Federal Register of Legislation - Australian Government

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LIN 20/084 Other as made
This instrument authorises and updates the classes of persons who are able to receive the Pledge of Commitment for Australian citizenship and repeals the Australian Citizenship (LIN 19/066: Persons Who May Receive a Pledge of Commitment) Instrument 2019.
Administered by: Home Affairs
Registered 07 Sep 2020
Tabling HistoryDate
Tabled HR06-Oct-2020
Tabled Senate06-Oct-2020
Table of contents.

Commonwealth Coat of Arms of Australia

 

Citizenship (LIN 20/084: Class of Persons Who May Receive a Pledge of Commitment) Instrument 2020

I, Alan Tudge, Minister for Population, Cities and Urban Infrastructure, make the following instrument.

 

Dated: 12 August 2020

 

The Hon Alan Tudge MP

Minister for Population, Cities and Urban Infrastructure, on behalf of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

 

 

 


Contents

1  Name........................................................................................................................................ 1

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

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Repeal....................................................................................................................................... 2

6  Class of persons who may receive a pledge of commitment..................................................... 2

Schedule 1 — Authorised class of persons who may receive a pledge                     3

 

 


1  Name

(1)          This instrument is the Citizenship (LIN 20/084: Class of Persons Who May Receive a Pledge of Commitment) Instrument 2020.

(2)          This instrument may be cited as LIN 20/084.

2  Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

3  Authority

This instrument is made under subsection 27(5) of the Act.

4  Definitions

Note 1:       A number of expressions used in this instrument are defined in section 3 of the Act, including the following:

(a)    Australian citizen;

(b)    entrusted person.

(1)     In this instrument:

Act means the Australian Citizenship Act 2007.

Department means the Department of Home Affairs.

(2)     A term in Column 1 of the following table refers to an Australian Public Service employee classified under the Public Service Classification Rules 2000 as an employee at the level mentioned in Column 2 for the term.

Table 1 – APS employee

 

Item

Column 1

Term

Column 2

Level

1

APS3

APS Level 3

2

APS4

APS Level 4

3

APS5

APS Level 5

4

APS6

APS Level 6

5

EL 1

Executive Level 1

6

EL 2

Executive Level 2

7

SES 1

Senior Executive Band 1

8

SES 2

Senior Executive Band 2

5  Repeal

In accordance with subsection 33(3) of the Act, the instrument Australian Citizenship (LIN 19/066: Persons Who May Receive a Pledge of Commitment) Instrument 2019 (F2019L00045) is repealed.

6  Class of persons who may receive a pledge of commitment

For the purpose of paragraph 27(3)(c) of the Act, a person who belongs to a class of persons mentioned in Schedule 1, is authorised to receive a Pledge of Commitment as a Citizen of the Commonwealth of Australia.


 

Schedule 1 — Authorised class of persons who may receive a pledge

1.             A class of persons consisting of all Members of the House of Representatives of the Parliament of the Commonwealth of Australia, except where the Minister has notified a Member that in the Minister’s opinion the Member has received a pledge, or is likely to receive a pledge, in a way that is:

(a)           contrary to; or

(b)          seeks to circumvent; or

(c)           is contrary to the terms or the intention of;

the Australian Citizenship Ceremonies Code issued by the Australian Government.

2.             A class of persons consisting of a person who is a Member of the Senate of the Parliament of the Commonwealth of Australia.

3.             A class of persons consisting of an entrusted person of the Department who is:

(a)           an Australian citizen; and

(b)          performing duties under, or for the purposes of, the Act; and

(c)           holding, occupying, or performing the duties of a position classified as one of the following:

(i)            the Secretary;

(ii)          SES 3;

(iii)        SES 2;

(iv)        SES 1 in a State or Territory Office;

(v)          in the Citizenship Division:

(A)    SES 1;

(B)    EL2 or EL1;

(C)    APS 6, APS 5 or APS 4.

4.             A class of persons consisting of an entrusted person of the Department who is:

(a)           based in an Australian Diplomatic Mission; and

(b)          an Australian citizen; and

(c)           holding, occupying, or performing the duties of a position within the Department classified as one of the following:

(i)            SES 1, SES 2 or SES 3;

(ii)          EL 1 or EL 2;

(iii)        APS 6.

5.             A class of persons consisting of a person who is an Australian citizen, and who is holding, occupying, or performing the duties of an Australian Diplomatic Consular and Trade Representative in any one of the following positions at an Australian Diplomatic Mission:

(a)          High Commissioner;

(b)          Deputy High Commissioner;

(c)          Ambassador;

(d)          Consul General;

(e)          Chargé d'Affaires;

(f)           Chargé d'Affaires ad interim;

(g)          Consul, at a post, serving as a Senior Australian Diplomatic Representative;

(h)          Trade Commissioner at a post where there is no representative from the Department of Foreign Affairs and Trade or the Department.

