{"id":"C2007A00020","name":"Australian Citizenship Act 2007","slug":"australian-citizenship-act-2007","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"20 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7959,"registerId":"commonwealth-C2007A00020-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Australian Citizenship Act 2007.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

15 March 2007

2. Sections 2A to 54

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01653)

3. Schedule 1

At the same time as the provisions covered by table item 2.

1 July 2007

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Simplified outline","content":"#### 2A Simplified outline\n\n The following is a simplified outline of this Act:\n\nWhat this Act covers\n\nThis Act sets out how you become an Australian citizen, the circumstances in which you may cease to be a citizen and some other matters related to citizenship.\n\nBecoming an Australian citizen\n\nThere are a range of ways you can become an Australian citizen.\n\nAcquiring citizenship automatically\n\nGenerally, you become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born.\n\nThere are some other, less common, ways of automatically becoming a citizen.\n\nDivision 1 of Part 2 has details about acquiring citizenship automatically.\n\nAlso, if you were a citizen under the old Act immediately before the day that this section commences, you will continue to be a citizen: see subsection 4(1).\n\nAcquiring citizenship by application\n\nThe other way to become an Australian citizen is to apply to the Minister. This is covered by Division 2 of Part 2\\. There are 4 situations in which you can apply for citizenship.\n\nThe first is citizenship by descent. Generally, you would apply for this if you were born outside Australia and one or both of your parents were Australian citizens when you were born. Citizenship by descent is covered by Subdivision A.\n\nThe second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA.\n\nThe third is citizenship by conferral. Generally, you would need to be a permanent resident and willing to make a pledge of commitment to apply for citizenship by conferral. You may need to successfully complete a citizenship test. There are some less common circumstances in which you can apply for citizenship by conferral. Citizenship by conferral is covered by Subdivision B.\n\nThe fourth is resuming citizenship. In certain cases where you previously ceased to be an Australian citizen, you can apply for your citizenship to resume. Resuming citizenship is covered by Subdivision C.\n\nThe Minister must be satisfied of your identity for you to acquire citizenship by application. Rules about identification are in Division 5 of Part 2.\n\nThe Minister may be required to refuse your application on national security grounds.\n\nCeasing to be an Australian citizen\n\nThere are a number of ways that you can cease to be an Australian citizen.\n\nYou can renounce your citizenship.\n\nIf you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances.\n\nThere are some other, less common, ways of ceasing to be a citizen.\n\nDivision 3 of Part 2 has details about ceasing to be a citizen.\n\nEvidence that a person is an Australian citizen\n\nYou can apply to the Minister for evidence of your Australian citizenship. This is covered by Division 4 of Part 2.","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n In this Act:\n\n> adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> artificial conception procedure includes:\n\n (a) artificial insemination; and\n (b) the implantation of an embryo in the body of a woman.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian citizen has the meaning given by section 4.\n\n> Australian law means a law of the Commonwealth, a State or a Territory.\n\n> bogus document has the same meaning as in subsection 5(1) of the Migration Act 1958.\n\n> child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:\n\n (a) an adopted child, stepchild or exnuptial child of the person;\n (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n\n> citizenship law means:\n\n (a) this Act; and\n (b) the regulations; and\n (c) any legislative instrument made under this Act or the regulations.\n\n> commencement day means the day on which sections 2A to 54 (as originally enacted) commence.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> disclose, in relation to identifying information that is a personal identifier provided under Division 5 of Part 2, includes provide unauthorised access to the personal identifier.\n\n> Note: Section 42 deals with authorised access to identifying information.\n\n> entrusted person means:\n\n (a) the Secretary of the Department; or\n (b) an APS employee in the Department; or\n (c) a person engaged under section 74 of the Public Service Act 1999 by the Secretary of the Department; or\n (d) a person engaged by the Commonwealth, the Minister, the Secretary of the Department, or by an APS employee in the Department, to do work for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act.\n\n> Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> foreign law means a law of a foreign country.\n\n> identifying information means the following:\n\n (a) any personal identifier provided under Division 5 of Part 2;\n (b) any meaningful identifier derived from any such personal identifier;\n (c) any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier;\n (d) any other information derived from:\n (i) any such personal identifier; or\n (ii) any meaningful identifier derived from any such personal identifier; or\n (iii) any record of a kind referred to in paragraph (c);\n that could be used to discover a particular person’s identity or to get information about a particular person.\n\n> national security offence means:\n\n (b) an offence against Division 72 of the Criminal Code; or\n (c) an offence against Part 5.1 of the Criminal Code (treason and related offences) other than section 83.4 (interference with political rights and duties); or\n (ca) an offence against Division 91 of the Criminal Code (espionage); or\n (cb) an offence against Part 5.3 or 5.3A (terrorism), or 5.3B (prohibited hate groups), of the Criminal Code; or\n (d) an offence against the Australian Security Intelligence Organisation Act 1979; or\n (e) an offence against the Intelligence Services Act 2001; or\n (f) an offence covered by a determination in force under section 6A.\n\n> New Guinea:\n\n (a) has the same meaning as the Territory of New Guinea had in the Papua New Guinea Act 1949 immediately before 16 September 1975; and\n (b) in relation to any time before 4 June 1969—includes a reference to the Island of Nauru.\n\n> old Act means the Australian Citizenship Act 1948 as in force at any time before the commencement day.\n\n> ordinarily resident: a person is taken to be ordinarily resident in a country if and only if:\n\n (a) he or she has his or her home in that country; or\n (b) that country is the country of his or her permanent abode even if he or she is temporarily absent from that country.\n However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.\n\n> Papua has the same meaning as the Territory of Papua had in the Papua New Guinea Act 1949 immediately before 16 September 1975.\n\n> permanent resident has the meaning given by section 5.\n\n> permanent visa has the same meaning as in the Migration Act 1958.\n\n> personal identifier has the meaning given by section 10.\n\n> prison includes any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon the person because of that conviction.\n\n> psychiatric institution includes a psychiatric section of a hospital.\n\n> qualified security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> responsible parent has the meaning given by section 6.\n\n> serious offence has the meaning given by subsection 36C(3).\n\n> serious prison sentence means a sentence of imprisonment for a period of at least 12 months.\n\n> serious repeat offender: a person is a serious repeat offender in relation to a serious prison sentence if the sentence was imposed on the person for an offence committed by the person at a time after the person ceased to be confined in prison because of the imposition of another serious prison sentence.\n\n> special category visa has the same meaning as in the Migration Act 1958.\n\n> special purpose visa has the same meaning as in the Migration Act 1958.\n\n> Stateless Persons Convention means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954 \\[1974\\] ATS 20.\n\n> Note: The text of the Convention is set out in Australian Treaty Series 1974 No. 20\\. In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person’s stepchild except that the person is not legally married to the person’s de facto partner.\n\n> unlawful non‑citizen has the same meaning as in the Migration Act 1958.\n\n> visa has the same meaning as in the Migration Act 1958.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Australian citizen","content":"#### 4 Australian citizen\n\n (1) For the purposes of this Act, Australian citizen means a person who:\n (a) is an Australian citizen under Division 1 or 2 of Part 2; or\n (b) satisfies both of the following:\n (i) the person was an Australian citizen under the Australian Citizenship Act 1948 immediately before the commencement day;\n (ii) the person has not ceased to be an Australian citizen under this Act.\n Citizenship under the old Act\n (2) If, under this Act, it is necessary to work out if a person was an Australian citizen at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Permanent resident","content":"#### 5 Permanent resident\n\n (1) For the purposes of this Act, a person is a permanent resident at a particular time if and only if:\n (a) the person is present in Australia at that time and holds a permanent visa at that time; or\n (b) both:\n (i) the person is not present in Australia at that time and holds a permanent visa at that time; and\n (ii) the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia; or\n (c) the person is covered by a determination in force under subsection (2) at that time.\n (2) The Minister may, by legislative instrument, determine that:\n (a) persons who hold a special category visa or a special purpose visa; or\n (b) persons who have held a special category visa; or\n (c) persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands;\n and who satisfy specified requirements are, or are during a specified period, persons to whom this subsection applies.\n Permanent resident under the old Act\n (3) If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Responsible parent","content":"#### 6 Responsible parent\n\n (1) For the purposes of this Act, a person is a responsible parent in relation to a child if and only if:\n (a) the person is a parent of the child except where, because of orders made under the Family Law Act 1975, the person no longer has any parental responsibility for the child; or\n (b) under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or\n (c) under a parenting order the person has parental responsibility for the child’s long‑term or day‑to‑day care, welfare and development (whether or not the person is a parent of the child); or\n (d) the person (whether or not a parent of the child) has guardianship or custody of the child, jointly or otherwise, under an Australian law or a foreign law, whether because of adoption, operation of law, an order of a court or otherwise.\n (1A) In paragraph (1)(a):\n\n> parental responsibility has the same meaning as in Part VII of the Family Law Act 1975.\n\n (2) Expressions used in paragraphs (1)(b) and (c) have the same meaning as in the Family Law Act 1975.","sortOrder":7},{"sectionNumber":"6A","sectionType":"section","heading":"National security offences","content":"#### 6A National security offences\n\n (1) The Minister may, by legislative instrument, determine that:\n (a) an offence against a specified provision of a specified Australian law or a specified foreign law; or\n (b) an offence against an Australian law or a foreign law involving specified conduct;\n is a national security offence for the purposes of paragraph (f) of the definition of national security offence in section 3.\n (2) A determination under subsection (1) applies in relation to:\n (a) applications made under this Act after the determination takes effect; and\n (b) applications made under this Act before the determination takes effect that have not been decided before the determination takes effect.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Children born on ships or aircraft or after death of parent","content":"#### 7 Children born on ships or aircraft or after death of parent\n\n Persons born on ships or aircraft\n (1) For the purposes of this Act:\n (a) a person born on a ship or aircraft registered in Australia or a foreign country is taken to have been born at the place at which the ship or aircraft is registered; and\n (b) a person born on a ship or aircraft not registered in Australia or a foreign country and belonging to the government of a country is taken to have been born in that country.\n Persons born after death of parent\n (2) For the purposes of this Act, the status of a parent of a person at the time of the person’s birth is, for a parent who died before the birth, taken to be the status of the parent when the parent died.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Children born as a result of artificial conception procedures or surrogacy arrangements","content":"#### 8 Children born as a result of artificial conception procedures or surrogacy arrangements\n\n (1) This section applies if a child is:\n (a) a child of a person under section 60H or 60HB of the Family Law Act 1975; and\n (b) either:\n (i) a child of the person’s spouse or de facto partner under that section; or\n (ii) a biological child of the person’s spouse or de facto partner.\n (2) The child is taken for the purposes of this Act:\n (a) to be the child of the person and the spouse or de facto partner; and\n (b) not to be the child of anyone else.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Confinement in prison or psychiatric institution","content":"#### 9 Confinement in prison or psychiatric institution\n\n Confinement in prison\n (1) For the purposes of this Act, the period during which a person is confined to a prison includes a period:\n (a) during which the person is an escapee from the prison; or\n (b) during which the person is undergoing a sentence of periodic detention in the prison.\n (2) For the purposes of this Act, the period during which a person is confined to a prison does not include a period during which the person has been so confined by reason only of the person serving a sentence relating to a conviction that is later quashed.\n Confinement in psychiatric institution\n (3) For the purposes of this Act, the period during which a person is confined in a psychiatric institution by order of a court includes a period during which the person is an escapee from the institution.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Personal identifiers","content":"#### 10 Personal identifiers\n\n (1) For the purposes of this Act, a personal identifier is any of the following (including any of the following in digital form):\n (a) fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies);\n (b) a measurement of a person’s height and weight;\n (c) a photograph or other image of a person’s face;\n\nNote: See section 10A.\n\n (d) an iris scan;\n (e) a person’s signature;\n (f) any other identifier prescribed by the regulations (except an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914).\n (2) Before the Governor‑General makes regulations for the purposes of paragraph (1)(f) prescribing an identifier, the Minister must be satisfied that:\n (a) obtaining the identifier would not involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914; and\n (b) the identifier is an image of, or a measurement or recording of, an external part of the body; and\n (c) obtaining the identifier is necessary for either or both of the following purposes:\n (i) assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2 or seeking to sit a test approved in a determination under section 23A;\n (ii) combating document and identity fraud in citizenship matters;","sortOrder":12},{"sectionNumber":"10A","sectionType":"section","heading":"References to photograph or other image of person’s face","content":"#### 10A References to photograph or other image of person’s face\n\n A reference in the citizenship law to a photograph or other image of a person’s face includes a reference to a photograph or other image of:\n (a) the person’s face and all or part of the person’s neck; or\n (b) the person’s face and neck and all or part of the person’s shoulders.","sortOrder":13},{"sectionNumber":"10B","sectionType":"section","heading":"Providing photographs and other images of faces to the Minister or authorised persons","content":"#### 10B Providing photographs and other images of faces to the Minister or authorised persons\n\n (1) This section applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to the Minister; and\n (b) for the purposes of that requirement:\n (i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (2) This section also applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to a person mentioned in paragraph 40(1)(d) or (e); and\n (b) for the purposes of that requirement:\n (i) the person provides to a person mentioned in paragraph 40(1)(d) or (e) (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (3) For the purposes of the citizenship law, the person is taken to provide the derived image to the recipient for the purposes of the requirement mentioned in paragraph (1)(a) or (2)(a) of this section.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Operation of Act","content":"#### 11 Operation of Act\n\n External Territories\n (1) This Act extends to the external Territories.\n Application outside Australia\n (2) This Act extends unless the contrary intention appears:\n (a) to acts, omissions, matters and things outside Australia; and\n (b) to all persons, irrespective of their nationality or citizenship.\n State and Territory laws\n (3) It is the intention of the Parliament that this Act apply to the exclusion of any provisions of a law of a State or Territory that provide for Australian citizenship (whether the law was made before or after the commencement day).","sortOrder":15},{"sectionNumber":"Part 2","sectionType":"part","heading":"Australian citizenship","content":"An Act relating to Australian citizenship\n\nPreamble\n\n The Parliament recognises that 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.\n The Parliament recognises that persons conferred Australian citizenship enjoy these rights and undertake to accept these obligations:\n (a) by pledging loyalty to Australia and its people; and\n (b) by sharing their democratic beliefs; and\n (c) by respecting their rights and liberties; and\n (d) by upholding and obeying the laws of Australia.\n\nThe Parliament of Australia enacts:\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Citizenship Act 2007.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

15 March 2007

2. Sections 2A to 54

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01653)

3. Schedule 1

At the same time as the provisions covered by table item 2.

