Repeal the heading, substitute:

25  Cancellation of approval by Minister

47  Before subsection 25(1)

Insert:

Mandatory cancellation

          (1A)  The Minister must, 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

                     (b)  the approval was given on the basis of subsection 21(2), (4) or (5) applying to the person; and

                     (c)  assuming that the Minister were considering the person’s application to become an Australian citizen at the time of the proposed cancellation, the Minister is satisfied that the person would not be given an approval under section 24 because of subsection 24(3), (4) or (4A).

Discretionary cancellation

48  Paragraph 25(1)(b)

Repeal the paragraph, substitute:

                     (b)  subsection (2) or (3) applies.

49  Subsection 25(2)

Repeal the subsection, substitute:

             (2)  This subsection applies if:

                     (a)  the approval was given on the basis of subsection 21(2), (4) or (5) applying to the person; and

                     (b)  assuming that the Minister were considering the person’s application to become an Australian citizen at the time of the proposed cancellation, the Minister is satisfied that the person would not be given an approval under section 24 (other than because of subsection 24(3), (4), (4A) or (5)).

50  Subsection 25(3) (heading)

Repeal the heading.

51  Subsection 25(3)

Omit “The second situation”, substitute “This subsection”.

52  Subsection 26(3)

Omit “the Minister is satisfied that”.

53  Paragraph 26(3)(a)

Before “a visa”, insert “the Minister is satisfied that”.

54  Paragraph 26(3)(b)

Before “the person”, insert “the Minister is satisfied that”.

55  At the end of subsection 26(3)

Add:

               ; or (c)  the Minister is considering cancelling the approval given to the person under section 24 and the Minister is considering doing so:

                              (i)  under subsection 25(1A); or

                             (ii)  under subsection 25(1) because of the application of subsection 25(2).

56  Subsection 26(4)

Omit “12 months”, substitute “2 years”.

57  Section 28A

Omit:

•      national security: see subsections 30(4) to (7).

substitute:

•      national security: see subsections 30(4) to (7); or

•      offences: see subsection 30(8); or

•      the timing of cessation of citizenship: see subsection 30(9).

58  Paragraph 29(2)(b)

Omit “if the person is aged 18 or over at the time the person made the application—”.

59  Subsection 29(2) (note 2)

Omit “section 34, 34A or 35”, substitute “section 33A, 34, 34AA, 34A or 35”.

60  Paragraph 29(3)(b)

Omit “if the person is aged 18 or over at the time the person made the application—”.

61  At the end of section 30

Add:

Offences

             (8)  The Minister must not approve the person becoming an Australian citizen again at a time:

                     (a)  when proceedings for an offence against an Australian law (including proceedings by way of appeal or review) are pending in relation to the person; or

                     (b)  when the person is confined to a prison in Australia; or

                     (c)  during the period of 2 years after the end of any period during which the person has been confined to a prison in Australia because of the imposition on the person of a serious prison sentence; or

                     (d)  if the person is a serious repeat offender in relation to a serious prison sentence—during the period of 10 years after the end of any period during which the person has been confined to a prison in Australia because of the imposition of that sentence; or

                     (e)  if the person has been released from serving the whole or a part of a sentence of imprisonment on parole or licence—during any period during which action can be taken under an Australian law to require the person to serve the whole or a part of that sentence; or

                      (f)  if the person:

                              (i)  has been released by a court from serving the whole or a part of a sentence of imprisonment; and

                             (ii)  has been so released subject to conditions relating to the person’s behaviour;

                            during any period during which action can be taken against the person under an Australian law because of a breach of any of those conditions; or

                     (g)  if, in respect of proceedings for an offence against an Australian law in relation to the person, a court releases the person subject to conditions relating to the person’s behaviour—during any period during which action can be taken against the person under an Australian law because of a breach of any of those conditions; or

                     (h)  during any period during which the person is confined in a psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law in relation to the person; or

                      (i)  when the person is subject to an order of a court for home detention, where the order was made in connection with proceedings for an offence against an Australian law in relation to the person; or

                      (j)  when the person is subject to an order of a court requiring the person to participate in:

                              (i)  a residential drug rehabilitation scheme; or

                             (ii)  a residential program for the mentally ill; or

                            (iii)  any other residential scheme or program;

                            where the order was made in connection with proceedings for an offence against an Australian law in relation to the person.

