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LIN 20/084 Other as amended, taking into account amendments up to Australian Citizenship (Class of Persons Who May Receive a Pledge of Commitment) Amendment (LIN 20/247) Instrument 2020
Administered by: Home Affairs
Registered 14 Jan 2021
Start Date 23 Dec 2020

Commonwealth Coat of Arms of Australia

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

made under subsection 25(7) of the

Australian Citizenship Act 2007

Compilation No. 1

Compilation date:                              23 December 2020

Includes amendments up to:            F2020L01684

Registered:                                         14 January 2021

About this compilation

This compilation

This is a compilation of the Citizenship (LIN 20/084: Class of Persons Who May Receive a Pledge of Commitment) Instrument 2020 that shows the text of the law as amended and in force on 23 December 2020 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

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

Endnotes                                                                                                                                                                8

Endnote 1—About the endnotes                                                                                                        8

Endnote 2—Abbreviation key                                                                                                            9

Endnote 3—Legislation history                                                                                                      10

Endnote 4—Amendment history                                                                                                    11

Endnote 5—Editorial changes                                                                                                         12

 


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.

7.             A class of persons consisting of a person who is a Governor of a State of the Commonwealth of Australia.


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

 

Name

Registration

Commencement

Application, saving and transitional provisions

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

7 Sept 2020 (F2020L01139)

8 Sept 2020 (s 2)

 

Australian Citizenship (Class of Persons Who May Receive a Pledge of Commitment) Amendment (LIN 20/247) Instrument 2020

22 Dec 2020 (F2020L01684)

23 Dec 2020 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

rep LA s 48D

s 5.............................................

rep LA s 48C

Schedule 1

 

c 7.............................................

ad F2020L01684

 

ed C1

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Clause 7 of Schedule 1

Kind of editorial change

Give effect to the misdescribed amendment as intended

Details of editorial change

Schedule 1 item 1 of the Australian Citizenship (Class of Persons Who May Receive a Pledge of Commitment) Amendment (LIN 20/247) Instrument 2020 provides as follows:

1   At the end of section 6

Insert:

7        A class of persons consisting of a person who is a Governor of a State of the Commonwealth of Australia.

However, clause 7 was intended to be inserted at the end of clause 6 of Schedule 1.

This compilation was editorially changed to insert clause 7 at the end of clause 6 of Schedule 1 to give effect to the misdescribed amendment as intended.