1 July 2007

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 2A Simplified outline\n\n The following is a simplified outline of this Act:\n\nWhat this Act covers\n\nThis Act sets out how you become an Australian citizen, the circumstances in which you may cease to be a citizen and some other matters related to citizenship.\n\nBecoming an Australian citizen\n\nThere are a range of ways you can become an Australian citizen.\n\nAcquiring citizenship automatically\n\nGenerally, you become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born.\n\nThere are some other, less common, ways of automatically becoming a citizen.\n\nDivision 1 of Part 2 has details about acquiring citizenship automatically.\n\nAlso, if you were a citizen under the old Act immediately before the day that this section commences, you will continue to be a citizen: see subsection 4(1).\n\nAcquiring citizenship by application\n\nThe other way to become an Australian citizen is to apply to the Minister. This is covered by Division 2 of Part 2\\. There are 4 situations in which you can apply for citizenship.\n\nThe first is citizenship by descent. Generally, you would apply for this if you were born outside Australia and one or both of your parents were Australian citizens when you were born. Citizenship by descent is covered by Subdivision A.\n\nThe second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA.\n\nThe third is citizenship by conferral. Generally, you would need to be a permanent resident and willing to make a pledge of commitment to apply for citizenship by conferral. You may need to successfully complete a citizenship test. There are some less common circumstances in which you can apply for citizenship by conferral. Citizenship by conferral is covered by Subdivision B.\n\nThe fourth is resuming citizenship. In certain cases where you previously ceased to be an Australian citizen, you can apply for your citizenship to resume. Resuming citizenship is covered by Subdivision C.\n\nThe Minister must be satisfied of your identity for you to acquire citizenship by application. Rules about identification are in Division 5 of Part 2.\n\nThe Minister may be required to refuse your application on national security grounds.\n\nCeasing to be an Australian citizen\n\nThere are a number of ways that you can cease to be an Australian citizen.\n\nYou can renounce your citizenship.\n\nIf you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances.\n\nThere are some other, less common, ways of ceasing to be a citizen.\n\nDivision 3 of Part 2 has details about ceasing to be a citizen.\n\nEvidence that a person is an Australian citizen\n\nYou can apply to the Minister for evidence of your Australian citizenship. This is covered by Division 4 of Part 2.\n\n#### 3 Definitions\n\n In this Act:\n\n> adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> artificial conception procedure includes:\n\n (a) artificial insemination; and\n (b) the implantation of an embryo in the body of a woman.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian citizen has the meaning given by section 4.\n\n> Australian law means a law of the Commonwealth, a State or a Territory.\n\n> bogus document has the same meaning as in subsection 5(1) of the Migration Act 1958.\n\n> child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:\n\n (a) an adopted child, stepchild or exnuptial child of the person;\n (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n\n> citizenship law means:\n\n (a) this Act; and\n (b) the regulations; and\n (c) any legislative instrument made under this Act or the regulations.\n\n> commencement day means the day on which sections 2A to 54 (as originally enacted) commence.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> disclose, in relation to identifying information that is a personal identifier provided under Division 5 of Part 2, includes provide unauthorised access to the personal identifier.\n\n> Note: Section 42 deals with authorised access to identifying information.\n\n> entrusted person means:\n\n (a) the Secretary of the Department; or\n (b) an APS employee in the Department; or\n (c) a person engaged under section 74 of the Public Service Act 1999 by the Secretary of the Department; or\n (d) a person engaged by the Commonwealth, the Minister, the Secretary of the Department, or by an APS employee in the Department, to do work for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act.\n\n> Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> foreign law means a law of a foreign country.\n\n> identifying information means the following:\n\n (a) any personal identifier provided under Division 5 of Part 2;\n (b) any meaningful identifier derived from any such personal identifier;\n (c) any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier;\n (d) any other information derived from:\n (i) any such personal identifier; or\n (ii) any meaningful identifier derived from any such personal identifier; or\n (iii) any record of a kind referred to in paragraph (c);\n that could be used to discover a particular person’s identity or to get information about a particular person.\n\n> national security offence means:\n\n (b) an offence against Division 72 of the Criminal Code; or\n (c) an offence against Part 5.1 of the Criminal Code (treason and related offences) other than section 83.4 (interference with political rights and duties); or\n (ca) an offence against Division 91 of the Criminal Code (espionage); or\n (cb) an offence against Part 5.3 or 5.3A (terrorism), or 5.3B (prohibited hate groups), of the Criminal Code; or\n (d) an offence against the Australian Security Intelligence Organisation Act 1979; or\n (e) an offence against the Intelligence Services Act 2001; or\n (f) an offence covered by a determination in force under section 6A.\n\n> New Guinea:\n\n (a) has the same meaning as the Territory of New Guinea had in the Papua New Guinea Act 1949 immediately before 16 September 1975; and\n (b) in relation to any time before 4 June 1969—includes a reference to the Island of Nauru.\n\n> old Act means the Australian Citizenship Act 1948 as in force at any time before the commencement day.\n\n> ordinarily resident: a person is taken to be ordinarily resident in a country if and only if:\n\n (a) he or she has his or her home in that country; or\n (b) that country is the country of his or her permanent abode even if he or she is temporarily absent from that country.\n However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.\n\n> Papua has the same meaning as the Territory of Papua had in the Papua New Guinea Act 1949 immediately before 16 September 1975.\n\n> permanent resident has the meaning given by section 5.\n\n> permanent visa has the same meaning as in the Migration Act 1958.\n\n> personal identifier has the meaning given by section 10.\n\n> prison includes any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon the person because of that conviction.\n\n> psychiatric institution includes a psychiatric section of a hospital.\n\n> qualified security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> responsible parent has the meaning given by section 6.\n\n> serious offence has the meaning given by subsection 36C(3).\n\n> serious prison sentence means a sentence of imprisonment for a period of at least 12 months.\n\n> serious repeat offender: a person is a serious repeat offender in relation to a serious prison sentence if the sentence was imposed on the person for an offence committed by the person at a time after the person ceased to be confined in prison because of the imposition of another serious prison sentence.\n\n> special category visa has the same meaning as in the Migration Act 1958.\n\n> special purpose visa has the same meaning as in the Migration Act 1958.\n\n> Stateless Persons Convention means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954 \\[1974\\] ATS 20.\n\n> Note: The text of the Convention is set out in Australian Treaty Series 1974 No. 20\\. In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person’s stepchild except that the person is not legally married to the person’s de facto partner.\n\n> unlawful non‑citizen has the same meaning as in the Migration Act 1958.\n\n> visa has the same meaning as in the Migration Act 1958.\n\n#### 4 Australian citizen\n\n (1) For the purposes of this Act, Australian citizen means a person who:\n (a) is an Australian citizen under Division 1 or 2 of Part 2; or\n (b) satisfies both of the following:\n (i) the person was an Australian citizen under the Australian Citizenship Act 1948 immediately before the commencement day;\n (ii) the person has not ceased to be an Australian citizen under this Act.\n Citizenship under the old Act\n (2) If, under this Act, it is necessary to work out if a person was an Australian citizen at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 5 Permanent resident\n\n (1) For the purposes of this Act, a person is a permanent resident at a particular time if and only if:\n (a) the person is present in Australia at that time and holds a permanent visa at that time; or\n (b) both:\n (i) the person is not present in Australia at that time and holds a permanent visa at that time; and\n (ii) the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia; or\n (c) the person is covered by a determination in force under subsection (2) at that time.\n (2) The Minister may, by legislative instrument, determine that:\n (a) persons who hold a special category visa or a special purpose visa; or\n (b) persons who have held a special category visa; or\n (c) persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands;\n and who satisfy specified requirements are, or are during a specified period, persons to whom this subsection applies.\n Permanent resident under the old Act\n (3) If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 6 Responsible parent\n\n (1) For the purposes of this Act, a person is a responsible parent in relation to a child if and only if:\n (a) the person is a parent of the child except where, because of orders made under the Family Law Act 1975, the person no longer has any parental responsibility for the child; or\n (b) under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or\n (c) under a parenting order the person has parental responsibility for the child’s long‑term or day‑to‑day care, welfare and development (whether or not the person is a parent of the child); or\n (d) the person (whether or not a parent of the child) has guardianship or custody of the child, jointly or otherwise, under an Australian law or a foreign law, whether because of adoption, operation of law, an order of a court or otherwise.\n (1A) In paragraph (1)(a):\n\n> parental responsibility has the same meaning as in Part VII of the Family Law Act 1975.\n\n (2) Expressions used in paragraphs (1)(b) and (c) have the same meaning as in the Family Law Act 1975.\n\n#### 6A National security offences\n\n (1) The Minister may, by legislative instrument, determine that:\n (a) an offence against a specified provision of a specified Australian law or a specified foreign law; or\n (b) an offence against an Australian law or a foreign law involving specified conduct;\n is a national security offence for the purposes of paragraph (f) of the definition of national security offence in section 3.\n (2) A determination under subsection (1) applies in relation to:\n (a) applications made under this Act after the determination takes effect; and\n (b) applications made under this Act before the determination takes effect that have not been decided before the determination takes effect.\n\n#### 7 Children born on ships or aircraft or after death of parent\n\n Persons born on ships or aircraft\n (1) For the purposes of this Act:\n (a) a person born on a ship or aircraft registered in Australia or a foreign country is taken to have been born at the place at which the ship or aircraft is registered; and\n (b) a person born on a ship or aircraft not registered in Australia or a foreign country and belonging to the government of a country is taken to have been born in that country.\n Persons born after death of parent\n (2) For the purposes of this Act, the status of a parent of a person at the time of the person’s birth is, for a parent who died before the birth, taken to be the status of the parent when the parent died.\n\n#### 8 Children born as a result of artificial conception procedures or surrogacy arrangements\n\n (1) This section applies if a child is:\n (a) a child of a person under section 60H or 60HB of the Family Law Act 1975; and\n (b) either:\n (i) a child of the person’s spouse or de facto partner under that section; or\n (ii) a biological child of the person’s spouse or de facto partner.\n (2) The child is taken for the purposes of this Act:\n (a) to be the child of the person and the spouse or de facto partner; and\n (b) not to be the child of anyone else.\n\n#### 9 Confinement in prison or psychiatric institution\n\n Confinement in prison\n (1) For the purposes of this Act, the period during which a person is confined to a prison includes a period:\n (a) during which the person is an escapee from the prison; or\n (b) during which the person is undergoing a sentence of periodic detention in the prison.\n (2) For the purposes of this Act, the period during which a person is confined to a prison does not include a period during which the person has been so confined by reason only of the person serving a sentence relating to a conviction that is later quashed.\n Confinement in psychiatric institution\n (3) For the purposes of this Act, the period during which a person is confined in a psychiatric institution by order of a court includes a period during which the person is an escapee from the institution.\n\n#### 10 Personal identifiers\n\n (1) For the purposes of this Act, a personal identifier is any of the following (including any of the following in digital form):\n (a) fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies);\n (b) a measurement of a person’s height and weight;\n (c) a photograph or other image of a person’s face;\n\nNote: See section 10A.\n\n (d) an iris scan;\n (e) a person’s signature;\n (f) any other identifier prescribed by the regulations (except an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914).\n (2) Before the Governor‑General makes regulations for the purposes of paragraph (1)(f) prescribing an identifier, the Minister must be satisfied that:\n (a) obtaining the identifier would not involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914; and\n (b) the identifier is an image of, or a measurement or recording of, an external part of the body; and\n (c) obtaining the identifier is necessary for either or both of the following purposes:\n (i) assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2 or seeking to sit a test approved in a determination under section 23A;\n (ii) combating document and identity fraud in citizenship matters;\n\n#### 10A References to photograph or other image of person’s face\n\n A reference in the citizenship law to a photograph or other image of a person’s face includes a reference to a photograph or other image of:\n (a) the person’s face and all or part of the person’s neck; or\n (b) the person’s face and neck and all or part of the person’s shoulders.\n\n#### 10B Providing photographs and other images of faces to the Minister or authorised persons\n\n (1) This section applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to the Minister; and\n (b) for the purposes of that requirement:\n (i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (2) This section also applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to a person mentioned in paragraph 40(1)(d) or (e); and\n (b) for the purposes of that requirement:\n (i) the person provides to a person mentioned in paragraph 40(1)(d) or (e) (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (3) For the purposes of the citizenship law, the person is taken to provide the derived image to the recipient for the purposes of the requirement mentioned in paragraph (1)(a) or (2)(a) of this section.\n\n#### 11 Operation of Act\n\n External Territories\n (1) This Act extends to the external Territories.\n Application outside Australia\n (2) This Act extends unless the contrary intention appears:\n (a) to acts, omissions, matters and things outside Australia; and\n (b) to all persons, irrespective of their nationality or citizenship.\n State and Territory laws\n (3) It is the intention of the Parliament that this Act apply to the exclusion of any provisions of a law of a State or Territory that provide for Australian citizenship (whether the law was made before or after the commencement day).\n\n## Part 2—Australian citizenship\n\n### Division 1—Automatic acquisition of Australian citizenship\n\n#### 11A Simplified outline\n\n The following is a simplified outline of this Division:\n\nThe most common way you become an Australian citizen under this Division is by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of your birth.\n\nThere are some other, less common, ways of becoming an Australian citizen under this Division. These cover:\n\n• citizenship by being born in Australia and by being ordinarily resident in Australia for the next 10 years: see section 12; and\n\n• citizenship by adoption: see section 13; and\n\n• citizenship for abandoned children: see section 14; and\n\n• citizenship by incorporation of territory: see section 15.\n\n#### 12 Citizenship by birth\n\n (1) A person born in Australia is an Australian citizen if and only if:\n (a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or\n (b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.\n Enemy occupation\n (2) However, a person is not an Australian citizen under this section if, at the time the person is born:\n (a) a parent of the person is an enemy alien; and\n (b) the place of the birth is under occupation by the enemy;\n unless, at that time, the other parent of the person:\n (c) is an Australian citizen or a permanent resident; and\n (d) is not an enemy alien.\n\n#### 13 Citizenship by adoption\n\n A person is an Australian citizen if the person is:\n (a) adopted under a law in force in a State or Territory; and\n (b) adopted by a person who is an Australian citizen at the time of the adoption or by 2 persons jointly at least one of whom is an Australian citizen at that time; and\n (c) present in Australia as a permanent resident at that time.\n\n#### 14 Citizenship for abandoned children\n\n A person is an Australian citizen if the person is found abandoned in Australia as a child, unless and until the contrary is proved.\n\n#### 15 Citizenship by incorporation of Territory\n\n (1) A person is an Australian citizen if:\n (a) any territory becomes a part of Australia; and\n (b) the person is included in a class of persons specified in a determination under this section.\n Determination\n (2) The Minister may, by legislative instrument, determine that specified classes of persons are Australian citizens from a specified day because of their connection with that territory.\n Day citizenship begins\n (3) The person becomes an Australian citizen on that day.\n Retrospective application of instruments\n (4) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the instrument.\n\n### Division 2—Acquisition of Australian citizenship by application\n\n#### Subdivision A—Citizenship by descent\n\n#### 15A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 2 situations:\n\n• you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth: see subsection 16(2); or\n\n• you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949: see subsection 16(3).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 17(3); or\n\n• national security: see subsections 17(4) to (4B); or\n\n• cessation of citizenship: see subsection 17(5).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\nYou 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.\n\n#### 16 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Persons born outside Australia on or after 26 January 1949\n (2) A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person was an Australian citizen at the time of the birth; and\n (b) if the parent was an Australian citizen under this Subdivision or Subdivision AA, or section 10B, 10C or 11 of the old Act (about citizenship by descent), at the time of the birth:\n (i) the parent has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the person made the application; or\n (ii) the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n Persons born outside Australia or New Guinea before 26 January 1949\n (3) A person born outside Australia or New Guinea before 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person became an Australian citizen on 26 January 1949; and\n (b) the parent was born in Australia or New Guinea or was naturalised in Australia before the person’s birth; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 17 Minister’s decision\n\n (1) If a person makes an application under section 16, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n (2) Subject to this section, the Minister must approve the person becoming an Australian citizen if the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 16, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) at the time of the person’s birth, the person had a parent who was an Australian citizen.\n Cessation of citizenship\n (5) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 18 Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19 Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### 19A When a person does not become a citizen despite the Minister’s approval\n\n Despite section 19, a person does not become an Australian citizen under this Subdivision, even if the Minister approves the person becoming an Australian citizen, unless:\n (a) if the person was born on or after 26 January 1949—a parent of the person was an Australian citizen at the time of the person’s birth; or\n (b) if the person was born before 26 January 1949—a parent of the person became an Australian citizen on 26 January 1949.\n\n#### Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n\n#### 19B Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia by at least one Australian citizen in accordance with:\n\n(a) the Hague Convention on Intercountry Adoption; or\n\n(b) a bilateral arrangement.\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 19D(4); or\n\n• national security: see subsections 19D(5) to (7A); or\n\n• cessation of citizenship: see subsection 19D(8).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\n#### 19C Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Eligibility\n (2) A person (the applicant) is eligible to become an Australian citizen if:\n (a) the applicant is adopted in a Convention country or a prescribed overseas jurisdiction by:\n (i) a person (the adopter) who is an Australian citizen at time of the adoption; or\n (ii) 2 persons jointly, only one of whom (the adopter) is an Australian citizen at the time of the adoption; or\n (iii) 2 persons jointly, both of whom (the adopters) are Australian citizens at the time of the adoption; and\n (b) an adoption compliance certificate issued in that country is in force for the adoption; and\n (c) under the Intercountry Adoption regulations or the Bilateral Arrangements regulations, as applicable, the adoption is recognised and effective for the laws of the Commonwealth and each State and Territory; and\n (d) the legal relationship between the applicant and the individuals who were, immediately before the adoption, the applicant’s parents has been terminated; and\n (e) if subparagraph (a)(i) or (ii) applies and the adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—the adopter satisfies subsection (3); and\n (f) if subparagraph (a)(iii) applies and each adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—either or both of the adopters satisfy subsection (3); and\n (g) if the applicant is aged 18 or over at the time the applicant made the application—the Minister is satisfied that the applicant is of good character at the time of the Minister’s decision on the application.\n (3) An adopter satisfies this subsection if the adopter has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the applicant made the application.\n Definitions\n (4) In this section:\n\n> adoption compliance certificate:\n\n (a) for an adoption in accordance with the Hague Convention on Intercountry Adoption—has the same meaning as in the Intercountry Adoption regulations; and\n (b) for an adoption in accordance with a bilateral arrangement—has the same meaning as in the Bilateral Arrangements regulations.\n\n> Bilateral Arrangements regulations means prescribed regulations made under the Family Law Act 1975.\n\n> Convention country has the same meaning as in the Intercountry Adoption regulations.\n\n> Intercountry Adoption regulations means prescribed regulations made under the Family Law Act 1975.\n\n> prescribed overseas jurisdiction has the same meaning as in the Bilateral Arrangements regulations.\n\n#### 19D Minister’s decision\n\n (1) If a person makes an application under section 19C, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (2) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 19C(2).\n (3) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 19C(2).\n Identity\n (4) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (5) If the person is not covered by subsection (7), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (6) If the person is covered by subsection (7), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (7)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7A), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (7)(b)(ii) applies to the person—has been convicted of a national security offence.\n (7) A person is covered by this subsection if:\n (a) at the time the person made the application under section 19C, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7A) The Minister may decide that subparagraph (6)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n Cessation of citizenship\n (8) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 19E Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19F Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### Subdivision B—Citizenship by conferral\n\n#### 19G Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 7 situations:\n\n• you satisfy the general eligibility criteria and have successfully completed a citizenship test: see subsections 21(2) and (2A); or\n\n• you have a permanent or enduring physical or mental incapacity: see subsection 21(3); or\n\n• you are aged 60 or over or have a hearing, speech or sight impairment: see subsection 21(4); or\n\n• you are aged under 18: see subsection 21(5); or\n\n• you were born to a former Australian citizen: see subsection 21(6); or\n\n• you were born in Papua: see subsection 21(7); or\n\n• you are a stateless person: see subsection 21(8).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 24(3); or\n\n• national security: see subsections 24(4) to (4C); or\n\n• non‑presence in Australia: see subsection 24(5); or\n\n• offences: see subsection 24(6); or\n\n• cessation of citizenship: see subsection 24(7).\n\nYou may need to make a pledge of commitment to become an Australian citizen.\n\n#### 20 Requirements for becoming a citizen\n\n A person becomes an Australian citizen under this Subdivision if:\n (a) the Minister decides under subsection 24(1) to approve the person becoming an Australian citizen; and\n (b) if the person is required to make a pledge of commitment to become an Australian citizen—the person makes that pledge.\n\n> Note: Sections 21 to 25 deal with the Minister approving the person becoming an Australian citizen. Sections 26 and 27 deal with the making of a pledge of commitment.\n\n#### 21 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note 1: Subsections (2) to (8) deal with eligibility.\n\n> Note 2: Section 46 sets out application requirements (which may include the payment of a fee).\n\n General eligibility\n (2) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) understands the nature of an application under subsection (1); and\n (e) possesses a basic knowledge of the English language; and\n (f) has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship; and\n (g) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (h) is of good character at the time of the Minister’s decision on the application.\n (2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if the Minister is satisfied that the following apply:\n (a) the person has sat a test approved in a determination under section 23A;\n (b) the person was eligible to sit that test (worked out in accordance with that determination);\n (c) the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination;\n (d) the person successfully completed that test (worked out in accordance with that determination) within the relevant test period.