Australian Citizenship Regulations 2007

Select Legislative Instrument No. 164, 2007

made under the

Australian Citizenship Act 2007

Compilation No. 26

Compilation date:                              10 September 2016

Includes amendments up to:            F2016L01390

Registered:                                         13 September 2016

 

About this compilation

This compilation

This is a compilation of the Australian Citizenship Regulations 2007 that shows the text of the law as amended and in force on 10 September 2016 (the compilation date).

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.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  

Contents

Part 1—Preliminary                                                                                                               1

1             Name of Regulations                                                                              1

4             Definitions                                                                                             1

Part 2—Australian citizenship                                                                                         2

5             Registration under section 18 of the Act                                                2

6             Registration under section 19E of the Act                                              2

6A          Defence service requirement—prescribed visas                                     2

7             Prescribed reasons for failing to make pledge of commitment               2

8             Arrangements for making pledge of commitment                                  3

9             Registration under section 31 of the Act                                                3

10           Form of notice under subsection 37(3) of the Act                                  4

11           Personal Identifiers                                                                                4

Part 3—Other matters                                                                                                           5

12           Information and documents to accompany applications                         5

12AA     Application for replacement of evidence of Australian citizenship lost, destroyed or damaged due to a natural disaster                                                                                                   5

12A        Fees to accompany applications                                                             5

13           Refund of fees under subsection 46(3) of the Act                                  7

14           Form of notice under section 47 of the Act                                            8

Part 4—Transitional arrangements                                                                              9

20           Operation of Part 4                                                                                 9

21           Transitional arrangements—amendments made by Migration Legislation Amendment Regulation 2012 (No. 2)                                                                                                               9

22           Transitional arrangements—amendments made by Migration Legislation Amendment Regulation 2012 (No. 5)                                                                                                               9

25           Amendments made by the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014                                                                                                               9

26           Amendments made by the Australian Citizenship Amendment (Credit Card Surcharge) Regulation 2014                                                                                                               9

27           Amendments made by the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014                                                                                                               10

28           Amendments made by the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015                                                                                                               10

29           Amendments made by the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015                                                                                                               10

30           Amendments made by the Migration Legislation Amendment (2016 Measures No. 2) Regulation 2016                                                                                                               11

31           Amendments made by the Migration Legislation Amendment (2016 Measures No. 3) Regulation 2016                                                                                                               11

Schedule 1—Preamble for citizenship ceremony                            12

Schedule 2—Form of notice                                                                                  13

Schedule 3—Amounts to accompany applications                      14

Endnotes                                                                                                                                        19

Endnote 1—About the endnotes                                                                                19

Endnote 2—Abbreviation key                                                                                    20

Endnote 3—Legislation history                                                                                 21

Endnote 4—Amendment history                                                                               23

Part 1—Preliminary

  

1  Name of Regulations

                   These Regulations are the Australian Citizenship Regulations 2007

4  Definitions

                   In these Regulations:

Act means the Australian Citizenship Act 2007.

Australian mission overseas means a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.

Centrelink means the Commonwealth Services Delivery Agency that was established by the Commonwealth Services Delivery Agency Act 1997.

Note:          The Agency was abolished on 1 July 2011 by the Human Services Legislation Amendment Act 2011.

credit card surcharge: see subregulation 12A(1).

Hague Convention on Intercountry Adoption means the Convention on Protection of Children and Co‑operation in respect of Intercountry Adoption, done at The Hague on 29 May 1993.

Human Services Department means the Department administered by the Minister administering the Human Services (Centrelink) Act 1997.

PayPal surcharge: see subregulation 12A(1).

pledge of commitment has the meaning given by section 27 of the Act.

Schedule 3 amount: see subregulation 12A(1).

Part 2—Australian citizenship

  

5  Registration under section 18 of the Act

                   For section 18 of the Act, a person is registered by the Minister:

                     (a)  making a record of the fact that the person is an Australian citizen by descent; and

                     (b)  including the record on a data storage system kept by the Department.

6  Registration under section 19E of the Act

                   For section 19E of the Act, a person is registered by the Minister:

                     (a)  making a record of the fact that the person is an Australian citizen by adoption in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement; and

                     (b)  including the record on a data storage system kept by the Department.