Cessation of citizenship

             (9)  The Minister must not approve the person becoming an Australian citizen again during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.

62  Section 32A

Omit “5 ways”, substitute “4 ways”.

63  Section 32A

Omit:

•      if you did not automatically become an Australian citizen, the Minister can revoke your citizenship in circumstances involving offences or fraud: see section 34; or

•      if you did not automatically become an Australian citizen and the Minister exercised the power under subsection 22A(1A) or 22B(1A), the Minister can revoke your citizenship in circumstances involving a failure to comply with special residence requirements: see section 34A; or

substitute:

•      if you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances (for example, where there has been fraud or misrepresentation): see sections 33A to 34A; or

64  After section 33

Insert:

33A  Revocation by Minister—citizenship by descent approval should not have been given

             (1)  The Minister may, by writing, revoke a person’s Australian citizenship if:

                     (a)  the person is an Australian citizen under Subdivision A of Division 2 because of an approval under section 17; and

                     (b)  the Minister is satisfied that the approval should not have been given.

             (2)  However, the Minister must not decide under subsection (1) to revoke a person’s Australian citizenship if the Minister is satisfied that the person would, if the Minister were to revoke the person’s Australian citizenship, become a person who is not a national or citizen of any country.

Time citizenship ceases

             (3)  If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.

Note:          A child of the person may also cease to be an Australian citizen: see section 36.

65  Section 34 (heading)

Repeal the heading, substitute:

34  Revocation by Minister—convictions for fraud or misrepresentation etc.

66  After section 34

Insert:

34AA  Revocation by Minister—other cases of fraud or misrepresentation

             (1)  The Minister may, by writing, revoke a person’s Australian citizenship if:

                     (a)  the person is an Australian citizen under Subdivision A, AA or B of Division 2 (including because of the operation of section 32); and

                     (b)  the Minister is satisfied that the person obtained the Minister’s approval to become an Australian citizen as a result of fraud, or misrepresentation, connected with:

                              (i)  the Minister approving the person becoming an Australian citizen; or

                             (ii)  the person’s entry into Australia before the Minister gave the approval; or

                            (iii)  the grant to the person, before the Minister gave the approval, of a visa or of a permission to enter and remain in Australia; and

                     (c)  the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.

             (2)  The fraud or misrepresentation:

                     (a)  may have been committed by any person; and

                     (b)  need not have constituted an offence, or part of an offence, by any person.

             (3)  However, the fraud or misrepresentation must have occurred during the period of 10 years before the day of the revocation.

             (4)  Without limiting subsection (1), the concealment of material circumstances constitutes a misrepresentation for the purposes of that subsection.

Time citizenship ceases

             (5)  If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.

Note:          A child of the person may also cease to be an Australian citizen: see section 36.

67  Paragraph 36(1)(a)

Omit “section 33, 34, 34A or 35”, substitute “section 33, 33A, 34, 34AA, 34A or 35”.

68  Paragraph 38(1)(a)

Omit “section 34 or 34A”, substitute “section 33A, 34, 34AA or 34A”.

69  After subsection 47(3)

Insert:

Decisions made by the Minister personally

          (3A)  If the decision is made by the Minister personally, the notice may include a statement that the Minister is satisfied that the decision was made in the public interest.

70  Paragraph 52(1)(f)

Omit “section 34”, substitute “section 33A, 34 or 34AA”.

71  After subsection 52(2)

Insert:

          (2A)  If the Minister makes a decision under section 24 to refuse to approve a person becoming an Australian citizen under subsection 21(5), the person cannot apply for review of that decision unless:

                     (a)  the person is a permanent resident; or

                     (b)  the person holds a permanent visa of a kind prescribed in an instrument under subsection 3(2).

72  At the end of section 52

Add:

Decisions not reviewable

             (4)  Subsection (1) does not apply to a decision made by the Minister personally, where the notice under section 47 included a statement that the Minister is satisfied that the decision was made in the public interest.