\n Permanent or enduring physical or mental incapacity\n (3) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) has a permanent or enduring physical or mental incapacity, at the time the person made the application, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged 60 or over or has hearing, speech or sight impairment\n (4) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is:\n (i) aged 60 or over at the time the person made the application; or\n (ii) aged 18 or over at the time the person made the application and is suffering from a permanent loss or substantial impairment of hearing, speech or sight at that time; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) understands the nature of the application at the time the person made the application; and\n (d) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged under 18\n (5) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged under 18 at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application.\n Person born to former Australian citizen\n (6) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born outside Australia; and\n (b) a parent of the person was not an Australian citizen at the time of the person’s birth; and\n (c) the parent had ceased to be an Australian citizen under section 17 of the old Act (about dual citizenship) before that time; and\n (d) if the person is aged 18 or over at the time the person made the application—the person is of good character at the time of the Minister’s decision on the application.\n Person born in Papua\n (7) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Papua before 16 September 1975; and\n (b) a parent of the person was born in Australia (within the meaning of this Act at the time the person made the application); and\n (c) the parent was an Australian citizen at the time of the person’s birth; and\n (d) the person is of good character at the time of the Minister’s decision on the application.\n Statelessness\n (8) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Australia; and\n (b) the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (c) the person has:\n (i) never been a national of any country; and\n (ii) never been a citizen of any country; and\n (d) the person:\n (i) is not entitled to acquire the nationality of a foreign country; and\n (ii) is not entitled to acquire the citizenship of a foreign country.\n\n#### 22 General residence requirement\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:\n (a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and\n (b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and\n (c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.\n Overseas absences\n (1A) If:\n (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 12 months;\n then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.\n (1B) If:\n (a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 90 days; and\n (c) the person was a permanent resident during each period of absence;\n then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.\n Confinement in prison or psychiatric institution\n (1C) Subject to subsection (5A), the person is taken not to satisfy paragraph (1)(a) if, at any time during the 4 year period mentioned in that paragraph, the person was:\n (a) confined in a prison; or\n (b) 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.\n Partial exemption—person born in Australia or former Australian citizen\n (2) Paragraphs (1)(a) and (b) do not apply if the person:\n (a) was born in Australia; or\n (b) was an Australian citizen at any time before the person made the application.\n Ministerial discretion—administrative error\n (4A) For the purposes of paragraph (1)(b), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n (5) 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 the Minister considers the person was present in Australia during that period but, because of an administrative error, was not a permanent resident during that period.\n Ministerial discretion—confinement in prison or psychiatric institution\n (5A) The Minister may decide that subsection (1C) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—person in Australia would suffer significant hardship or disadvantage\n (6) 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:\n (a) the person was present in Australia during that period (except as a permanent resident or an unlawful non‑citizen); and\n (b) the Minister is satisfied that the person will suffer significant hardship or disadvantage if that period were not treated as one during which the person was present in Australia as a permanent resident.\n Ministerial discretion—spouse, de facto partner or surviving spouse or de facto partner of Australian citizen\n (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, the Minister may treat a period as one in which the person was present in Australia as a permanent resident if:\n (a) the person was a spouse or de facto partner of that Australian citizen during that period; and\n (b) the person was not present in Australia during that period; and\n (c) the person was a permanent resident during that period; and\n (d) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n (10) In subsection (9):\n\n> 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.\n\n Ministerial discretion—person in an interdependent relationship\n (11) If, at the time the person made the application, the person:\n (a) holds a permanent visa granted to the person because the person was in an interdependent relationship with an Australian citizen; and\n (b) is in that interdependent relationship;\n then, 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:\n (c) the person held that visa during that period and the person was in that interdependent relationship during that period; and\n (d) the person was not present in Australia during that period; and\n (e) the person was a permanent resident during that period; and\n (f) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n\n#### 22A Special residence requirement—persons engaging in activities that are of benefit to Australia\n\n (1) Subject to this section, for the purposes of section 21 a person (the applicant) satisfies the special residence requirement if:\n (a) the following apply:\n (i) the applicant is seeking to engage in an activity specified under subsection 22C(1);\n (ii) the applicant’s engagement in that activity would be of benefit to Australia;\n (iii) the applicant needs to be an Australian citizen in order to engage in that activity;\n (iv) in order for the applicant to engage in that activity, there is insufficient time for the applicant to satisfy the general residence requirement (see section 22); and\n (b) the head of an organisation specified under subsection 22C(2), or a person whom the Minister is satisfied holds a senior position in that organisation, has given the Minister a notice in writing stating that the applicant has a reasonable prospect of being engaged in that activity; and\n (c) the applicant was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the applicant made the application; and\n (d) the applicant was present in Australia for a total of at least 90 days during the period of 12 months immediately before the day the applicant made the application; and\n (e) the applicant was ordinarily resident in Australia throughout the period of 2 years immediately before the day the applicant made the application; and\n (f) the applicant was a permanent resident for the period of 2 years immediately before the day the applicant made the application; and\n (g) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 2 years immediately before the day the applicant made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the applicant if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the applicant; and\n (b) the Minister is satisfied that the applicant satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (c) the applicant was a permanent resident throughout the period of 90 days immediately before the day the applicant made the application; and\n (d) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the applicant made the application; and\n (e) the applicant has given the Minister an undertaking in a form approved by the Minister under subsection (8); and\n (f) the applicant has declared, in the undertaking, that:\n (i) if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection, the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and\n (ii) the applicant understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the applicant, then, for the purposes of section 21, the applicant is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the applicant is taken not to satisfy paragraph (1)(c) if, at any time during the 2 year period mentioned in that paragraph, the applicant was:\n (a) confined in a prison; or\n (b) 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 applicant.\n (3) The Minister may decide that subsection (2) does not apply in relation to the applicant if, taking into account the circumstances that resulted in the applicant’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the applicant.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(c), the Minister may treat a period as one in which the applicant was a permanent resident if the Minister considers that, because of an administrative error, the applicant was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(d), the Minister may treat a period as one in which the applicant was not present in Australia as an unlawful non‑citizen if the Minister considers the applicant was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(e).\n (9) If the applicant becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the applicant becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the activity covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that activity would be of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the applicant.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22B Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the special residence requirement if:\n (a) at the time the person made the application, the person is engaged in work of a kind specified under subsection 22C(3) and the person is required to regularly travel outside Australia because of that work; and\n (b) the following apply:\n (i) the person was engaged in that kind of work for a total of at least 2 years during the period of 4 years immediately before the day the person made the application;\n (ii) for the whole or part of that 4 year period when the person was engaged in that kind of work, the person regularly travelled outside Australia because of that work; and\n (c) the person was present in Australia for a total of at least 480 days during the period of 4 years immediately before the day the person made the application; and\n (d) the person was present in Australia for a total of at least 120 days during the period of 12 months immediately before the day the person made the application; and\n (e) the person was ordinarily resident in Australia throughout the period of 4 years immediately before the day the person made the application; and\n (f) the person was a permanent resident for the period of 12 months immediately before the day the person made the application; and\n (g) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 4 years immediately before the day the person made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the person if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the person; and\n (b) the Minister is satisfied that the person’s engagement in the kind of work concerned is of benefit to Australia; and\n (c) the Minister is satisfied that the person satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (d) the person was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the person made the application; and\n (e) the person was a permanent resident throughout the period of 90 days immediately before the day the person made the application; and\n (f) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the person made the application; and\n (g) the person has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the person becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection:\n (i) the person will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the person becomes an Australian citizen; and\n (ii) the person will be present in Australia for a total of at least 180 days during that 2‑year period; and\n (h) the person has declared, in the undertaking, that the person understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the person, then, for the purposes of section 21, the person is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the person is taken not to satisfy:\n (a) paragraph (1)(c) if, at any time during the 4‑year period mentioned in that paragraph; or\n (b) paragraph (1A)(d) if, at any time during the 2‑year period mentioned in that paragraph;\n the person was:\n (c) confined in a prison; or\n (d) 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.\n (3) The Minister may decide that subsection (2) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(e), the Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(f), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the person or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(g).\n (9) If the person becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the person becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the kind of work covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that kind of work is of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the person.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22C Special residence requirement—legislative instruments\n\n (1) The Minister may, by legislative instrument, specify activities for the purposes of subparagraph 22A(1)(a)(i).\n (2) The Minister may, by legislative instrument, specify organisations for the purposes of paragraph 22A(1)(b).\n (3) The Minister may, by legislative instrument, specify kinds of work for the purposes of paragraph 22B(1)(a).\n\n#### 23 Defence service requirement\n\n Person who has completed relevant defence service\n (1) For the purposes of section 21, a person satisfies the defence service requirement if the person has completed relevant defence service.\n Member of family unit of person who has completed relevant defence service etc.\n (2) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person has completed relevant defence service; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) the relative holds a visa of that kind because the relative is a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n (3) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person dies while undertaking service in the Permanent Forces or the Reserves; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) immediately before the death of the defence person, the relative held a visa of that kind because the relative was a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n Definitions\n (4) In this section:\n\n> member of the family unit of a person has the same meaning as in the Migration Act 1958.\n\n> Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.\n\n> relevant defence service: a person has completed relevant defence service if:\n\n (a) the person has undertaken a total of at least 90 days service in one or more of the Permanent Forces (whether or not that service was continuous); or\n (b) the person has undertaken a total of at least 90 days service on which he or she was required for, and attended and was entitled to be paid for, duty in one or more of the Reserves (whether or not that service was continuous); or\n (c) the person:\n (i) was discharged from service undertaken in one of the Permanent Forces or the Reserves as medically unfit for that service; and\n (ii) became so unfit because of service undertaken in any of the Permanent Forces or the Reserves.\n\n> Reserves means the Naval Reserve, the Army Reserve or the Air Force Reserve.\n\n> service: a person undertakes service in the Permanent Forces or the Reserves only if the person is appointed, enlisted or transferred into any of the Permanent Forces or the Reserves.\n\n> Note: For appointment, enlistment or transfer into any of the Permanent Forces or the Reserves, see the Defence Act 1903.\n\n#### 23A Citizenship test\n\n (1) The Minister must, by written determination, approve a test for the purposes of subsection 21(2A) (about general eligibility for citizenship).\n\n> Note: The test must be related to the eligibility criteria referred to in paragraphs 21(2)(d), (e) and (f).\n\n Successful completion of the test\n (2) A determination under subsection (1) must specify what amounts to successful completion of the test.\n Eligibility criteria for sitting the test\n (3) A determination under subsection (1) may set out the eligibility criteria a person must satisfy to be able to sit the test.\n\n> Note: The eligibility criteria for sitting the test cannot be inconsistent with this Act and in particular subsection 21(2) (about the general eligibility criteria for becoming an Australian citizen).\n\n (4) For the purposes of subsection (3), the determination may provide that a person is not eligible to sit the test unless the person is a permanent resident and the Minister is satisfied of the identity of the person.\n (5) Subsection (4) does not limit subsection (3).\n Period for sitting and completing the test\n (5A) A determination under subsection (1) may provide for the period within which a person must start the test and for the period within which a person must complete the test.\n Other matters\n (6) A determination under subsection (1) may cover any other matter related to the test the Minister thinks appropriate.\n Determination not a legislative instrument\n (7) A determination made under subsection (1) is not a legislative instrument.\n\n#### 24 Minister’s decision\n\n (1) If a person makes an application under section 21, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n\n> Note: The Minister may cancel an approval: see section 25.\n\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6), (7) or (8).\n (2) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6) or (7).\n (2A) If the Minister exercised the power under subsection 22A(1A) or 22B(1A) in relation to the person, the decision under subsection (1) of this section must be made by the Minister personally.\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (4B)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (4C), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (4B)(b)(ii) applies to the person—has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 21, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (4C) The Minister may decide that subparagraph (4A)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n (4D) To avoid doubt, subsection (4A) applies to a person who is eligible to become an Australian citizen under subsection 21(8).\n Person not present in Australia\n (5) If:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (aa) the Minister is satisfied that the person did not satisfy the special residence requirement referred to in section 22A or 22B; and\n (b) the Minister did not apply subsection 22(9) in relation to the person; and\n (c) the Minister did not apply subsection 22(11) in relation to the person;\n the Minister must not approve the person becoming an Australian citizen at a time when the person is not present in Australia.\n Offences\n (6) The Minister must not approve the person becoming an Australian citizen at a time:\n (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\n (b) when the person is confined to a prison in Australia; or\n (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\n (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\n (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\n (f) if the person:\n (i) has been released by a court from serving the whole or a part of a sentence of imprisonment; and\n (ii) has been so released because the person gave a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (g) if, in respect of proceedings for an offence against an Australian law in relation to the person:\n (i) a court does not impose a sentence of imprisonment on the person; and\n (ii) the court releases the person because the person gives a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (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.\n Cessation of citizenship\n (7) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n Statelessness\n (8) However, subsections (6) and (7) do not apply to a person covered by subsection 21(8) (about statelessness).\n\n#### 25 Minister may cancel approval\n\n (1) The Minister may, by writing, cancel an approval given to a person under section 24 if:\n (a) the person has not become an Australian citizen under section 28; and\n (b) either of the following 2 situations apply.\n Eligibility criteria not met\n (2) The first situation applies if:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (b) the Minister is satisfied that, at the time the Minister proposes to cancel the approval, the person is:\n (i) not a permanent resident; or\n (ii) not likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia; or\n (iii) not of good character.\n Failure to make pledge of commitment\n (3) The second situation applies if:\n (a) the person has failed to make a pledge of commitment within 12 months after the day on which the person received notice of the approval; and\n (b) the person’s reason for the failure is not one that is prescribed by the regulations for the purposes of this subsection.\n Cancellation of child’s approval\n (4) If:\n (a) a child aged under 16 makes an application under section 21 at a particular time; and\n (b) 1 or more responsible parents of the child make applications under section 21 at that time; and\n (c) the Minister decides under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens; and\n (d) the Minister cancels the approval given to each responsible parent;\n the Minister must, by writing, cancel the approval given to the child.\n Effect of cancellation\n (5) If the Minister cancels an approval given to a person, the approval is taken never to have been given.\n\n> Note: A person cannot become an Australian citizen under this Subdivision unless the Minister approves the person becoming an Australian citizen. This subsection has the effect that the person will need to make another application if the person wants to become an Australian citizen.\n\n#### 26 Pledge of commitment must be made\n\n (1) A person must make a pledge of commitment to become an Australian citizen unless the person:\n (a) is aged under 16 at the time the person made the application to become an Australian citizen; or\n (b) has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or\n (c) is covered by subsection 21(6), (7) or (8).\n\n> Note: See section 27 for how the pledge is to be made.\n\n (2) A person must not make a pledge of commitment before the Minister approves the person’s application to become an Australian citizen. A pledge of commitment made by the person before that time is of no effect.\n Delayed making of pledge\n (3) If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:\n (a) a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or\n (b) the person has been or may be charged with an offence under an Australian law.\n (4) The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.\n (5) The Minister may, by writing, revoke a determination.\n (6) If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. A pledge of commitment made by the person before that time is of no effect.\n\n#### 27 How pledge of commitment is to be made\n\n Form of pledge\n (1) A pledge of commitment must be made in accordance with either of the forms set out in Schedule 1.\n Prescribed arrangements\n (2) A pledge of commitment must be made in accordance with the arrangements prescribed by the regulations.\n\n> Note: The regulations may provide for a pledge of commitment to be made in public.\n\n Persons who may receive pledge\n (3) A pledge of commitment must be made before:\n (a) the Minister; or\n (b) a person authorised under subsection (4); or\n (c) a person who is included in a class of persons authorised under subsection (5).\n (4) The Minister may, by writing, authorise a person for the purposes of paragraph (3)(b).\n (5) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (3)(c).\n\n#### 28 Day citizenship begins etc.\n\n Persons required to make pledge of commitment\n (1) A person required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the person makes the pledge.\n Persons not required to make pledge of commitment\n (2) Subject to subsection (3), a person not required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n Applications made at the same time by child and responsible parents\n (3) Subsection (2) does not apply to a child aged under 16 at the time the child made the application to become an Australian citizen if:\n (a) 1 or more responsible parents of the child made applications under section 21 at that time; and\n (b) the Minister decided under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens.\n (4) If 1 or more of the responsible parents become Australian citizens under this section, the child becomes an Australian citizen on the first day on which a responsible parent becomes an Australian citizen.\n\n#### Subdivision C—Resuming citizenship\n\n#### 28A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you ceased to be an Australian citizen under this Act or the old Act.\n\nYou must make an application to become an Australian citizen again. The Minister must approve or refuse you becoming an Australian citizen again.\n\nYou must be eligible to be an Australian citizen again to be approved. You may be refused citizenship again even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 30(3); or\n\n• national security: see subsections 30(4) to (7).\n\nYou will be registered if the Minister approves you becoming an Australian citizen again.\n\n#### 29 Application and eligibility for resuming citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen again.\n\n> Note 1: Section 46 sets out application requirements (which may include the payment of a fee).\n\n> Note 2: The person may also apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under this Act\n (2) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 33 (about renunciation) in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (ii) section 36 (about children); and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n> Note 1: See also section 32 (which is about persons resuming their former citizenship status).\n\n> Note 2: A person who ceases to be an Australian citizen under section 34 or 34A may apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under old Act\n (3) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 17 (about dual citizenship) of the old Act; or\n (ii) section 18 (about renunciation) of the old Act in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (iii) section 20 (about residence outside Australia) of the old Act; or\n (iv) section 23 (about children) of the old Act; and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 30 Minister’s decision\n\n (1) If a person makes an application under section 29, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen again.\n (1A) The Minister must not approve the person becoming an Australian citizen again unless the person is eligible to become an Australian citizen again under subsection 29(2) or (3).\n (2) The Minister may refuse to approve the person becoming an Australian citizen again despite the person being eligible to become an Australian citizen again under subsection 29(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen again unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (5) If the person is covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again if the person:\n (a) if subparagraph (6)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (6)(b)(ii) applies to the person—has been convicted of a national security offence.\n (6) A person is covered by this subsection if:\n (a) at the time the person made the application under section 29, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7) The Minister may decide that subparagraph (5)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n\n#### 31 Registration\n\n If the Minister approves the person becoming an Australian citizen again, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 32 Day citizenship begins again etc.\n\n (1) A person becomes an Australian citizen again on the day on which the Minister approves the person becoming an Australian citizen again.\n Same kind of citizenship—former citizen under this Act\n (2) If the person, before ceasing to be an Australian citizen, was an Australian citizen under Subdivision A, AA or B, the person becomes an Australian citizen again under that Subdivision.\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n Same kind of citizenship—former citizen under old Act\n (3) If the person, before ceasing to be an Australian citizen, was an Australian citizen under the provision set out in column 2 of the following table, the person becomes an Australian citizen again under the provision set out in column 3 of the table.\n\n```html\n