6A  Defence service requirement—prescribed visas

                   For paragraphs 23(2)(a) and (3)(a) of the Act, the following visas are prescribed:

                     (a)  Employer Nomination (Permanent) (Class EN);

                     (b)  Labour Agreement (Migrant) (Class AU);

                     (c)  Labour Agreement (Residence) (Class BV);

                     (d)  Regional Employer Nomination (Permanent) (Class RN).

7  Prescribed reasons for failing to make pledge of commitment

             (1)  For subsection 25(3) of the Act, this regulation prescribes reasons for failing to make a pledge of commitment.

             (2)  A person has a prescribed reason for failing to make a pledge of commitment if:

                     (a)  the person was prevented from making a pledge because the Minister has determined under subsection 26(3) of the Act that the making of the pledge should be delayed for a specified period; and

                     (b)  either:

                              (i)  that specified period has not yet ended; or

                             (ii)  the specified period has ended, but the person has not yet had a reasonable period since the end of the specified period in which to make a pledge.

             (3)  Subject to subregulation (5), a person has a prescribed reason for failing to make a pledge of commitment if:

                     (a)  the person could not make a pledge, either in Australia or at an Australian mission overseas, because during that period, the person was overseas:

                              (i)  for medical treatment that was not available in Australia; or

                             (ii)  for a purpose unrelated to medical treatment, and was unexpectedly hospitalised; or

                            (iii)  to care for a person who was critically ill; or

                            (iv)  for a funeral and other associated arrangements; and

                     (b)  either:

                              (i)  the person still cannot make a pledge for the reason mentioned in paragraph (a); or

                             (ii)  the person is now able to make a pledge, but the person has not yet had a reasonable period in which to do so.

             (4)  Subject to subregulation (5), a person has a prescribed reason for failing to make a pledge of commitment if:

                     (a)  the person could not make a pledge because of an administrative error or omission made by:

                              (i)  the Commonwealth, a State or Territory; or

                             (ii)  an authority of the Commonwealth, a State or Territory; or

                            (iii)  a local government authority; and

                     (b)  either:

                              (i)  the error or omission has not been rectified; or

                             (ii)  the error or omission has been rectified, but the person has not yet had a reasonable period in which to make a pledge.

             (5)  For subregulation(3) or (4), a person has a prescribed reason only if the person gives the Minister:

                     (a)  a signed statement to support the claim that includes a description of any effort that the person made to make a pledge of commitment within the relevant period; and

                     (b)  written evidence that supports the statement.

8  Arrangements for making pledge of commitment

                   For subsection 27(2) of the Act, the arrangements are:

                     (a)  the pledge of commitment must be made in public if it is reasonably practicable; and

                     (b)  the person before whom the pledge is made must read aloud the address specified in Schedule 1 to the person making the pledge.

Note:          The Department may notify additional arrangements for making a pledge of commitment, or conducting a ceremony, that are designed to impress upon applicants the responsibilities and privileges of Australian citizenship.

9  Registration under section 31 of the Act

                   For section 31 of the Act, a person is registered by the Minister:

                     (a)  making a record of the fact that the person is an Australian citizen by resumption of citizenship; and

                     (b)  including the record on a data storage system kept by the Department.

10  Form of notice under subsection 37(3) of the Act

             (1)  For subsection 37(3) of the Act, a notice must be given in accordance with the form in Schedule 2.

             (2)  The signature of the Minister on the notice may be a facsimile that is printed or stamped.

11  Personal Identifiers

                   For subsection 40(2) of the Act, a request must inform the applicant of the following matters:

                     (a)  why a personal identifier must be provided;

                     (b)  how a personal identifier may be collected;

                     (c)  how a personal identifier may be used;

                     (d)  the circumstances in which a personal identifier may be disclosed to a third party;

                     (e)  that a personal identifier may be produced in evidence in a court or tribunal in relation to the applicant who provided the personal identifier;

                      (f)  that the Privacy Act 1988 applies to a personal identifier, and that the applicant has a right to make a complaint to the Australian Information Commissioner about the handling of personal information;

                     (g)  that the Freedom of Information Act 1982 gives a person access to certain information and documents in the possession of the Government of the Commonwealth and of its agencies, and that the applicant has a right under that Act to seek access to that information or those documents under that Act, and to seek amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.