6.             A class of persons consisting of a person who is an Australian citizen, and who is holding any one of the following positions:

(a)           in the Australian Capital Territory:

(i)            Member of the Australian Capital Territory Legislative Assembly;

(b)          in New South Wales:

(i)            Lord Mayor of a city;

(ii)          Deputy Lord Mayor of a city;

(iii)        Mayor of a local government council;

(iv)        Deputy Mayor of a local government council;

(v)          General Manager of a local government council;

(vi)        Chief Executive Officer of a local government council;

(vii)      Administrator of a local government council in cases where a local government council has been placed under administration;

(c)           in the Northern Territory:

(i)            Lord Mayor of a city;

(ii)          Deputy Lord Mayor of a city;

(iii)        Principal member of a local government council;

(iv)        Deputy principal member of a local government council;

(v)          Chief Executive Officer of a local government council;

(vi)        Administrator of a local government council in cases where a local government council has been placed under administration;

(d)          in Queensland:

(i)            Lord Mayor of a city;

(ii)          Deputy Lord Mayor of a city;

(iii)        Mayor of a local government council;

(iv)        Deputy Mayor of a local government council;

(v)          Chief Executive Officer of a local government council;

(vi)        Councillor, Brisbane City Council;

(vii)      Administrator of a local government in cases where a local government has been placed under administration;

(viii)    Councillor, Torres Strait Island Regional Council;

(e)           in South Australia:

(i)            Lord Mayor of a city;

(ii)          Deputy Lord Mayor of a city;

(iii)        Mayor of a local government council;

(iv)        Chairperson of a local government council;

(v)          Deputy Mayor of a local government council;

(vi)        Deputy Chairperson of a local government council;

(vii)      Administrator of a Municipality, or a local government council in cases where a Municipality or a local government council has been placed under administration;

(viii)    Chief Executive Officer of a local government council;

(f)           in Tasmania:

(i)            Lord Mayor of a city;

(ii)          Deputy Lord Mayor of a city;

(iii)        Mayor of a local government council;

(iv)        Deputy Mayor of a local government council;

(v)          General Manager of a local government council;

(vi)        Administrator of a local government council in cases where a local government council has been placed under administration;

(g)           in Victoria:

(i)            Lord Mayor of a city;

(ii)          Deputy Lord Mayor of a city;

(iii)        Mayor of a local government council, except the:

(A)        Mayor of the City of Yarra Council; and

(B)         Mayor of the Darebin City Council;

(iv)        Deputy Mayor of a local government council, except the:

(A)        Deputy Mayor of the City of Yarra Council; and

(B)         Deputy Mayor of the Darebin City Council;

(v)          Chief Executive Officer of a local government council, except the:

(A)        Chief Executive Officer of the City of Yarra Council; and

(B)         Chief Executive Officer of the Darebin City Council;

(vi)        General Manager of a local government council, except the:

(A)        General Manager of the City of Yarra Council; and

(B)         General Manager of the Darebin City Council;

(vii)      Governor-in-Council appointed Administrator of a local government council, except the:

(A)        City of Yarra Council; and

(B)         Darebin City Council;

(viii)    Councillor, Robinvale Ward, Swan Hill, Rural City Council;

(ix)        Administrator of a local government council, in cases where a local government council has been placed under administration, except in the:

(A)        City of Yarra Council; and

(B)         Darebin City Council;

(h)          in Western Australia:

(i)            Lord Mayor of a city;

(ii)          Deputy Lord Mayor of a city;

(iii)        Mayor of a city, municipality or town;

(iv)        Deputy Mayor of a city, municipality, shire or town;

(v)          Deputy President of a city, municipality, shire or town;

(vi)        Chief Executive Officer of a city, municipality, shire or town;

(vii)      President of a shire council;

(viii)    Chairman of Commissioners in cases where a local government council has been placed under administration;

(ix)        Administrator of a local government council in cases where a local government council has been placed under administration;

(x)          Councillor, Coastal Ward, Shire of Coorow;

(xi)        Councillor, Shire of East Pilbara;

(xii)      Councillor, Shire of Moora;

(xiii)    Councillor, Leinster Ward, Shire of Leonora;

(xiv)    Councillor, Town of Fitzroy Crossing, Shire of Derby/West Kimberley;

(xv)      Councillor, Town of Kununurra, Shire of Wyndham/East Kimberley;

(xvi)    Councillor, Shire of Ashburton.