Same kind of citizenship

Column 1
Item

Column 2
Provision under which person was a citizen

Column 3
Provision under which person becomes a citizen again

1

Section 10B, 10C or 11 of the old Act

Subdivision A of this Division

2

Division 2 of Part III of the old Act

Subdivision B of this Division

\n```\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n### Division 3—Cessation of Australian citizenship\n\n#### Subdivision A—Simplified outline of this Division\n\n#### 32A Simplified outline of this Division\n\n The following is a simplified outline of this Division:\n\nThere are 5 ways in which you can cease to be an Australian citizen:\n\n• you may renounce your Australian citizenship: see section 33; or\n\n• 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\n\n• 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\n\n• if you are the child of a responsible parent who ceases to be an Australian citizen, the Minister can revoke your citizenship in some situations: see section 36; or\n\n• if you are convicted of certain offences and an order is made by a court that you cease to be an Australian citizen: see Subdivision C (citizenship cessation).\n\n#### Subdivision B—Citizenship renunciation and revocation\n\n#### 33 Renunciation by application\n\n (1) A person may make an application to the Minister to renounce the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Minister’s decision\n (2) The Minister must, by writing, approve or refuse to approve the person renouncing his or her Australian citizenship.\n (3) Subject to this section, the Minister must approve the person renouncing his or her Australian citizenship if the Minister is satisfied that:\n (a) the person is aged 18 or over, and is a national or citizen of a foreign country, at the time the person made the application; or\n (b) the person was born, or is ordinarily resident, in a foreign country and is not entitled, under the law of that country, to acquire the nationality or citizenship of that country because the person is an Australian citizen.\n (4) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n (5) The Minister may refuse to approve the person renouncing his or her Australian citizenship if the person:\n (a) is a national or citizen of a foreign country at the time the person made the application; and\n (b) made the application during a war in which Australia is engaged.\n (6) The Minister must not approve the person renouncing his or her Australian citizenship if the Minister considers that it would not be in the interests of Australia to do so.\n (7) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person:\n (a) is a national or citizen of a foreign country immediately before the Minister’s decision on the application; or\n (b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval.\n Time citizenship ceases\n (8) If the Minister approves a person renouncing his or her Australian citizenship, the person ceases to be an Australian citizen at the time of the approval.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 34 Revocation by Minister—offences or fraud\n\n Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision A or AA of Division 2 (including because of the operation of section 32); and\n (b) either of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n Citizenship by conferral\n (2) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2 (including because of the operation of section 32); and\n (b) any of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person has, at any time after making the application to become an Australian citizen, been convicted of a serious offence within the meaning of subsection (5);\n (iii) the person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud within the meaning of subsection (6);\n (iv) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n (3) However, the Minister must not decide under subsection (2) to revoke a person’s Australian citizenship if:\n (a) the Minister may revoke the person’s Australian citizenship under that subsection only because of the application of subparagraph (2)(b)(ii); and\n (b) 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.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n Serious offence\n (5) For the purposes of this section, a person has been convicted of a serious offence if:\n (a) the person has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to death or to a serious prison sentence; and\n (b) the person committed the offence at any time before the person became an Australian citizen.\n Migration‑related fraud\n (6) For the purposes of this section, a person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud if and only if:\n (a) at any time, the person was convicted of an offence against:\n (i) section 234, 236 or 243, or former section 244 (as in force before its repeal by the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008), of the Migration Act 1958; or\n (ii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n that the person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the person’s entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia.\n (7) Subsection (6) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident.\n Third‑party fraud\n (8) For the purposes of this section, a person (the applicant) obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud if and only if:\n (a) at any time, another person was convicted of an offence against section 50 of this Act, or section 134.1, 135.2, 135.4, 136.1, 137.1, 137.2, 139.1, 141.1, 142.1, 142.2, 144.1, 145.1, 145.2, 145.4, 145.5 or 149.1 of the Criminal Code, that the other person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the Minister approving the applicant becoming an Australian citizen.\n Charge proved but no conviction\n (9) A reference in this section to a conviction of an offence:\n (a) in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; and\n (b) in relation to a law of a State or Territory or a foreign country—includes a reference to the making of an order under the corresponding provision of a law of the State or Territory or foreign country in relation to the offence.\n\n#### 34A Revocation by Minister—special residence requirements\n\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2; and\n (b) the person became an Australian citizen in circumstances where the Minister exercised the power under subsection 22A(1A) or 22B(1A); and\n (c) in a case in which the power was exercised under subsection 22A(1A)—the Minister is satisfied that the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; and\n (d) in a case in which the power was exercised under subsection 22B(1A)—the Minister is satisfied that:\n (i) the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; or\n (ii) the person will not be, or was not, present in Australia for a total of at least 180 days during that 2‑year period.\n (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.\n (3) The power under subsection (1) may only be exercised by the Minister personally.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 36 Children of responsible parents who cease to be citizens\n\n (1) If:\n (a) a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and\n (b) at the cessation time, the person is a responsible parent of a child aged under 18;\n then:\n (c) the Minister may, by writing, revoke the child’s Australian citizenship; and\n (d) if the Minister does so—the child ceases to be an Australian citizen at the time of the revocation.\n Exception—another responsible parent\n (2) If, at the cessation time, another responsible parent of the child is an Australian citizen, subsection (1) does not apply to the child:\n (a) while there is a responsible parent who is an Australian citizen; and\n (b) if there ceases to be such a responsible parent because of the death of a responsible parent—at any time after that death.\n Exception—statelessness\n (3) The Minister must not revoke a child’s Australian citizenship under subsection (1) if the Minister is satisfied that the child would then become a person who is not a national or citizen of any country.\n\n#### Subdivision C—Citizenship cessation\n\n#### 36A Purpose of this Subdivision\n\n This Subdivision is enacted because the Parliament recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia.\n\n#### 36B Cessation of citizenship if citizenship cessation order made by court etc.\n\n (1) Subject to this section, if an order is made under subsection 36C(1) in relation to a person, the person ceases to be an Australian citizen at the time the order is made.\n Order overturned or quashed\n (2) If a decision of a court overturns or quashes the order made under subsection 36C(1), the person’s citizenship is taken never to have ceased under subsection (1) of this section.\n (3) The validity of anything done in reliance on the order made under subsection 36C(1) before the order was overturned or quashed is not affected.\n Appeal decision\n (4) If:\n (a) a decision (the first decision) of a court overturning or quashing the order made under subsection 36C(1) in relation to the person is appealed; and\n (b) the decision (the second decision) on appeal overturns or quashes the first decision;\n the person ceases to be an Australian citizen at the time the second decision is made.\n\n#### 36C Citizenship cessation order if person is convicted of serious offence\n\n (1) If:\n (a) a person is convicted of one or more serious offences; and\n (b) the court has decided to impose on the person, in respect of the conviction or convictions, a period of imprisonment that is at least 3 years or periods of imprisonment that total at least 3 years; and\n (c) before the court imposes the sentence or sentences on the person in respect of the conviction or convictions, the Minister makes an application under subsection 36D(1) for an order to be made under this subsection in relation to the person; and\n (d) the court is satisfied of the matters specified in subsection (4) of this section;\n the court may, when imposing such a period or periods of imprisonment on the person in respect of the conviction or convictions, also order at that time as part of the sentence or sentences that the person ceases to be an Australian citizen.\n\n> Note: Subsections (5) and (6) set out, without limitation, matters the court must have regard to in deciding whether to make an order under this subsection.\n\n (2) However, the court must not make an order under subsection (1) in relation to the person if the court is satisfied that the person would, if the court were to make the order, become a person who is not a national or citizen of any country.\n Serious offence\n (3) A serious offence is an offence against any of the following provisions:\n (a) a provision of Subdivision A of Division 72 of the Criminal Code (explosives and lethal devices);\n (b) a provision of Subdivision B of Division 80 of the Criminal Code (treason);\n (c) section 83.1 of the Criminal Code (advocating mutiny);\n (d) a provision of Division 91 of the Criminal Code (espionage);\n (e) a provision of Division 92 of the Criminal Code (foreign interference);\n (f) a provision of Part 5.3 of the Criminal Code (terrorism), other than the following provisions:\n (i) section 102.8;\n (ii) Division 104;\n (iii) Division 105;\n (iv) section 105A.7D;\n (v) section 105A.18B;\n (fa) a provision of Part 5.3A of the Criminal Code (state sponsors of terrorism), other than section 112.7;\n (g) a provision of Part 5.5 of the Criminal Code (foreign incursions and recruitment).\n Court to be satisfied of certain matters etc.\n (4) For the purposes of paragraph (1)(d), the matters are the following:\n (a) the person is aged 14 or over;\n (b) the person is an Australian citizen;\n (c) the person’s conduct to which the conviction or convictions relate is so serious and significant that it demonstrates that the person has repudiated their allegiance to Australia.\n (5) In deciding whether the court is satisfied of the matter referred to in paragraph (4)(c) in relation to the person’s conduct, the court must have regard to the following matters:\n (a) whether the conduct to which the conviction or convictions relate demonstrates a repudiation of the values, democratic beliefs, rights and liberties that underpin Australian society;\n (b) the degree, duration or scale of the person’s commitment to, or involvement in, the conduct to which the conviction or convictions relate;\n (c) the intended scale of the conduct to which the conviction or convictions relate;\n (d) the actual impact of the conduct to which the conviction or convictions relate;\n (e) whether the conduct to which the conviction or convictions relate caused, or was intended to cause, harm to human life or a loss of human life.\n (6) In deciding whether to make an order under subsection (1) in relation to the person, the court must have regard to the following matters:\n (a) if the person is a child aged under 18—the best interests of the child;\n (b) if the person has any dependent children in Australia—the best interests of those children;\n (c) the person’s connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person.\n (7) Subsection (6) does not limit the matters to which the court may have regard in deciding whether to make an order under subsection (1) in relation to the person.\n Concurrent sentences\n (8) If:\n (a) a person has been convicted of 2 or more serious offences; and\n (b) a court has decided to impose on the person, in respect of the conviction or convictions, 2 or more periods of imprisonment to be served concurrently (whether in whole or in part);\n then, for the purposes of subsection (1), the whole of each period is to be counted in working out the total of those periods.\n\n> Note: Example: A person is convicted of 2 serious offences and a court has decided to impose on the person in respect of the convictions 2 periods of 2 years imprisonment to be served concurrently. For the purposes of subsection (1), the total period of imprisonment is 4 years.\n\n References to period of imprisonment\n (9) For the purposes of subsection (1):\n (a) a reference to a period of imprisonment in that subsection does not include a period of imprisonment that is suspended; and\n (b) a reference to a period of imprisonment in that subsection includes a reference to a single sentence of imprisonment that a court has decided to impose in respect of both one or more serious offences and one or more other offences.\n Other matters\n (10) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n (11) Part IB of the Crimes Act 1914 (which deals with sentencing, imprisonment and release of federal offenders) does not apply in relation to an order under this section.\n\n#### 36D Application by the Minister for a citizenship cessation order\n\n (1) The Minister may make an application for an order to be made by a court under subsection 36C(1) in relation to a person.\n (2) The application may be made before or after the person is convicted of one or more serious offences but must be made before the person is sentenced.\n Consultation with the Foreign Affairs Minister\n (3) Before the Minister makes the application, the Minister must consult the Foreign Affairs Minister.\n Matters relating to the application\n (4) The application must include the following matters:\n (a) information about the person’s age;\n (b) information about the person’s Australian citizenship;\n (c) information about the person’s nationality or citizenship of other countries.\n (5) The application:\n (a) must be made in the jury’s absence; and\n (b) must not be referred to in the presence of the jury; and\n (c) must only be heard after the person is convicted of one or more serious offences.\n Notice of application\n (6) The Minister must give the person written notice of the application as soon as practicable after the application is made. The Minister may also give written notice of the application to such other persons as the Minister considers appropriate.\n (7) Section 47 (notification of decisions) does not apply to a decision of the Minister to make the application.\n Australian citizens to which this section applies\n (8) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n\n#### 36L No resumption of citizenship if citizenship ceases under this Subdivision\n\n If a person ceases to be an Australian citizen under this Subdivision, Divisions 1 and 2 of this Part do not apply in relation to the person after that cessation.\n\n> Note: See section 36B for when a person ceases to be an Australian citizen.\n\n### Division 4—Evidence of Australian citizenship\n\n#### 37 Evidence of Australian citizenship\n\n (1) A person may make an application to the Minister for evidence of the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Notice\n (2) The Minister may give the person a notice stating that the person is an Australian citizen at a particular time.\n (3) The notice must:\n (a) be in a form prescribed by the regulations; and\n (b) contain any other matter prescribed by the regulations.\n Identity\n (4) The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n Evidentiary status\n (5) A notice is prima facie evidence of the matters in the notice.\n Cancellation\n (6) The Minister may, by writing, cancel a notice given to a person under this section.\n\n#### 38 Surrender of physical evidentiary notice\n\n Request for surrender\n (1) If:\n (a) the Minister makes a decision under section 34 or 34A to revoke a person’s Australian citizenship; and\n (b) at the time of the revocation, there is in force a notice under section 37 in relation to the person; and\n (c) the notice was given to the person in a physical form;\n the Minister may request the person to surrender the notice to the Minister.\n (2) If the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37 and the notice was given to the person in a physical form, the Minister may request the person to surrender the notice to the Minister.\n Form of request\n (3) A request given to a person under subsection (1) or (2) must:\n (a) be made in writing; and\n (b) specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and\n (c) specify how the person is to surrender the notice to the Minister; and\n (d) contain a statement to the effect that a failure to comply with the request is an offence.\n Offence\n (4) A person commits an offence if:\n (a) the person is given a request that is in accordance with this section; and\n (b) the person fails to comply with the request.\n\nPenalty for contravention of this subsection: 10 penalty units.\n\n#### 39 Altering evidentiary notice\n\n A person commits an offence if:\n (a) the person alters, or causes or permits to be altered, a notice; and\n (b) the notice was given to a person under section 37.\n\nPenalty: Imprisonment for 12 months.\n\n### Division 5—Personal identifiers\n\n#### Subdivision A—Obtaining personal identifiers\n\n#### 40 Request for personal identifiers\n\n (1) For the purposes of the Minister being satisfied of the identity of:\n (a) a person in relation to an application under this Part; or\n (b) a person who has sought to sit a test approved in a determination under section 23A;\n the following persons may request the person, in writing, to provide one or more specified personal identifiers:\n (c) the Minister;\n (d) a person authorised under subsection (3);\n (e) a person who is included in a class of persons authorised under subsection (4).\n Form of request\n (2) A request must inform the person of the matters prescribed by the regulations.\n Authorisations\n (3) The Minister may, by writing, authorise a person for the purposes of paragraph (1)(d).\n (4) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (1)(e).\n\n#### 41 Provision of personal identifiers\n\n The regulations may prescribe the procedures and requirements that apply to the provision of a personal identifier by a person under this Division.\n\n#### Subdivision B—Obligations relating to identifying information\n\n#### 42 Accessing identifying information\n\n (1) A person commits an offence if:\n (a) the person accesses identifying information; and\n (b) the person is not authorised under this section to access the identifying information for the purpose for which the person accessed it.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) This section does not apply if the person believes on reasonable grounds that the access is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n (2) This section does not apply if the access is through:\n (a) a disclosure that is a permitted disclosure within the meaning of section 43; or\n (b) a disclosure to which section 43 does not apply because of the operation of subsection 43(1A).\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Authorisation\n (3) The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.\n (4) The Minister must specify in an authorisation under subsection (3), as the purpose or purposes for which access is authorised, one or more of the following purposes:\n (a) either or both of the purposes set out in paragraph 10(2)(c);\n (b) disclosing identifying information in accordance with this Division;\n (c) administering or managing the storage of identifying information;\n (d) making identifying information available to the person to whom it relates;\n (e) modifying identifying information to enable it to be matched with other identifying information;\n (f) modifying identifying information in order to correct errors or ensure compliance with appropriate standards;\n (g) the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act;\n (h) complying with Australian laws.