Part 3—Other matters

  

12  Information and documents to accompany applications

                   For paragraph 46(1)(c) of the Act, if information or a document accompanying an application for citizenship is not originally in English, the information or document must be accompanied by an official English translation.

12AA  Application for replacement of evidence of Australian citizenship lost, destroyed or damaged due to a natural disaster

             (1)  This regulation applies to an application under section 37 of the Act for evidence of Australian citizenship if:

                     (a)  the application relates to the replacement of evidence of Australian citizenship that was lost, destroyed or damaged due to a natural disaster that is included on a list of natural disasters published by the Department on its website; and

                     (b)  the application is made within 18 months of the date specified for the natural disaster on the list.

             (2)  For paragraph 46(1)(c) of the Act, the application must be accompanied by the following information or documents:

                     (a)  a statutory declaration stating that the evidence of Australian citizenship has been lost, destroyed or damaged due to the natural disaster;

                     (b)  if the evidence of Australian citizenship is damaged—the damaged evidence of Australian citizenship.

Note:          No fee is payable for an application to which this regulation applies (see Schedule 3).

12A  Fees to accompany applications

             (1)  For paragraph 46(1)(d) of the Act, the fee to accompany an application under a provision of the Act is the sum of:

                     (a)  the amount (the Schedule 3 amount) set out in Schedule 3 for the application; and

                     (b)  if the Schedule 3 amount, or part of the Schedule 3 amount, is paid by credit card (other than a payment made in New Zealand currency or Singaporean currency)—the following amount (the credit card surcharge):

                              (i)  for payment by Visa or MasterCard credit card—0.98% of so much of the Schedule 3 amount as is paid by credit card;

                             (ii)  for payment by American Express or Japan Credit Bureau (JCB) credit card—1.4% of so much of the Schedule 3 amount as is paid by credit card;

                            (iii)  for payment by Diners Club International credit card—1.99% of so much of the Schedule 3 amount as is paid by credit card; and

                     (c)  if the Schedule 3 amount, or part of the Schedule 3 amount, is paid by the PayPal system (other than a payment made in New Zealand currency or Singaporean currency)—the amount (the PayPal surcharge) of 1% of so much of the Schedule 3 amount as is paid by the PayPal system.

             (2)  Payment of the fee to accompany the application must be made in a place, being Australia or a foreign country, that is mentioned in the places and currencies instrument.

Note:          Foreign country is defined in section 2B of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

             (3)  The payment must also be made in a currency mentioned in the places and currencies instrument as a currency in which a fee may be paid in that place.

             (4)  If the currency in which the amount is to be paid is a currency for which an amount corresponding to the amount of the fee in Australian dollars is mentioned in the conversion instrument, the amount of the payment is to be worked out in accordance with the amount mentioned in the instrument that corresponds to the amount of the fee in Australian dollars.

             (5)  If the currency in which the amount is to be paid is not a currency for which an amount corresponding to the amount of the fee in Australian dollars is mentioned in the conversion instrument, the amount of the payment is to be worked out using the formula:

                  

where:

AUD means the amount of the fee in Australian dollars.

CER means the highest exchange rate that is lawfully obtainable on a commercial basis for the purchase in the foreign country of Australian currency with the currency of the foreign country in a period that:

                     (a)  begins:

                              (i)  on the day when this subregulation commences; or

                             (ii)  on any subsequent day when the rate increases or decreases by at least 5%; and

                     (b)  ends at the end of each day before another period begins.

             (6)  If the amount worked out by the formula cannot be paid wholly in banknotes of a country, the corresponding amount is the amount rounded up to the nearest larger amount that is payable wholly in banknotes of the country.

             (7)  In this regulation:

conversion instrument means the instrument titled Payment of Visa Application Charges and Fees in Foreign Currencies (IMMI 16/035) that commenced on 1 July 2016.

places and currencies instrument means the instrument titled Places and Currencies for Paying of Fees (IMMI 16/036) that commenced on 1 July 2016.