Note:          See also section 52B (about tabling a statement in Parliament).

73  After section 52

Insert:

52A  Minister may in the public interest set aside certain decisions of the Administrative Appeals Tribunal

             (1)  If:

                     (a)  a delegate of the Minister makes one of the following decisions:

                              (i)  a decision under section 17, 19D or 24 to refuse to approve a person becoming an Australian citizen;

                             (ii)  a decision under section 25 to cancel an approval given to a person under section 24;

                            (iii)  a decision under section 30 to refuse to approve a person becoming an Australian citizen again; and

                     (b)  the delegate made the decision because the delegate was not satisfied that the person was of good character at the time of the decision or was not satisfied of the identity of the person; and

                     (c)  the person applied to the Administrative Appeals Tribunal for review of the decision; and

                     (d)  on that review the Tribunal made a decision of the kind referred to in paragraph 43(1)(c) of the Administrative Appeals Tribunal Act 1975 (about setting aside the decision under review); and

                     (e)  the person has not become an Australian citizen;

then, if the Minister is satisfied that it is in the public interest to do so, the Minister may make a decision setting aside the Tribunal’s decision and make a decision of the kind referred to in paragraph (a).

Note:          See also section 52B (about tabling a statement in Parliament).

             (2)  The power under subsection (1) may only be exercised by the Minister personally.

52B  Tabling statement in Parliament

Decisions not reviewable by Administrative Appeals Tribunal

             (1)  If the Minister makes a decision that is not reviewable by the Administrative Appeals Tribunal because of subsection 52(4), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the Minister makes the decision, a statement that:

                     (a)  sets out the Minister’s decision; and

                     (b)  sets out the reasons for the Minister’s decision.

             (2)  However, a statement under subsection (1) is not to include the name of the person affected by the decision.

Decisions setting aside Administrative Appeals Tribunal decisions

             (3)  If the Minister makes a decision under subsection 52A(1) to set aside a decision of the Administrative Appeals Tribunal, the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the Minister makes the decision, a statement that:

                     (a)  sets out the Tribunal’s decision; and

                     (b)  states the Minister has set aside the Tribunal’s decision; and

                     (c)  sets out the decision made by the Minister in connection with the decision to set aside the Tribunal’s decision; and

                     (d)  sets out the reasons for the Minister’s decision to set aside the Tribunal’s decision.

             (4)  However, a statement under subsection (3) is not to include the name of the person affected by the Minister’s decisions.

74  After section 53

Insert:

53A  Use and disclosure of personal information

Use

             (1)  The Minister, the Secretary or an APS employee in the Department may use personal information obtained under the Migration Act 1958, or the regulations under that Act, for the purposes of this Act or the regulations under this Act.

             (2)  A person to whom personal information is disclosed under subsection 488C(3) of the Migration Act 1958 may use that information for the purposes of this Act or the regulations under this Act.

Disclosure

             (3)  The Minister, the Secretary or an APS employee in the Department may disclose personal information obtained under this Act, or the regulations under this Act, to the Minister, the Secretary or an officer (within the meaning of the Migration Act 1958) for the purposes of that Act or the regulations under that Act.

Definitions

             (4)  In this section:

personal information has the same meaning as in the Privacy Act 1988.

Secretary means the Secretary of the Department.

75  Section 54

Before “The”, insert “(1)”.

76  At the end of section 54

Add:

             (2)  Without limiting subsection (1), the regulations may confer on the Minister the power to make legislative instruments.

Migration Act 1958

77  After section 488B

Insert:

488C  Use and disclosure of citizenship information

Use

             (1)  The Minister, the Secretary or an officer may use personal information obtained under the Australian Citizenship Act 2007, or the regulations under that Act, for the purposes of this Act or the regulations under this Act.

             (2)  A person to whom personal information is disclosed under subsection 53A(3) of the Australian Citizenship Act 2007 may use that information for the purposes of this Act or the regulations under this Act.

Disclosure

             (3)  The Minister, the Secretary or an officer may disclose personal information obtained under this Act, or the regulations under this Act, to the Minister, the Secretary or an APS employee in the Department for the purposes of the Australian Citizenship Act 2007 or the regulations under that Act.