\n\n#### 43 Disclosing identifying information\n\n (1) A person commits an offence if:\n (a) the person’s conduct causes disclosure of identifying information; and\n (b) the disclosure is not a permitted disclosure.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure;\n this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person.\n\n> Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: Australian Privacy Principle 6 may apply to further disclosures of that identifying information by a person who is not an entrusted person.\n\n (1B) This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).\n\n (2) A permitted disclosure is a disclosure that:\n (b) is for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; or\n (c) is for the purpose of administering or managing the storage of identifying information; or\n (d) is for the purpose of making the identifying information in question available to the person to whom it relates; or\n (da) is to an agency of the Commonwealth, a State or a Territory in order to verify that a person is an Australian citizen; or\n (e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or\n (ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth, a State or a Territory; or\n (eb) is required by an Australian law; or\n (f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or\n (g) is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or\n (h) takes place with the written consent of the person to whom the identifying information in question relates.\n\n#### 44 Unauthorised modification or impairment of identifying information\n\n Unauthorised modification\n (1) A person commits an offence if:\n (a) the person causes any unauthorised modification of identifying information; and\n (b) the person intends to cause the modification; and\n (c) the person knows that the modification is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Unauthorised impairment\n (2) A person commits an offence if:\n (a) the person causes any unauthorised impairment of:\n (i) the reliability of identifying information; or\n (ii) the security of the storage of identifying information; or\n (iii) the operation of a system by which identifying information is stored; and\n (b) the person intends to cause the impairment; and\n (c) the person knows that the impairment is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Exception\n (2A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure within the meaning of section 43;\n this section does not apply in relation to any modification or impairment of that identifying information by a person who is not an entrusted person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n Interpretation\n (3) In this section:\n (a) modification of identifying information; or\n (b) impairment of the reliability of identifying information; or\n (c) impairment of the security of the storage of identifying information; or\n (d) impairment of the operation of a system by which identifying information is stored;\n by a person is unauthorised if the person is not entitled to cause that modification or impairment.\n (4) Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.\n (5) For the purposes of this section, a person causes any such unauthorised modification or impairment if the person’s conduct substantially contributes to it.\n (6) For the purposes of subsection (3), if:\n (a) a person causes any modification or impairment of a kind mentioned in that subsection; and\n (b) the person does so under a warrant issued under an Australian law;\n the person is entitled to cause that modification or impairment.\n\n#### 45 Destroying identifying information\n\n (1) A person commits an offence if:\n (a) the person is the responsible person for identifying information; and\n (b) the person fails to destroy the identifying information as soon as practicable after the person is no longer required under the Archives Act 1983 to keep the identifying information.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n> Note: See section 24 of the Archives Act 1983 on the obligation to keep the identifying information.\n\n (2) This section does not apply if the identifying information is:\n (a) a personal identifier that is any of the following:\n (i) a measurement of a person’s height and weight;\n (ii) a photograph or other image of a person’s face;\n (iii) a person’s signature; or\n (b) identifying information derived from or relating to such a personal identifier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Definitions\n (3) For the purposes of this section, the responsible person for identifying information is:\n (a) if the identifying information is stored on a database—the person who has day‑to‑day control of the database; or\n (b) otherwise—the person who has day‑to‑day responsibility for the system under which the identifying information is stored.\n (4) For the purposes of this section, identifying information is destroyed if:\n (a) in the case of identifying information that is a personal identifier—it is physically destroyed; and\n (b) in any other case—any means of identifying it with the person to whom it relates is destroyed.\n (5) For the purposes of this section, a database is a discrete body of information stored by electronic means, containing:\n (a) indexes of persons who have provided personal identifiers in accordance with a request under this Division; and\n (b) their identifying information.\n\n## Part 3—Other matters\n\n### Division 1—Bogus documents\n\n#### 45A Prohibition on, and forfeiture of, bogus documents\n\n (1) A person (whether a citizen or non‑citizen) must not give a bogus document to the Minister, a person acting under a delegation or authorisation of the Minister, a tribunal or any other person or body performing a function or purpose under, or in relation to, this Act (the official), or cause such a document to be so given.\n (2) A bogus document given in contravention of subsection (1) is forfeited to the Commonwealth.\n\n#### 45B Seizure of bogus documents\n\n (1) If the Minister reasonably suspects that a document is forfeited under subsection 45A(2), then the Minister may seize the document.\n (2) As soon as practicable after seizing the document, the Minister must give written notice of the seizure to the person who gave the document to the official under subsection 45A(1).\n (3) The notice must:\n (a) identify the document; and\n (b) state that the document has been seized; and\n (c) specify the reason for the seizure; and\n (d) state that the document will be condemned as forfeited unless the person institutes proceedings against the Commonwealth before the end of the period specified in the notice:\n (i) to recover the document; or\n (ii) for a declaration that the document is not forfeited.\n (4) For the purposes of paragraph (3)(d), the period must:\n (a) start on the date of the notice; and\n (b) end 90 days after that date.\n\n#### 45C Document condemned as forfeited\n\n (1) If a document is seized under subsection 45B(1), then:\n (a) the person who gave the document to the official under subsection 45A(1); and\n (b) if that person is not the owner of the document—the owner;\n may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction:\n (c) to recover the document; or\n (d) for a declaration that the document is not forfeited.\n (2) The proceedings:\n (a) may be instituted even if the seizure notice required to be given under subsection 45B(2) in relation to the document has not yet been given; and\n (b) may only be instituted before the end of the period specified in the seizure notice.\n (3) If, before the end of the period specified in the seizure notice, the person or owner does not institute the proceedings, the document is condemned as forfeited to the Commonwealth immediately after the end of that period.\n (4) If, before the end of the period specified in the seizure notice, the person or owner does institute the proceedings, the document is condemned as forfeited to the Commonwealth at the end of the proceedings unless there is:\n (a) an order for the person or owner to recover the document; or\n (b) a declaration that the document is not forfeited.\n (5) For the purposes of subsection (4), if the proceedings go to judgment, they end:\n (a) if no appeal against the judgment is lodged within the period for lodging such an appeal—at the end of that period; or\n (b) if an appeal against the judgment is lodged within that period—when the appeal lapses or is finally determined.\n\n#### 45D Dealing with a document after it is condemned as forfeited\n\n (1) If, under section 45C, a document is condemned as forfeited to the Commonwealth, it must be dealt with or disposed of (including by being given to another person) in accordance with any direction given by the Minister.\n (2) If the Minister considers that the document may be relevant to proceedings in a court or tribunal, then the Minister:\n (a) must give a direction for the safe keeping of the document; and\n (b) must authorise access to the document for the purposes of those proceedings.\n (3) A direction given under this section is not a legislative instrument.\n\n### Division 2—Other\n\n#### 46 Application requirements\n\n (1) An application under a provision of this Act must:\n (a) be on the relevant form approved by the Minister for the purposes of that provision; and\n (b) contain the information required by the form; and\n (c) be accompanied by any other information or documents prescribed by the regulations; and\n (d) be accompanied by the fee (if any) prescribed by the regulations.\n (1AA) However, paragraphs (1)(a) and (b) do not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed by the regulations; and\n (b) contains the information prescribed by the regulations.\n (1A) For applications made under section 21 by persons who, in order to be eligible to become an Australian citizen under subsection 21(2), must have sat a test approved in a determination under section 23A, the fee prescribed by the regulations may include a component that relates to the sitting of that test.\n Approval of forms\n (2) The Minister may, by writing, approve one or more forms for the purposes of a provision of this Act under which an application may be made.\n\n> Note: For example, there are 2 ways to become an Australian citizen by descent under section 16\\. The Minister may approve 1 form for the purposes of that section or may approve 2 different forms.\n\n Children aged under 16\n (2A) An application under a provision of this Act by a child aged under 16 must be set out:\n (a) on a form that contains no other application; or\n (b) on a form that also contains an application by 1 responsible parent of the child.\n (2B) However, subsection (2A) does not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed under paragraph (1AA)(a) of this section; and\n (b) contains the information prescribed under paragraph (1AA)(b) of this section.\n Remission, refund or waiver of fees\n (3) The regulations may make provision for and in relation to the remission, refund or waiver of any fees of a kind referred to in paragraph (1)(d).\n\n#### 47 Notification of decisions\n\n (1) If the Minister makes a decision under this Act in relation to a person, the Minister must give the person notice of the decision.\n Child\n (2) If the person is a child, the Minister satisfies the requirement in subsection (1) if the Minister gives a parent of the child notice of the decision.\n Reasons for adverse decision\n (3) If the decision is an adverse decision, the notice must include the reasons for the decision.\n Form of notice\n (4) The Minister must give the notice in the manner prescribed by the regulations (which includes electronic form).\n Procedural defect does not affect validity of decision\n (5) A failure to comply with subsection (3) or (4) does not affect the validity of the decision.\n\n#### 48 Computerised decision‑making\n\n Computer‑based decisions\n (1) The Minister may, by writing, arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under this Act or the regulations:\n (a) make a decision; or\n (b) exercise any power or comply with any obligation; or\n (c) do anything else related to making a decision or exercising a power or complying with an obligation.\n (2) The Minister is taken to have:\n (a) made a decision; or\n (b) exercised a power or complied with an obligation; or\n (c) done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;\n that was made, exercised, complied with or done by the operation of a computer program under such an arrangement.\n Minister may substitute his or her own decision\n (3) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under such an arrangement if:\n (a) a notice under section 49 relates to the computer program and to the initial decision; and\n (b) the notice states that the computer program was not functioning correctly; and\n (c) the substituted decision could have been made under the same provision of this Act or the regulations as the initial decision; and\n (d) the substituted decision is more favourable to the applicant.\n (4) The Minister does not have a duty to consider whether to exercise the power under subsection (3) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (5) Subsection (3) has effect despite any law of the Commonwealth, or any rule of common law, to the contrary effect.\n Exceptions\n (5A) This section does not apply in relation to anything done under Subdivision C of Division 3 of Part 2 (citizenship cessation).\n Arrangement not a legislative instrument\n (6) An arrangement under subsection (1) is not a legislative instrument.\n\n#### 49 Evidence of whether computer program is functioning correctly\n\n Issue of notices\n (1) In citizenship proceedings, a notice signed by an authorised person stating whether or not a specified computer program was functioning correctly:\n (a) at a specified time or during a specified period; and\n (b) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 48(1);\n is prima facie evidence of the matters stated in the notice.\n Ministerial authorisations\n (2) The Minister may, by writing, authorise a person to issue notices under this section.\n (3) The Minister may, by legislative instrument, authorise a class of persons to issue notices under this section.\n Definitions\n (4) In this section:\n\n> authorised person means:\n\n (a) an APS employee in the Department; or\n (b) a person authorised under subsection (2) to issue notices under this section; or\n (c) any person who is included in a class of persons authorised under subsection (3) to issue notices under this section.\n\n> citizenship proceedings means:\n\n (a) proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or\n (b) proceedings that relate to an application for review under section 52.\n\n> functioning correctly: a computer program is functioning correctly if:\n\n (a) outcomes from its operation comply with this Act and the regulations; and\n (b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.\n\n#### 50 False statements or representations\n\n (1) A person commits an offence if:\n (a) the person makes, or causes or permits to be made, a representation or statement; and\n (b) the person does so knowing that the representation or statement is false or misleading in a material particular; and\n (c) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n (2) A person commits an offence if:\n (a) the person conceals, or causes or permits to be concealed, a material circumstance; and\n (b) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n#### 51 Geographical jurisdiction for offences\n\n Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act.\n\n#### 51A Things seized under Crimes Act search warrant and information about such things\n\n (1) This section applies to the following:\n (a) a thing seized (warrant material) under a search warrant issued under Division 2 of Part 1AA of the Crimes Act 1914;\n (b) information (warrant information) that is about, or obtained from, warrant material.\n (2) A constable or Commonwealth officer who, under subsection 3ZQU(1) of the Crimes Act 1914, may use or make available warrant material, is authorised to make available warrant material or warrant information:\n (a) to a person covered by subsection (4); and\n (b) for a purpose mentioned in subsection (3).\n (3) A person covered by subsection (4) is authorised to receive and use warrant material and warrant information, or make it available to another person covered by subsection (4), for the following purposes:\n (a) making a decision, or assisting in making a decision, to approve or refuse to approve a person becoming an Australian citizen;\n (b) making a decision, or assisting in making a decision, to revoke a person’s Australian citizenship;\n (c) making a decision, or assisting in making a decision, to cancel an approval given to a person under section 24.\n\n> Note: Subsection 3ZQU(4) of the Crimes Act 1914 contemplates that another law of the Commonwealth may require or authorise the use or making available of a document or other thing to persons, or for purposes, in addition to those listed in subsection 3ZQU(1) of that Act.\n\n (4) The following persons are covered by this subsection:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department whose duties include making decisions, or assisting in making decisions, in relation to Australian citizenship.\n\n#### 51B Reports to Parliament\n\n (1) As soon as practicable after a reporting period ends, the Minister must table a report in each House of the Parliament that sets out the number of applications made under section 36D to which both of the following apply:\n (a) the applications were made during the reporting period to which the report relates or during an earlier reporting period;\n (b) the applications relate to persons who, during the reporting period to which the report relates, were convicted and sentenced for one or more serious offences.\n (2) The report must not contain information, or content of a document, if:\n (a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010); or\n (b) the disclosure of the information or content would or might prejudice:\n (i) the security, defence or international relations of Australia; or\n (ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions; or\n (c) the disclosure of the information or content would or might endanger a person’s safety; or\n (d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.\n (3) In this section:\n\n> reporting period means:\n\n (a) the period of 12 months beginning on the day the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 commences; or\n (b) each subsequent 12‑month period.\n\n#### 52 Review of decisions\n\n (1) An application may be made to the Administrative Review Tribunal for review of the following decisions:\n (a) a decision under section 17 to refuse to approve a person becoming an Australian citizen;\n (aa) a decision under section 19D to refuse to approve a person becoming an Australian citizen;\n (b) a decision under section 24 to refuse to approve a person becoming an Australian citizen;\n (c) a decision under section 25 to cancel an approval given to a person under section 24;\n (d) a decision under section 30 to refuse to approve a person becoming an Australian citizen again;\n (e) a decision under section 33 to refuse to approve a person renouncing his or her Australian citizenship, except a refusal because of the operation of subsection 33(5) (about war);\n (f) a decision under section 34 or subsection 36(1) to revoke a person’s Australian citizenship;\n (g) a decision under section 37 to refuse to give a person a notice stating that the person is an Australian citizen at a particular time.\n Citizenship by conferral decision\n (2) However, if:\n (a) the Minister makes a decision under section 24 to refuse to approve a person becoming an Australian citizen; and\n (b) the Minister’s reasons for the decision did not refer to the eligibility ground in subsection 21(8) (about statelessness); and\n (c) the person was aged 18 or over at the time the person made the application to become an Australian citizen;\n a person (the applicant) cannot apply for review of that decision unless the applicant is a permanent resident.\n (3) For the purposes of the Administrative Review Tribunal reviewing a decision of a kind referred to in paragraph (1)(b):\n (a) the Tribunal must not exercise the power under subsection 22A(1A) or 22B(1A); and\n (b) the Tribunal must not review any exercise of the power or any failure to exercise the power.\n\n#### 53 Delegation\n\n (1) The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act or the regulations.\n (2) However, subsection (1) does not apply in relation to the function under subsection 23A(1) (about approval of citizenship test) or the power under section 36D (about application for citizenship cessation order).\n\n#### 54 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":16},{"sectionNumber":"Division 1","sectionType":"division","heading":"Automatic acquisition of Australian citizenship","content":"An Act relating to Australian citizenship\n\nPreamble\n\n The Parliament recognises that 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.\n The Parliament recognises that persons conferred Australian citizenship enjoy these rights and undertake to accept these obligations:\n (a) by pledging loyalty to Australia and its people; and\n (b) by sharing their democratic beliefs; and\n (c) by respecting their rights and liberties; and\n (d) by upholding and obeying the laws of Australia.\n\nThe Parliament of Australia enacts:\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Citizenship Act 2007.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