13  Refund of fees under subsection 46(3) of the Act

             (1)  The Minister may refund the whole or part of a fee that is payable under section 46 of the Act in relation to an application made under section 16, 19C, 21 or 29 of the Act in any of the following circumstances:

                     (a)  a person has previously made an application under the same section and a decision on that application has not been made;

                     (b)  a person has made an application as a result of incorrect advice given by the Department;

                     (c)  a person is an Australian citizen;

                     (d)  a person has paid an incorrect fee.

             (2)  The Minister may refund the whole or part of a fee payable under section 46 of the Act in relation to an application made under section 33 of the Act in either of the following circumstances:

                     (a)  a person has previously made an application under the same section and a decision on that application has not been made;

                     (b)  a person has made an application as a result of incorrect advice given by the Department.

             (3)  The Minister may refund the whole or part of a fee payable under section 46 of the Act in relation to an application made under section 37 of the Act in any of the following circumstances:

                     (a)  a person has previously made an application under the same section and a decision on that application has not been made;

                     (b)  a person has made an application mentioned in paragraph (a) as a result of incorrect advice given by the Department;

                     (c)  a person has already been given evidence of his or her Australian Citizenship, but a departmental error was made which resulted in an error in the information provided in the evidence.

             (4)  If a person:

                     (a)  made an application under section 21 of the Act; and

                     (b)  claimed eligibility in that application on the basis of the criteria in subsection 21(2) of the Act; and

                     (c)  paid the amount specified in item 14 of Schedule 3; and

                     (d)  does not satisfy the criteria in subsection 21(2) of the Act because he or she did not sit a test as described in paragraph 21(2A)(a) of the Act;

the Minister may refund $20 of the fee payable under section 46 of the Act in relation to the application (which is the component of the fee that relates to the sitting of a test of that kind).

          (4A)  If the Minister refunds $20 in relation to a fee under subregulation (4), and the fee included a credit card surcharge or PayPal surcharge, the Minister must also refund the proportion of the surcharge that is equal to the proportion that $20 is of the Schedule 3 amount included in the fee.

             (5)  If a person:

                     (a)  made an application under section 21 of the Act; and

                     (b)  claimed eligibility in that application on the basis of the criteria in subsection 21(2) of the Act; and

                     (c)  paid the amount specified in item 14A of Schedule 3; and

                     (d)  does not satisfy the criteria in subsection 21(2) of the Act because he or she did not sit a test as described in paragraph 21(2A)(a) of the Act;

the Minister may refund $105 of the fee payable under section 46 of the Act in relation to the application (which is the component of the fee that relates to the sitting of a test of that kind).

          (5A)  If the Minister refunds $105 in relation to a fee under subregulation (5), and the fee included a credit card surcharge or PayPal surcharge, the Minister must also refund the proportion of the surcharge that is equal to the proportion that $105 is of the Schedule 3 amount included in the fee.

             (6)  A refund under this regulation may be paid:

                     (a)  in Australian currency; or

                     (b)  if the amount in respect of which the refund is being paid was paid in another currency, in that other currency.

14  Form of notice under section 47 of the Act

                   For subsection 47(4) of the Act, the Minister must give notice of a decision under the Act, by:

                     (a)  personal delivery; or

                     (b)  prepaid post to the last address given to the Department; or

                     (c)  electronic means.

Part 4—Transitional arrangements

  

20  Operation of Part 4

                   This Part makes transitional arrangements in relation to amendments of these Regulations.

21  Transitional arrangements—amendments made by Migration Legislation Amendment Regulation 2012 (No. 2)

                   The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment Regulations 2012 (No. 2) apply in relation to an application made under Division 2, 3 or 4 of Part 2 of the Act on or after 1 July 2012.

22  Transitional arrangements—amendments made by Migration Legislation Amendment Regulation 2012 (No. 5)

                   The amendments of these Regulations made by Schedule 8 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to an application made under Division 2, 3 or 4 of Part 2 of the Act on or after 1 January 2013.

25  Amendments made by the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014

             (1)  The amendment of these Regulations made by Schedule 4 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 applies in relation to an application made under Division 2, 3 or 4 of Part 2 of the Act on or after 1 July 2014.

             (2)  The amendments of these Regulations made by items 2 to 8 of Schedule 6 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to an application made under Division 2 of Part 2 of the Act on or after 1 July 2014.