             (4)  However, subsection (3) does not override section 488.

Note:          Section 488 prohibits the disclosure etc. of movement records except in limited circumstances.

Part 2Application and transitional provisions

78  Application and transitional provisions

(1)       In respect of the amendments made by items 4 and 6, section 22 of the Australian Citizenship Act 2007 applies on and after the commencement of those items in relation to applications made under section 21 of that Act on or after that commencement.

(2)       Subsection 12(3) of the Australian Citizenship Act 2007, as inserted by this Act, applies in relation to births that occur on or after the commencement of this item.

(3)       Subsections 12(4), (5) and (6) of the Australian Citizenship Act 2007, as inserted by this Act, apply in relation to a 10‑year period referred to in paragraph 12(1)(b) of that Act that ends on or after the commencement of this item (whether the birth occurred before, on or after that commencement).

(4)       To avoid doubt, for the purposes of subitem (3), in relation to a birth that occurs before the commencement of this item, subsections 12(4), (5) and (6) of the Australian Citizenship Act 2007, as inserted by this Act, apply in relation to any part of the 10‑year period (whether that part occurs before, on or after that commencement).

(5)       Subsection 12(7) of the Australian Citizenship Act 2007, as inserted by this Act, applies in relation to births, and entries to Australia, that occur on or after the commencement of this item.

(6)       Subsections 12(8) and (9) of the Australian Citizenship Act 2007, as inserted by this Act, apply in relation to persons found abandoned in Australia as a child on or after the commencement of this item.

(7)       The amendment made by item 13 applies in relation to adoption processes beginning on or after the commencement of that item.

(8)       The amendment made by item 14 applies in relation to persons found abandoned in Australia as a child on or after the commencement of that item.

(9)       The amendments made by items 17 and 18 apply in relation to applications made under section 16 of the Australian Citizenship Act 2007 on or after the commencement of those items.

(10)     The amendments made by items 19 and 64 apply in relation to approvals given under section 17 of the Australian Citizenship Act 2007 on or after the commencement of those items.

(11)     The amendments made by items 21 and 22 apply in relation to applications made under section 19C of the Australian Citizenship Act 2007 on or after the commencement of those items.

(12)     The amendments made by items 23 to 32, 34 to 37, 39, 44 and 45 apply in relation to applications made under section 21 of the Australian Citizenship Act 2007 on or after the commencement of those items.

(13)     The amendments made by items 33, 38 and 40 apply in relation to:

                     (a)  applications made under section 21 of the Australian Citizenship Act 2007 on or after the commencement of those items; and

                     (b)  applications made under that section before that commencement and not decided by the Minister before that commencement.

(14)     The amendments made by items 46 to 56 apply in relation to approvals given under section 24 of the Australian Citizenship Act 2007 before, on or after the commencement of those items.

(15)     The amendments made by items 58, 60 and 61 apply in relation to applications made under section 29 of the Australian Citizenship Act 2007 on or after the commencement of those items.

(16)     The amendment made by item 66 applies in relation to approvals to become an Australian citizen that are given on or after the commencement of that item, whether the fraud or misrepresentation occurred before, on or after that commencement.

(17)     The amendments made by items 69, 71 and 72 apply in relation to decisions made on or after the commencement of those items.

(18)     Section 52A of the Australian Citizenship Act 2007, as inserted by this Act, applies in relation to decisions made by the Administrative Appeals Tribunal on or after the commencement of this item (whether the decisions of the delegate of the Minister were made before, on or after that commencement).

(19)     Subsections 53A(1) and (3) of the Australian Citizenship Act 2007, as inserted by this Act, apply in relation to personal information obtained before, on or after the commencement of this item.

(20)     Regulations in force under section 54 of the Australian Citizenship Act 2007 immediately before the commencement of this item continue in force on and after that commencement as if they were regulations in force under subsection 54(1) of that Act.

(21)     Subsections 488C(1) and (3) of the Migration Act 1958, as inserted by this Act, apply in relation to personal information obtained before, on or after the commencement of this item.