15 March 2007

2. Sections 2A to 54

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01653)

3. Schedule 1

At the same time as the provisions covered by table item 2.

1 July 2007

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 2A Simplified outline\n\n The following is a simplified outline of this Act:\n\nWhat this Act covers\n\nThis Act sets out how you become an Australian citizen, the circumstances in which you may cease to be a citizen and some other matters related to citizenship.\n\nBecoming an Australian citizen\n\nThere are a range of ways you can become an Australian citizen.\n\nAcquiring citizenship automatically\n\nGenerally, you become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born.\n\nThere are some other, less common, ways of automatically becoming a citizen.\n\nDivision 1 of Part 2 has details about acquiring citizenship automatically.\n\nAlso, if you were a citizen under the old Act immediately before the day that this section commences, you will continue to be a citizen: see subsection 4(1).\n\nAcquiring citizenship by application\n\nThe other way to become an Australian citizen is to apply to the Minister. This is covered by Division 2 of Part 2\\. There are 4 situations in which you can apply for citizenship.\n\nThe first is citizenship by descent. Generally, you would apply for this if you were born outside Australia and one or both of your parents were Australian citizens when you were born. Citizenship by descent is covered by Subdivision A.\n\nThe second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA.\n\nThe third is citizenship by conferral. Generally, you would need to be a permanent resident and willing to make a pledge of commitment to apply for citizenship by conferral. You may need to successfully complete a citizenship test. There are some less common circumstances in which you can apply for citizenship by conferral. Citizenship by conferral is covered by Subdivision B.\n\nThe fourth is resuming citizenship. In certain cases where you previously ceased to be an Australian citizen, you can apply for your citizenship to resume. Resuming citizenship is covered by Subdivision C.\n\nThe Minister must be satisfied of your identity for you to acquire citizenship by application. Rules about identification are in Division 5 of Part 2.\n\nThe Minister may be required to refuse your application on national security grounds.\n\nCeasing to be an Australian citizen\n\nThere are a number of ways that you can cease to be an Australian citizen.\n\nYou can renounce your citizenship.\n\nIf you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances.\n\nThere are some other, less common, ways of ceasing to be a citizen.\n\nDivision 3 of Part 2 has details about ceasing to be a citizen.\n\nEvidence that a person is an Australian citizen\n\nYou can apply to the Minister for evidence of your Australian citizenship. This is covered by Division 4 of Part 2.\n\n#### 3 Definitions\n\n In this Act:\n\n> adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> artificial conception procedure includes:\n\n (a) artificial insemination; and\n (b) the implantation of an embryo in the body of a woman.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian citizen has the meaning given by section 4.\n\n> Australian law means a law of the Commonwealth, a State or a Territory.\n\n> bogus document has the same meaning as in subsection 5(1) of the Migration Act 1958.\n\n> child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:\n\n (a) an adopted child, stepchild or exnuptial child of the person;\n (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n\n> citizenship law means:\n\n (a) this Act; and\n (b) the regulations; and\n (c) any legislative instrument made under this Act or the regulations.\n\n> commencement day means the day on which sections 2A to 54 (as originally enacted) commence.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> disclose, in relation to identifying information that is a personal identifier provided under Division 5 of Part 2, includes provide unauthorised access to the personal identifier.\n\n> Note: Section 42 deals with authorised access to identifying information.\n\n> entrusted person means:\n\n (a) the Secretary of the Department; or\n (b) an APS employee in the Department; or\n (c) a person engaged under section 74 of the Public Service Act 1999 by the Secretary of the Department; or\n (d) a person engaged by the Commonwealth, the Minister, the Secretary of the Department, or by an APS employee in the Department, to do work for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act.\n\n> Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> foreign law means a law of a foreign country.\n\n> identifying information means the following:\n\n (a) any personal identifier provided under Division 5 of Part 2;\n (b) any meaningful identifier derived from any such personal identifier;\n (c) any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier;\n (d) any other information derived from:\n (i) any such personal identifier; or\n (ii) any meaningful identifier derived from any such personal identifier; or\n (iii) any record of a kind referred to in paragraph (c);\n that could be used to discover a particular person’s identity or to get information about a particular person.\n\n> national security offence means:\n\n (b) an offence against Division 72 of the Criminal Code; or\n (c) an offence against Part 5.1 of the Criminal Code (treason and related offences) other than section 83.4 (interference with political rights and duties); or\n (ca) an offence against Division 91 of the Criminal Code (espionage); or\n (cb) an offence against Part 5.3 or 5.3A (terrorism), or 5.3B (prohibited hate groups), of the Criminal Code; or\n (d) an offence against the Australian Security Intelligence Organisation Act 1979; or\n (e) an offence against the Intelligence Services Act 2001; or\n (f) an offence covered by a determination in force under section 6A.\n\n> New Guinea:\n\n (a) has the same meaning as the Territory of New Guinea had in the Papua New Guinea Act 1949 immediately before 16 September 1975; and\n (b) in relation to any time before 4 June 1969—includes a reference to the Island of Nauru.\n\n> old Act means the Australian Citizenship Act 1948 as in force at any time before the commencement day.\n\n> ordinarily resident: a person is taken to be ordinarily resident in a country if and only if:\n\n (a) he or she has his or her home in that country; or\n (b) that country is the country of his or her permanent abode even if he or she is temporarily absent from that country.\n However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.\n\n> Papua has the same meaning as the Territory of Papua had in the Papua New Guinea Act 1949 immediately before 16 September 1975.\n\n> permanent resident has the meaning given by section 5.\n\n> permanent visa has the same meaning as in the Migration Act 1958.\n\n> personal identifier has the meaning given by section 10.\n\n> prison includes any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon the person because of that conviction.\n\n> psychiatric institution includes a psychiatric section of a hospital.\n\n> qualified security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> responsible parent has the meaning given by section 6.\n\n> serious offence has the meaning given by subsection 36C(3).\n\n> serious prison sentence means a sentence of imprisonment for a period of at least 12 months.\n\n> serious repeat offender: a person is a serious repeat offender in relation to a serious prison sentence if the sentence was imposed on the person for an offence committed by the person at a time after the person ceased to be confined in prison because of the imposition of another serious prison sentence.\n\n> special category visa has the same meaning as in the Migration Act 1958.\n\n> special purpose visa has the same meaning as in the Migration Act 1958.\n\n> Stateless Persons Convention means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954 \\[1974\\] ATS 20.\n\n> Note: The text of the Convention is set out in Australian Treaty Series 1974 No. 20\\. In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person’s stepchild except that the person is not legally married to the person’s de facto partner.\n\n> unlawful non‑citizen has the same meaning as in the Migration Act 1958.\n\n> visa has the same meaning as in the Migration Act 1958.\n\n#### 4 Australian citizen\n\n (1) For the purposes of this Act, Australian citizen means a person who:\n (a) is an Australian citizen under Division 1 or 2 of Part 2; or\n (b) satisfies both of the following:\n (i) the person was an Australian citizen under the Australian Citizenship Act 1948 immediately before the commencement day;\n (ii) the person has not ceased to be an Australian citizen under this Act.\n Citizenship under the old Act\n (2) If, under this Act, it is necessary to work out if a person was an Australian citizen at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 5 Permanent resident\n\n (1) For the purposes of this Act, a person is a permanent resident at a particular time if and only if:\n (a) the person is present in Australia at that time and holds a permanent visa at that time; or\n (b) both:\n (i) the person is not present in Australia at that time and holds a permanent visa at that time; and\n (ii) the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia; or\n (c) the person is covered by a determination in force under subsection (2) at that time.\n (2) The Minister may, by legislative instrument, determine that:\n (a) persons who hold a special category visa or a special purpose visa; or\n (b) persons who have held a special category visa; or\n (c) persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands;\n and who satisfy specified requirements are, or are during a specified period, persons to whom this subsection applies.\n Permanent resident under the old Act\n (3) If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 6 Responsible parent\n\n (1) For the purposes of this Act, a person is a responsible parent in relation to a child if and only if:\n (a) the person is a parent of the child except where, because of orders made under the Family Law Act 1975, the person no longer has any parental responsibility for the child; or\n (b) under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or\n (c) under a parenting order the person has parental responsibility for the child’s long‑term or day‑to‑day care, welfare and development (whether or not the person is a parent of the child); or\n (d) the person (whether or not a parent of the child) has guardianship or custody of the child, jointly or otherwise, under an Australian law or a foreign law, whether because of adoption, operation of law, an order of a court or otherwise.\n (1A) In paragraph (1)(a):\n\n> parental responsibility has the same meaning as in Part VII of the Family Law Act 1975.\n\n (2) Expressions used in paragraphs (1)(b) and (c) have the same meaning as in the Family Law Act 1975.\n\n#### 6A National security offences\n\n (1) The Minister may, by legislative instrument, determine that:\n (a) an offence against a specified provision of a specified Australian law or a specified foreign law; or\n (b) an offence against an Australian law or a foreign law involving specified conduct;\n is a national security offence for the purposes of paragraph (f) of the definition of national security offence in section 3.\n (2) A determination under subsection (1) applies in relation to:\n (a) applications made under this Act after the determination takes effect; and\n (b) applications made under this Act before the determination takes effect that have not been decided before the determination takes effect.\n\n#### 7 Children born on ships or aircraft or after death of parent\n\n Persons born on ships or aircraft\n (1) For the purposes of this Act:\n (a) a person born on a ship or aircraft registered in Australia or a foreign country is taken to have been born at the place at which the ship or aircraft is registered; and\n (b) a person born on a ship or aircraft not registered in Australia or a foreign country and belonging to the government of a country is taken to have been born in that country.\n Persons born after death of parent\n (2) For the purposes of this Act, the status of a parent of a person at the time of the person’s birth is, for a parent who died before the birth, taken to be the status of the parent when the parent died.\n\n#### 8 Children born as a result of artificial conception procedures or surrogacy arrangements\n\n (1) This section applies if a child is:\n (a) a child of a person under section 60H or 60HB of the Family Law Act 1975; and\n (b) either:\n (i) a child of the person’s spouse or de facto partner under that section; or\n (ii) a biological child of the person’s spouse or de facto partner.\n (2) The child is taken for the purposes of this Act:\n (a) to be the child of the person and the spouse or de facto partner; and\n (b) not to be the child of anyone else.\n\n#### 9 Confinement in prison or psychiatric institution\n\n Confinement in prison\n (1) For the purposes of this Act, the period during which a person is confined to a prison includes a period:\n (a) during which the person is an escapee from the prison; or\n (b) during which the person is undergoing a sentence of periodic detention in the prison.\n (2) For the purposes of this Act, the period during which a person is confined to a prison does not include a period during which the person has been so confined by reason only of the person serving a sentence relating to a conviction that is later quashed.\n Confinement in psychiatric institution\n (3) For the purposes of this Act, the period during which a person is confined in a psychiatric institution by order of a court includes a period during which the person is an escapee from the institution.\n\n#### 10 Personal identifiers\n\n (1) For the purposes of this Act, a personal identifier is any of the following (including any of the following in digital form):\n (a) fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies);\n (b) a measurement of a person’s height and weight;\n (c) a photograph or other image of a person’s face;\n\nNote: See section 10A.\n\n (d) an iris scan;\n (e) a person’s signature;\n (f) any other identifier prescribed by the regulations (except an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914).\n (2) Before the Governor‑General makes regulations for the purposes of paragraph (1)(f) prescribing an identifier, the Minister must be satisfied that:\n (a) obtaining the identifier would not involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914; and\n (b) the identifier is an image of, or a measurement or recording of, an external part of the body; and\n (c) obtaining the identifier is necessary for either or both of the following purposes:\n (i) assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2 or seeking to sit a test approved in a determination under section 23A;\n (ii) combating document and identity fraud in citizenship matters;\n\n#### 10A References to photograph or other image of person’s face\n\n A reference in the citizenship law to a photograph or other image of a person’s face includes a reference to a photograph or other image of:\n (a) the person’s face and all or part of the person’s neck; or\n (b) the person’s face and neck and all or part of the person’s shoulders.\n\n#### 10B Providing photographs and other images of faces to the Minister or authorised persons\n\n (1) This section applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to the Minister; and\n (b) for the purposes of that requirement:\n (i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (2) This section also applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to a person mentioned in paragraph 40(1)(d) or (e); and\n (b) for the purposes of that requirement:\n (i) the person provides to a person mentioned in paragraph 40(1)(d) or (e) (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (3) For the purposes of the citizenship law, the person is taken to provide the derived image to the recipient for the purposes of the requirement mentioned in paragraph (1)(a) or (2)(a) of this section.\n\n#### 11 Operation of Act\n\n External Territories\n (1) This Act extends to the external Territories.\n Application outside Australia\n (2) This Act extends unless the contrary intention appears:\n (a) to acts, omissions, matters and things outside Australia; and\n (b) to all persons, irrespective of their nationality or citizenship.\n State and Territory laws\n (3) It is the intention of the Parliament that this Act apply to the exclusion of any provisions of a law of a State or Territory that provide for Australian citizenship (whether the law was made before or after the commencement day).\n\n## Part 2—Australian citizenship\n\n### Division 1—Automatic acquisition of Australian citizenship\n\n#### 11A Simplified outline\n\n The following is a simplified outline of this Division:\n\nThe most common way you become an Australian citizen under this Division is by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of your birth.\n\nThere are some other, less common, ways of becoming an Australian citizen under this Division. These cover:\n\n• citizenship by being born in Australia and by being ordinarily resident in Australia for the next 10 years: see section 12; and\n\n• citizenship by adoption: see section 13; and\n\n• citizenship for abandoned children: see section 14; and\n\n• citizenship by incorporation of territory: see section 15.\n\n#### 12 Citizenship by birth\n\n (1) A person born in Australia is an Australian citizen if and only if:\n (a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or\n (b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.\n Enemy occupation\n (2) However, a person is not an Australian citizen under this section if, at the time the person is born:\n (a) a parent of the person is an enemy alien; and\n (b) the place of the birth is under occupation by the enemy;\n unless, at that time, the other parent of the person:\n (c) is an Australian citizen or a permanent resident; and\n (d) is not an enemy alien.\n\n#### 13 Citizenship by adoption\n\n A person is an Australian citizen if the person is:\n (a) adopted under a law in force in a State or Territory; and\n (b) adopted by a person who is an Australian citizen at the time of the adoption or by 2 persons jointly at least one of whom is an Australian citizen at that time; and\n (c) present in Australia as a permanent resident at that time.\n\n#### 14 Citizenship for abandoned children\n\n A person is an Australian citizen if the person is found abandoned in Australia as a child, unless and until the contrary is proved.\n\n#### 15 Citizenship by incorporation of Territory\n\n (1) A person is an Australian citizen if:\n (a) any territory becomes a part of Australia; and\n (b) the person is included in a class of persons specified in a determination under this section.\n Determination\n (2) The Minister may, by legislative instrument, determine that specified classes of persons are Australian citizens from a specified day because of their connection with that territory.\n Day citizenship begins\n (3) The person becomes an Australian citizen on that day.\n Retrospective application of instruments\n (4) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the instrument.\n\n### Division 2—Acquisition of Australian citizenship by application\n\n#### Subdivision A—Citizenship by descent\n\n#### 15A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 2 situations:\n\n• you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth: see subsection 16(2); or\n\n• you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949: see subsection 16(3).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 17(3); or\n\n• national security: see subsections 17(4) to (4B); or\n\n• cessation of citizenship: see subsection 17(5).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\nYou 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.\n\n#### 16 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Persons born outside Australia on or after 26 January 1949\n (2) A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person was an Australian citizen at the time of the birth; and\n (b) if the parent was an Australian citizen under this Subdivision or Subdivision AA, or section 10B, 10C or 11 of the old Act (about citizenship by descent), at the time of the birth:\n (i) the parent has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the person made the application; or\n (ii) the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n Persons born outside Australia or New Guinea before 26 January 1949\n (3) A person born outside Australia or New Guinea before 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person became an Australian citizen on 26 January 1949; and\n (b) the parent was born in Australia or New Guinea or was naturalised in Australia before the person’s birth; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 17 Minister’s decision\n\n (1) If a person makes an application under section 16, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n (2) Subject to this section, the Minister must approve the person becoming an Australian citizen if the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 16, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) at the time of the person’s birth, the person had a parent who was an Australian citizen.\n Cessation of citizenship\n (5) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 18 Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19 Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### 19A When a person does not become a citizen despite the Minister’s approval\n\n Despite section 19, a person does not become an Australian citizen under this Subdivision, even if the Minister approves the person becoming an Australian citizen, unless:\n (a) if the person was born on or after 26 January 1949—a parent of the person was an Australian citizen at the time of the person’s birth; or\n (b) if the person was born before 26 January 1949—a parent of the person became an Australian citizen on 26 January 1949.\n\n#### Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n\n#### 19B Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia by at least one Australian citizen in accordance with:\n\n(a) the Hague Convention on Intercountry Adoption; or\n\n(b) a bilateral arrangement.\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 19D(4); or\n\n• national security: see subsections 19D(5) to (7A); or\n\n• cessation of citizenship: see subsection 19D(8).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\n#### 19C Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Eligibility\n (2) A person (the applicant) is eligible to become an Australian citizen if:\n (a) the applicant is adopted in a Convention country or a prescribed overseas jurisdiction by:\n (i) a person (the adopter) who is an Australian citizen at time of the adoption; or\n (ii) 2 persons jointly, only one of whom (the adopter) is an Australian citizen at the time of the adoption; or\n (iii) 2 persons jointly, both of whom (the adopters) are Australian citizens at the time of the adoption; and\n (b) an adoption compliance certificate issued in that country is in force for the adoption; and\n (c) under the Intercountry Adoption regulations or the Bilateral Arrangements regulations, as applicable, the adoption is recognised and effective for the laws of the Commonwealth and each State and Territory; and\n (d) the legal relationship between the applicant and the individuals who were, immediately before the adoption, the applicant’s parents has been terminated; and\n (e) if subparagraph (a)(i) or (ii) applies and the adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—the adopter satisfies subsection (3); and\n (f) if subparagraph (a)(iii) applies and each adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—either or both of the adopters satisfy subsection (3); and\n (g) if the applicant is aged 18 or over at the time the applicant made the application—the Minister is satisfied that the applicant is of good character at the time of the Minister’s decision on the application.\n (3) An adopter satisfies this subsection if the adopter has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the applicant made the application.\n Definitions\n (4) In this section:\n\n> adoption compliance certificate:\n\n (a) for an adoption in accordance with the Hague Convention on Intercountry Adoption—has the same meaning as in the Intercountry Adoption regulations; and\n (b) for an adoption in accordance with a bilateral arrangement—has the same meaning as in the Bilateral Arrangements regulations.\n\n> Bilateral Arrangements regulations means prescribed regulations made under the Family Law Act 1975.\n\n> Convention country has the same meaning as in the Intercountry Adoption regulations.\n\n> Intercountry Adoption regulations means prescribed regulations made under the Family Law Act 1975.\n\n> prescribed overseas jurisdiction has the same meaning as in the Bilateral Arrangements regulations.\n\n#### 19D Minister’s decision\n\n (1) If a person makes an application under section 19C, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (2) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 19C(2).\n (3) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 19C(2).\n Identity\n (4) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (5) If the person is not covered by subsection (7), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (6) If the person is covered by subsection (7), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (7)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7A), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (7)(b)(ii) applies to the person—has been convicted of a national security offence.\n (7) A person is covered by this subsection if:\n (a) at the time the person made the application under section 19C, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7A) The Minister may decide that subparagraph (6)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n Cessation of citizenship\n (8) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 19E Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19F Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### Subdivision B—Citizenship by conferral\n\n#### 19G Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 7 situations:\n\n• you satisfy the general eligibility criteria and have successfully completed a citizenship test: see subsections 21(2) and (2A); or\n\n• you have a permanent or enduring physical or mental incapacity: see subsection 21(3); or\n\n• you are aged 60 or over or have a hearing, speech or sight impairment: see subsection 21(4); or\n\n• you are aged under 18: see subsection 21(5); or\n\n• you were born to a former Australian citizen: see subsection 21(6); or\n\n• you were born in Papua: see subsection 21(7); or\n\n• you are a stateless person: see subsection 21(8).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 24(3); or\n\n• national security: see subsections 24(4) to (4C); or\n\n• non‑presence in Australia: see subsection 24(5); or\n\n• offences: see subsection 24(6); or\n\n• cessation of citizenship: see subsection 24(7).\n\nYou may need to make a pledge of commitment to become an Australian citizen.\n\n#### 20 Requirements for becoming a citizen\n\n A person becomes an Australian citizen under this Subdivision if:\n (a) the Minister decides under subsection 24(1) to approve the person becoming an Australian citizen; and\n (b) if the person is required to make a pledge of commitment to become an Australian citizen—the person makes that pledge.\n\n> Note: Sections 21 to 25 deal with the Minister approving the person becoming an Australian citizen. Sections 26 and 27 deal with the making of a pledge of commitment.\n\n#### 21 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note 1: Subsections (2) to (8) deal with eligibility.\n\n> Note 2: Section 46 sets out application requirements (which may include the payment of a fee).\n\n General eligibility\n (2) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) understands the nature of an application under subsection (1); and\n (e) possesses a basic knowledge of the English language; and\n (f) has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship; and\n (g) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (h) is of good character at the time of the Minister’s decision on the application.\n (2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if the Minister is satisfied that the following apply:\n (a) the person has sat a test approved in a determination under section 23A;\n (b) the person was eligible to sit that test (worked out in accordance with that determination);\n (c) the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination;\n (d) the person successfully completed that test (worked out in accordance with that determination) within the relevant test period.