26  Amendments made by the Australian Citizenship Amendment (Credit Card Surcharge) Regulation 2014

                   The amendments of these Regulations made by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Credit Card Surcharge) Regulation 2014 apply in relation to an application made under Division 2, 3 or 4 of Part 2 of the Act on or after 23 August 2014.

27  Amendments made by the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014

             (1)  The amendments of these Regulations made by item 1 of Schedule 6 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to the following applications made under the Australian Citizenship Act 2007:

                     (a)  an application made under section 19C of the Act, but not finally determined, before the commencement of the item;

                     (b)  an application made under section 19C of the Act on or after the commencement of the item.

             (2)  The amendments of these Regulations made by item 2 of Schedule 6 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to an application made under Division 2, 3 or 4 of Part 2 of the Australian Citizenship Act 2007 on or after 3 November 2014.

             (3)  The amendments of these Regulations made by item 3 of Schedule 6 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to an application made under Division 2, 3 or 4 of Part 2 of the Australian Citizenship Act 2007 on or after 1 January 2015.

28  Amendments made by the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015

             (1)  The amendments of these Regulations made by Schedule 3 to the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015 apply in relation to an application made under Division 2, 3 or 4 of Part 2 of the Australian Citizenship Act 2007 on or after 1 July 2015.

             (2)  The amendments of these Regulations made by Schedule 4 to the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015 apply in relation to an application made under section 37 of the Australian Citizenship Act 2007 on or after 1 July 2015.

29  Amendments made by the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015

                   The amendments of these Regulations made by Schedule 8 and Schedule 9 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to an application made under a provision of the Australian Citizenship Act 2007 on or after 1 January 2016.

Note:          Schedules 8 and 9 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 commence on 1 January 2016.

30  Amendments made by the Migration Legislation Amendment (2016 Measures No. 2) Regulation 2016

                   The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment (2016 Measures No. 2) Regulation 2016 apply in relation to an application made under the Australian Citizenship Act 2007 on or after 1 July 2016.

Note:          Schedule 2 to the Migration Legislation Amendment (2016 Measures No. 2) Regulation 2016 commences on 1 July 2016.

31  Amendments made by the Migration Legislation Amendment (2016 Measures No. 3) Regulation 2016

             (1)  The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment (2016 Measures No. 3) Regulation 2016 apply in relation to applications made under a provision of the Act on or after 10 September 2016.

             (2)  The amendments of these Regulations made by Schedule 3 to the Migration Legislation Amendment (2016 Measures No. 3) Regulation 2016 apply in relation to applications made under a provision of the Act on or after 10 September 2016.

Schedule 1—Preamble for citizenship ceremony

(regulation 8)

  

Australian citizenship represents full and formal membership of the community of the Commonwealth of Australia, and Australian citizenship is a common bond, involving reciprocal rights and obligations, uniting all Australians, while respecting their diversity.

Persons on whom Australian citizenship is conferred enjoy these rights and undertake to accept these obligations:

     (a)     by pledging loyalty to Australia and its people;

     (b)     by sharing their democratic beliefs;

     (c)     by respecting their rights and liberties; and

     (d)     by upholding and obeying the laws of Australia.

Schedule 2—Form of notice

(regulation 10)

  

COMMONWEALTH OF AUSTRALIA

Australian Citizenship Act 2007

Australian Citizenship

(full name of citizen)

born on (date of citizen’s birth)

I, the Minister administering the Australian Citizenship Act 2007, give notice that the abovenamed is an Australian citizen and that citizenship was acquired on (date of acquisition or birth).

(Signature or printed or stamped signature of the Minister)

MINISTER FOR IMMIGRATION AND CITIZENSHIP

(Signature of presiding officer)

Dated:

Evidence No:

Note 1:       If desired, a presiding officer may sign his or her signature where indicated above. However, a presiding officer may only sign the form when a person acquires citizenship by conferral after making the pledge of commitment in accordance with section 27 of the Act before that presiding officer.