\n Permanent or enduring physical or mental incapacity\n (3) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) has a permanent or enduring physical or mental incapacity, at the time the person made the application, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged 60 or over or has hearing, speech or sight impairment\n (4) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is:\n (i) aged 60 or over at the time the person made the application; or\n (ii) aged 18 or over at the time the person made the application and is suffering from a permanent loss or substantial impairment of hearing, speech or sight at that time; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) understands the nature of the application at the time the person made the application; and\n (d) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged under 18\n (5) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged under 18 at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application.\n Person born to former Australian citizen\n (6) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born outside Australia; and\n (b) a parent of the person was not an Australian citizen at the time of the person’s birth; and\n (c) the parent had ceased to be an Australian citizen under section 17 of the old Act (about dual citizenship) before that time; and\n (d) if the person is aged 18 or over at the time the person made the application—the person is of good character at the time of the Minister’s decision on the application.\n Person born in Papua\n (7) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Papua before 16 September 1975; and\n (b) a parent of the person was born in Australia (within the meaning of this Act at the time the person made the application); and\n (c) the parent was an Australian citizen at the time of the person’s birth; and\n (d) the person is of good character at the time of the Minister’s decision on the application.\n Statelessness\n (8) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Australia; and\n (b) the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (c) the person has:\n (i) never been a national of any country; and\n (ii) never been a citizen of any country; and\n (d) the person:\n (i) is not entitled to acquire the nationality of a foreign country; and\n (ii) is not entitled to acquire the citizenship of a foreign country.\n\n#### 22 General residence requirement\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:\n (a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and\n (b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and\n (c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.\n Overseas absences\n (1A) If:\n (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 12 months;\n then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.\n (1B) If:\n (a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 90 days; and\n (c) the person was a permanent resident during each period of absence;\n then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.\n Confinement in prison or psychiatric institution\n (1C) Subject to subsection (5A), the person is taken not to satisfy paragraph (1)(a) if, at any time during the 4 year period mentioned in that paragraph, the person was:\n (a) confined in a prison; or\n (b) 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.\n Partial exemption—person born in Australia or former Australian citizen\n (2) Paragraphs (1)(a) and (b) do not apply if the person:\n (a) was born in Australia; or\n (b) was an Australian citizen at any time before the person made the application.\n Ministerial discretion—administrative error\n (4A) For the purposes of paragraph (1)(b), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n (5) 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 the Minister considers the person was present in Australia during that period but, because of an administrative error, was not a permanent resident during that period.\n Ministerial discretion—confinement in prison or psychiatric institution\n (5A) The Minister may decide that subsection (1C) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—person in Australia would suffer significant hardship or disadvantage\n (6) 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:\n (a) the person was present in Australia during that period (except as a permanent resident or an unlawful non‑citizen); and\n (b) the Minister is satisfied that the person will suffer significant hardship or disadvantage if that period were not treated as one during which the person was present in Australia as a permanent resident.\n Ministerial discretion—spouse, de facto partner or surviving spouse or de facto partner of Australian citizen\n (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, the Minister may treat a period as one in which the person was present in Australia as a permanent resident if:\n (a) the person was a spouse or de facto partner of that Australian citizen during that period; and\n (b) the person was not present in Australia during that period; and\n (c) the person was a permanent resident during that period; and\n (d) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n (10) In subsection (9):\n\n> 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.\n\n Ministerial discretion—person in an interdependent relationship\n (11) If, at the time the person made the application, the person:\n (a) holds a permanent visa granted to the person because the person was in an interdependent relationship with an Australian citizen; and\n (b) is in that interdependent relationship;\n then, 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:\n (c) the person held that visa during that period and the person was in that interdependent relationship during that period; and\n (d) the person was not present in Australia during that period; and\n (e) the person was a permanent resident during that period; and\n (f) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n\n#### 22A Special residence requirement—persons engaging in activities that are of benefit to Australia\n\n (1) Subject to this section, for the purposes of section 21 a person (the applicant) satisfies the special residence requirement if:\n (a) the following apply:\n (i) the applicant is seeking to engage in an activity specified under subsection 22C(1);\n (ii) the applicant’s engagement in that activity would be of benefit to Australia;\n (iii) the applicant needs to be an Australian citizen in order to engage in that activity;\n (iv) in order for the applicant to engage in that activity, there is insufficient time for the applicant to satisfy the general residence requirement (see section 22); and\n (b) the head of an organisation specified under subsection 22C(2), or a person whom the Minister is satisfied holds a senior position in that organisation, has given the Minister a notice in writing stating that the applicant has a reasonable prospect of being engaged in that activity; and\n (c) the applicant was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the applicant made the application; and\n (d) the applicant was present in Australia for a total of at least 90 days during the period of 12 months immediately before the day the applicant made the application; and\n (e) the applicant was ordinarily resident in Australia throughout the period of 2 years immediately before the day the applicant made the application; and\n (f) the applicant was a permanent resident for the period of 2 years immediately before the day the applicant made the application; and\n (g) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 2 years immediately before the day the applicant made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the applicant if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the applicant; and\n (b) the Minister is satisfied that the applicant satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (c) the applicant was a permanent resident throughout the period of 90 days immediately before the day the applicant made the application; and\n (d) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the applicant made the application; and\n (e) the applicant has given the Minister an undertaking in a form approved by the Minister under subsection (8); and\n (f) the applicant has declared, in the undertaking, that:\n (i) if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection, the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and\n (ii) the applicant understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the applicant, then, for the purposes of section 21, the applicant is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the applicant is taken not to satisfy paragraph (1)(c) if, at any time during the 2 year period mentioned in that paragraph, the applicant was:\n (a) confined in a prison; or\n (b) 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 applicant.\n (3) The Minister may decide that subsection (2) does not apply in relation to the applicant if, taking into account the circumstances that resulted in the applicant’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the applicant.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(c), the Minister may treat a period as one in which the applicant was a permanent resident if the Minister considers that, because of an administrative error, the applicant was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(d), the Minister may treat a period as one in which the applicant was not present in Australia as an unlawful non‑citizen if the Minister considers the applicant was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(e).\n (9) If the applicant becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the applicant becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the activity covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that activity would be of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the applicant.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22B Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the special residence requirement if:\n (a) at the time the person made the application, the person is engaged in work of a kind specified under subsection 22C(3) and the person is required to regularly travel outside Australia because of that work; and\n (b) the following apply:\n (i) the person was engaged in that kind of work for a total of at least 2 years during the period of 4 years immediately before the day the person made the application;\n (ii) for the whole or part of that 4 year period when the person was engaged in that kind of work, the person regularly travelled outside Australia because of that work; and\n (c) the person was present in Australia for a total of at least 480 days during the period of 4 years immediately before the day the person made the application; and\n (d) the person was present in Australia for a total of at least 120 days during the period of 12 months immediately before the day the person made the application; and\n (e) the person was ordinarily resident in Australia throughout the period of 4 years immediately before the day the person made the application; and\n (f) the person was a permanent resident for the period of 12 months immediately before the day the person made the application; and\n (g) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 4 years immediately before the day the person made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the person if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the person; and\n (b) the Minister is satisfied that the person’s engagement in the kind of work concerned is of benefit to Australia; and\n (c) the Minister is satisfied that the person satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (d) the person was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the person made the application; and\n (e) the person was a permanent resident throughout the period of 90 days immediately before the day the person made the application; and\n (f) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the person made the application; and\n (g) the person has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the person becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection:\n (i) the person will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the person becomes an Australian citizen; and\n (ii) the person will be present in Australia for a total of at least 180 days during that 2‑year period; and\n (h) the person has declared, in the undertaking, that the person understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the person, then, for the purposes of section 21, the person is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the person is taken not to satisfy:\n (a) paragraph (1)(c) if, at any time during the 4‑year period mentioned in that paragraph; or\n (b) paragraph (1A)(d) if, at any time during the 2‑year period mentioned in that paragraph;\n the person was:\n (c) confined in a prison; or\n (d) 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.\n (3) The Minister may decide that subsection (2) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(e), the Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(f), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the person or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(g).\n (9) If the person becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the person becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the kind of work covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that kind of work is of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the person.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22C Special residence requirement—legislative instruments\n\n (1) The Minister may, by legislative instrument, specify activities for the purposes of subparagraph 22A(1)(a)(i).\n (2) The Minister may, by legislative instrument, specify organisations for the purposes of paragraph 22A(1)(b).\n (3) The Minister may, by legislative instrument, specify kinds of work for the purposes of paragraph 22B(1)(a).\n\n#### 23 Defence service requirement\n\n Person who has completed relevant defence service\n (1) For the purposes of section 21, a person satisfies the defence service requirement if the person has completed relevant defence service.\n Member of family unit of person who has completed relevant defence service etc.\n (2) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person has completed relevant defence service; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) the relative holds a visa of that kind because the relative is a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n (3) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person dies while undertaking service in the Permanent Forces or the Reserves; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) immediately before the death of the defence person, the relative held a visa of that kind because the relative was a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n Definitions\n (4) In this section:\n\n> member of the family unit of a person has the same meaning as in the Migration Act 1958.\n\n> Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.\n\n> relevant defence service: a person has completed relevant defence service if:\n\n (a) the person has undertaken a total of at least 90 days service in one or more of the Permanent Forces (whether or not that service was continuous); or\n (b) the person has undertaken a total of at least 90 days service on which he or she was required for, and attended and was entitled to be paid for, duty in one or more of the Reserves (whether or not that service was continuous); or\n (c) the person:\n (i) was discharged from service undertaken in one of the Permanent Forces or the Reserves as medically unfit for that service; and\n (ii) became so unfit because of service undertaken in any of the Permanent Forces or the Reserves.\n\n> Reserves means the Naval Reserve, the Army Reserve or the Air Force Reserve.\n\n> service: a person undertakes service in the Permanent Forces or the Reserves only if the person is appointed, enlisted or transferred into any of the Permanent Forces or the Reserves.\n\n> Note: For appointment, enlistment or transfer into any of the Permanent Forces or the Reserves, see the Defence Act 1903.\n\n#### 23A Citizenship test\n\n (1) The Minister must, by written determination, approve a test for the purposes of subsection 21(2A) (about general eligibility for citizenship).\n\n> Note: The test must be related to the eligibility criteria referred to in paragraphs 21(2)(d), (e) and (f).\n\n Successful completion of the test\n (2) A determination under subsection (1) must specify what amounts to successful completion of the test.\n Eligibility criteria for sitting the test\n (3) A determination under subsection (1) may set out the eligibility criteria a person must satisfy to be able to sit the test.\n\n> Note: The eligibility criteria for sitting the test cannot be inconsistent with this Act and in particular subsection 21(2) (about the general eligibility criteria for becoming an Australian citizen).\n\n (4) For the purposes of subsection (3), the determination may provide that a person is not eligible to sit the test unless the person is a permanent resident and the Minister is satisfied of the identity of the person.\n (5) Subsection (4) does not limit subsection (3).\n Period for sitting and completing the test\n (5A) A determination under subsection (1) may provide for the period within which a person must start the test and for the period within which a person must complete the test.\n Other matters\n (6) A determination under subsection (1) may cover any other matter related to the test the Minister thinks appropriate.\n Determination not a legislative instrument\n (7) A determination made under subsection (1) is not a legislative instrument.\n\n#### 24 Minister’s decision\n\n (1) If a person makes an application under section 21, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n\n> Note: The Minister may cancel an approval: see section 25.\n\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6), (7) or (8).\n (2) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6) or (7).\n (2A) If the Minister exercised the power under subsection 22A(1A) or 22B(1A) in relation to the person, the decision under subsection (1) of this section must be made by the Minister personally.\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (4B)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (4C), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (4B)(b)(ii) applies to the person—has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 21, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (4C) The Minister may decide that subparagraph (4A)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n (4D) To avoid doubt, subsection (4A) applies to a person who is eligible to become an Australian citizen under subsection 21(8).\n Person not present in Australia\n (5) If:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (aa) the Minister is satisfied that the person did not satisfy the special residence requirement referred to in section 22A or 22B; and\n (b) the Minister did not apply subsection 22(9) in relation to the person; and\n (c) the Minister did not apply subsection 22(11) in relation to the person;\n the Minister must not approve the person becoming an Australian citizen at a time when the person is not present in Australia.\n Offences\n (6) The Minister must not approve the person becoming an Australian citizen at a time:\n (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\n (b) when the person is confined to a prison in Australia; or\n (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\n (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\n (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\n (f) if the person:\n (i) has been released by a court from serving the whole or a part of a sentence of imprisonment; and\n (ii) has been so released because the person gave a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (g) if, in respect of proceedings for an offence against an Australian law in relation to the person:\n (i) a court does not impose a sentence of imprisonment on the person; and\n (ii) the court releases the person because the person gives a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (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.\n Cessation of citizenship\n (7) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n Statelessness\n (8) However, subsections (6) and (7) do not apply to a person covered by subsection 21(8) (about statelessness).\n\n#### 25 Minister may cancel approval\n\n (1) The Minister may, by writing, cancel an approval given to a person under section 24 if:\n (a) the person has not become an Australian citizen under section 28; and\n (b) either of the following 2 situations apply.\n Eligibility criteria not met\n (2) The first situation applies if:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (b) the Minister is satisfied that, at the time the Minister proposes to cancel the approval, the person is:\n (i) not a permanent resident; or\n (ii) not likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia; or\n (iii) not of good character.\n Failure to make pledge of commitment\n (3) The second situation applies if:\n (a) the person has failed to make a pledge of commitment within 12 months after the day on which the person received notice of the approval; and\n (b) the person’s reason for the failure is not one that is prescribed by the regulations for the purposes of this subsection.\n Cancellation of child’s approval\n (4) If:\n (a) a child aged under 16 makes an application under section 21 at a particular time; and\n (b) 1 or more responsible parents of the child make applications under section 21 at that time; and\n (c) the Minister decides under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens; and\n (d) the Minister cancels the approval given to each responsible parent;\n the Minister must, by writing, cancel the approval given to the child.\n Effect of cancellation\n (5) If the Minister cancels an approval given to a person, the approval is taken never to have been given.\n\n> Note: A person cannot become an Australian citizen under this Subdivision unless the Minister approves the person becoming an Australian citizen. This subsection has the effect that the person will need to make another application if the person wants to become an Australian citizen.\n\n#### 26 Pledge of commitment must be made\n\n (1) A person must make a pledge of commitment to become an Australian citizen unless the person:\n (a) is aged under 16 at the time the person made the application to become an Australian citizen; or\n (b) has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or\n (c) is covered by subsection 21(6), (7) or (8).\n\n> Note: See section 27 for how the pledge is to be made.\n\n (2) A person must not make a pledge of commitment before the Minister approves the person’s application to become an Australian citizen. A pledge of commitment made by the person before that time is of no effect.\n Delayed making of pledge\n (3) If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:\n (a) a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or\n (b) the person has been or may be charged with an offence under an Australian law.\n (4) The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.\n (5) The Minister may, by writing, revoke a determination.\n (6) If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. A pledge of commitment made by the person before that time is of no effect.\n\n#### 27 How pledge of commitment is to be made\n\n Form of pledge\n (1) A pledge of commitment must be made in accordance with either of the forms set out in Schedule 1.\n Prescribed arrangements\n (2) A pledge of commitment must be made in accordance with the arrangements prescribed by the regulations.\n\n> Note: The regulations may provide for a pledge of commitment to be made in public.\n\n Persons who may receive pledge\n (3) A pledge of commitment must be made before:\n (a) the Minister; or\n (b) a person authorised under subsection (4); or\n (c) a person who is included in a class of persons authorised under subsection (5).\n (4) The Minister may, by writing, authorise a person for the purposes of paragraph (3)(b).\n (5) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (3)(c).\n\n#### 28 Day citizenship begins etc.\n\n Persons required to make pledge of commitment\n (1) A person required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the person makes the pledge.\n Persons not required to make pledge of commitment\n (2) Subject to subsection (3), a person not required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n Applications made at the same time by child and responsible parents\n (3) Subsection (2) does not apply to a child aged under 16 at the time the child made the application to become an Australian citizen if:\n (a) 1 or more responsible parents of the child made applications under section 21 at that time; and\n (b) the Minister decided under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens.\n (4) If 1 or more of the responsible parents become Australian citizens under this section, the child becomes an Australian citizen on the first day on which a responsible parent becomes an Australian citizen.\n\n#### Subdivision C—Resuming citizenship\n\n#### 28A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you ceased to be an Australian citizen under this Act or the old Act.\n\nYou must make an application to become an Australian citizen again. The Minister must approve or refuse you becoming an Australian citizen again.\n\nYou must be eligible to be an Australian citizen again to be approved. You may be refused citizenship again even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 30(3); or\n\n• national security: see subsections 30(4) to (7).\n\nYou will be registered if the Minister approves you becoming an Australian citizen again.\n\n#### 29 Application and eligibility for resuming citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen again.\n\n> Note 1: Section 46 sets out application requirements (which may include the payment of a fee).\n\n> Note 2: The person may also apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under this Act\n (2) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 33 (about renunciation) in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (ii) section 36 (about children); and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n> Note 1: See also section 32 (which is about persons resuming their former citizenship status).\n\n> Note 2: A person who ceases to be an Australian citizen under section 34 or 34A may apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under old Act\n (3) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 17 (about dual citizenship) of the old Act; or\n (ii) section 18 (about renunciation) of the old Act in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (iii) section 20 (about residence outside Australia) of the old Act; or\n (iv) section 23 (about children) of the old Act; and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 30 Minister’s decision\n\n (1) If a person makes an application under section 29, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen again.\n (1A) The Minister must not approve the person becoming an Australian citizen again unless the person is eligible to become an Australian citizen again under subsection 29(2) or (3).\n (2) The Minister may refuse to approve the person becoming an Australian citizen again despite the person being eligible to become an Australian citizen again under subsection 29(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen again unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (5) If the person is covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again if the person:\n (a) if subparagraph (6)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (6)(b)(ii) applies to the person—has been convicted of a national security offence.\n (6) A person is covered by this subsection if:\n (a) at the time the person made the application under section 29, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7) The Minister may decide that subparagraph (5)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n\n#### 31 Registration\n\n If the Minister approves the person becoming an Australian citizen again, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 32 Day citizenship begins again etc.\n\n (1) A person becomes an Australian citizen again on the day on which the Minister approves the person becoming an Australian citizen again.\n Same kind of citizenship—former citizen under this Act\n (2) If the person, before ceasing to be an Australian citizen, was an Australian citizen under Subdivision A, AA or B, the person becomes an Australian citizen again under that Subdivision.\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n Same kind of citizenship—former citizen under old Act\n (3) If the person, before ceasing to be an Australian citizen, was an Australian citizen under the provision set out in column 2 of the following table, the person becomes an Australian citizen again under the provision set out in column 3 of the table.\n\n```html\n