Note 2:       If relevant, the following information in relation to the person named in this notice may be listed on the back of this notice, along with the signature, or printed or stamped signature, of the Minister:

(a)    the person’s legal name at the time of acquisition of Australian citizenship, if different from the person’s current legal name;

(b)    the date of any notice of evidence of Australian citizenship previously given to the person;

(c)    any other name in which a notice of evidence of Australian citizenship has previously been given to the person;

(d)    any other date of birth in which a notice of evidence of Australian citizenship has previously been given to the person.

Schedule 3—Amounts to accompany applications

(subregulation 12A(1))

  

 

Item	Application	Amount
1	Applications made at the same time under section 16 of the Act by 2 or more siblings	$230 for the application by the first sibling, and $95 for the applications made by the second and subsequent siblings
2	An application under section 16 of the Act, other than an application mentioned in item 1	$230
3	Applications made at the same time under section 19C of the Act by 2 or more siblings	$230 for the application by the first sibling, and $95 for the applications made by the second and subsequent siblings
4	An application under section 19C of the Act, other than an application mentioned in item 3	$230
5	An application under section 21 of the Act where the applicant has completed at least 90 days service in the permanent forces of the Commonwealth or 90 days National Service under section 26 of the National Service Act 1951 as in force at any time before 26 November 1964	Nil
6	An application under section 21 of the Act where the applicant has entered Australia from the United Kingdom or Malta between 22 September 1947 and 31 December 1967 inclusive, and was a ward of the Minister under the Immigration (Guardianship of Children) Act 1946	Nil
7	An application (the new application) under section 21 of the Act if: (a) the applicant claims eligibility on the basis of the criteria in subsection 21(3) or (4) of the Act; and	Nil
	(b) the applicant previously made an application (the old application) under: (i) subsection 13(1) of the Australian Citizenship Act 1948; or (ii) section 21 of the Act; and (c) after considering the old application, the Minister refused to approve the person becoming an Australian citizen only because the Minister was not satisfied that the applicant met the residence requirement set out in: (i) paragraphs 13(1)(d) and (e) of the Australian Citizenship Act 1948; or (ii) subsection 22(1) of the Act; or (iii) subsection 22(1) of the Act applied by item 5B or subitem 7(8) of Schedule 3 to the Australian Citizenship (Transitionals and Consequentials) Act 2007; or (iv) paragraph 22A(1)(c), (d), (f) or (g) of the Act; or (v) paragraph 22B(1)(c), (d), (f) or (g) of the Act; and (d) the applicant made the new application within 3 months after first becoming able to meet the residence requirement
7A	An application (the new application) under section 21 of the Act if: (a) the applicant claims eligibility on the basis of the criteria in subsection 21(2) of the Act; and (b) the applicant previously made an application (the old application) on or after 1 October 2007; and (c) under the old application, the applicant claimed eligibility on the basis of the criteria in subsection 21(2) of the Act; and	Nil
	(d) after considering the old application, the Minister refused to approve the person becoming an Australian citizen only because the Minister was not satisfied that the applicant met the residence requirement set out in: (i) subsection 22(1) of the Act; or (ii) subsection 22(1) of the Act applied by item 5B of Schedule 3 to the Australian Citizenship (Transitionals and Consequentials) Act 2007; or (iii) paragraph 22A(1)(c), (d), (f) or (g) of the Act; or (iv) paragraph 22B(1)(c), (d),( f) or (g) of the Act; and (e) the applicant made the new application within 3 months after first becoming able to meet the residence requirement
8	An application under section 21 of the Act where the applicant has applied under subsection 21(8) of the Act (statelessness)	Nil
9	An application under section 21 of the Act if: (a) the applicant holds: (i) a pensioner concession card or health care card endorsed by the Human Services Department or Centrelink with 1 of the following codes: PA; SA; WA; or (ii) a pensioner concession card endorsed by the Human Services Department or Centrelink with 1 of the following codes: AGE; CAR; DSP; NS, PPP; SL; WFA; WFD; WFW; WID; YAL; or (iii) a health care card endorsed by the Human Services Department or Centrelink with the code SL; and (b) for an applicant to whom subparagraph (a)(iii) applies—the applicant produces evidence that the applicant has received the SL benefit for at least 46 of the previous 52 weeks; and	$20
	(c) the applicant does not claim eligibility on the basis of the criteria in subsection 21(2) of the Act
10	An application under section 21 of the Act if the applicant: (a) holds a pensioner concession card, endorsed by the Human Services Department or Centrelink, with the code PPS; and (b) produces evidence that the applicant is over 60 years of age; and (c) has been in receipt of PPS for at least 9 months; and (d) does not claim eligibility on the basis of the criteria in subsection 21(2) of the Act	$20
13	An application under section 21 of the Act, if the applicant: (a) holds a pensioner concession card endorsed by the Department of Veterans’ Affairs: (i) for an Age Service, Invalidity Service, or Partner Service pension; or (ii) for an Income Support Supplement; or (iii) with the code AGE; and (b) does not claim eligibility on the basis of the criteria in subsection 21(2) of the Act	$20
14	An application under section 21 of the Act if: (a) the applicant claims eligibility on the basis of the criteria in subsection 21(2) of the Act; and (b) either of the following provisions applies to the applicant: (i) paragraph (a) of item 9; (ii) paragraph (a) of item 13; and (c) if subparagraph (a)(iii) of item 9 applies to the applicant—the applicant meets paragraph (b) of item 9	$40
14A	An application under section 21 of the Act, other than an application mentioned in items 5 to 14 or items 14B to 15D, if the applicant claims eligibility on the basis of the criteria in subsection 21(2) of the Act	$285
14B	An application under section 21 of the Act by a child, under the age of 16, who applies for citizenship at the same time, and on the same form, as a responsible parent	Nil
15	An application under section 21 of the Act, other than an application mentioned in items 5 to 14B or items 15C and 15D	$180
15C	An application (the new application) under section 21 of the Act, other than an application mentioned in items 5, 6, 7A, 14 and 15D, if: (a) the applicant claims eligibility on the basis of the criteria in subsection 21(2) of the Act; and (b) the applicant previously made an application (the old application) on or after 1 October 2007; and (c) under the old application, the applicant sat a test as described in paragraph 21(2A)(a) of the Act; and (d) either of the following provisions applies to the applicant: (i) paragraph (a) of item 9; (ii) paragraph (a) of item 13; and (e) if subparagraph (a)(iii) of item 9 applies to the applicant—the applicant meets paragraph (b) of item 9	$20
15D	An application (the new application) under section 21 of the Act, other than an application mentioned in items 5, 6, 7A, 14 and 15C, if: (a) the applicant claims eligibility on the basis of the criteria in subsection 21(2) of the Act; and (b) the applicant previously made an application (the old application) on or after 1 October 2007; and (c) under the old application, the applicant sat a test as described in paragraph 21(2A)(a) of the Act	$180
16	An application under section 29 of the Act by a child, under the age of 16, who makes an application at the same time and on the same form as a responsible parent	Nil
17	An application under section 29 of the Act, other than an application mentioned in item 16	$210
18	An application under section 33 of the Act	$205
19	An application under section 37 of the Act that is made at the same time and on the same form as an application under section 21 or 29 of the Act	Nil
19A	An application in accordance with section 37 of the Act to which regulation 12AA applies	Nil
20	An application under section 37 of the Act, other than an application mentioned in item 19 or 19A	$190

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

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. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year	Registration	Commencement	Application, saving and transitional provisions
164, 2007	25 June 2007 (F2007L01799)	1 July 2007 (r 2)	—
313, 2007	28 Sept 2007 (F2007L03871)	1 Oct 2007 (r 2)	—
90, 2008	4 June 2008 (F2008L01846)	1 Oct 2007 (r 2)	—
22, 2009	2 Mar 2009 (F2009L00689)	r 3 and Sch 1: 15 Mar 2009 (r 2(a))	r 3
116, 2009	22 June 2009 (F2009L02376)	Sch 1: 27 June 2009 (r 2(a)) Remainder: 1 July 2009 (r 2(b))	r 14 and 15
288, 2009	2 Nov 2009 (F2009L04035)	21 Sept 2009 (r 2)	r 3
330, 2009	27 Nov 2009 (F2009L04337)	1 Jan 2010 (r 2)	r 3
116, 2010	8 June 2010 (F2010L01519)	1 July 2010 (r 2)	r 3
270, 2010	28 Oct 2010 (F2010L02818)	1 Nov 2010 (r 2)	—
297, 2010	25 Nov 2010 (F2010L03085)	1 Jan 2011 (r 2)	r 5
105, 2011	21 June 2011 (F2011L01098)	1 July 2011 (r 2)	r 13–15
120, 2011	30 June 2011 (F2011L01364)	1 July 2011 (r 2)	—
250, 2011	12 Dec 2011 (F2011L02650)	1 Jan 2012 (r 2)	r 5
83, 2012	29 May 2012 (F2012L01099)	1 July 2012 (r 2)	—
256, 2012	23 Nov 2012 (F2012L02236)	Sch 8 and Sch 9: 1 Jan 2013 (r 2(c))	—
82, 2014	16 June 2014 (F2014L00726)	Sch 4, 6 and Sch 8 (item  1): 1 July 2014 (s 2)	—
124, 2014	22 Aug 2014 (F2014L01103)	23 Aug 2014 (s 2)	—
163, 2014	31 Oct 2014 (F2014L01461)	Sch 6 (item 1): 26 Feb 2015 (s 2(1) item 3) Sch 6 (item 2): 3 Nov 2014 (s 2(1) item 4) Sch 6 (item 3): 1 Jan 2015 (s 2(1) item 5) Sch 8 (item 1): 23 Nov 2014 (s 2(1) item 6)	—
103, 2015	29 June 2015 (F2015L00972)	Sch 3, Sch 4 and Sch 10 (item 1): 1 July 2015 (s 2(1) item 1)	—
184, 2015	17 Nov 2015 (F2015L01810)	Sch 8, Sch 9 and Sch 10 (item 1): 1 Jan 2016 (s 2(1) items 6, 7)	—

 

Name	Registration	Commencement	Application, saving and transitional provisions
Migration Legislation Amendment (2016 Measures No. 2) Regulation 2016	9 May 2016 (F2016L00725)	Sch 2 and Sch 3: 1 July 2016 (s 2(1) item 1)	—
Migration Legislation Amendment (2016 Measures No. 3) Regulation 2016	6 Sept 2016 (F2016L01390)	Sch 2 (items 1–9), Sch 3 (items 1–3) and Sch 7 (item 1): 10 Sept 2016 (s 2(1) items 2, 4)	—

 

Endnote 4—Amendment history

 

Provision affected	How affected
Part 1
Part 1 heading...........................	ad No 83, 2012
r 2.............................................	rep LA s 48D
r 3.............................................	rep LA s 48C
r 4.............................................	am No 120, 2011; No 124, 2014; F2016L01390
Part 2
Part 2 heading...........................	ad No 83, 2012
r 6.............................................	am No 163, 2014
r 6A..........................................	ad No 256, 2012
r 11...........................................	am No 270, 2010
Part 3
Part 3 heading...........................	ad No 83, 2012
r 12...........................................	rs No 22, 2009
r 12AA......................................	ad No 103, 2015
r 12A........................................	ad No 22, 2009
	am No 330, 2009; No 116, 2010; No 297, 2010; No 105, 2011; No 250, 2011; No 83, 2012; No 256, 2012; No 82, 2014; No 124, 2014; No 163, 2014; No 103, 2015; No 184, 2015; F2016L00725; F2016L01390
r 13...........................................	am No 313, 2007; No 22, 2009; No 116, 2009; No 124, 2014; F2016L00725; F2016L01390
Part 4
Part 4........................................	ad No 83, 2012
r 20...........................................	ad No 83, 2012
r 21...........................................	ad No 83, 2012
r 22...........................................	ad No 256, 2012
r 25...........................................	ad No 82, 2014
r 26...........................................	ad No 124, 2014
r 27...........................................	ad No 163, 2014
r 28...........................................	ad No 103, 2015
r 29...........................................	ad No 184, 2015
r 30...........................................	ad F2016L00725
r 31...........................................	ad F2016L01390
Schedule 2
Schedule 2................................	am No 105, 2011; No 82, 2014
Schedule 3
Schedule 3 heading...................	rs No 22, 2009; No 124, 2014
Schedule 3................................	am No 313, 2007; No 90, 2008; No 22, 2009; No116, 2009; No 288, 2009; No 105, 2011; No 120, 2011; No 82, 2014; No 124, 2014; No 103, 2015; No 184, 2015