Same kind of citizenship

Column 1
Item

Column 2
Provision under which person was a citizen

Column 3
Provision under which person becomes a citizen again

1

Section 10B, 10C or 11 of the old Act

Subdivision A of this Division

2

Division 2 of Part III of the old Act

Subdivision B of this Division

\n```\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n### Division 3—Cessation of Australian citizenship\n\n#### Subdivision A—Simplified outline of this Division\n\n#### 32A Simplified outline of this Division\n\n The following is a simplified outline of this Division:\n\nThere are 5 ways in which you can cease to be an Australian citizen:\n\n• you may renounce your Australian citizenship: see section 33; or\n\n• 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\n\n• 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\n\n• if you are the child of a responsible parent who ceases to be an Australian citizen, the Minister can revoke your citizenship in some situations: see section 36; or\n\n• if you are convicted of certain offences and an order is made by a court that you cease to be an Australian citizen: see Subdivision C (citizenship cessation).\n\n#### Subdivision B—Citizenship renunciation and revocation\n\n#### 33 Renunciation by application\n\n (1) A person may make an application to the Minister to renounce the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Minister’s decision\n (2) The Minister must, by writing, approve or refuse to approve the person renouncing his or her Australian citizenship.\n (3) Subject to this section, the Minister must approve the person renouncing his or her Australian citizenship if the Minister is satisfied that:\n (a) the person is aged 18 or over, and is a national or citizen of a foreign country, at the time the person made the application; or\n (b) the person was born, or is ordinarily resident, in a foreign country and is not entitled, under the law of that country, to acquire the nationality or citizenship of that country because the person is an Australian citizen.\n (4) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n (5) The Minister may refuse to approve the person renouncing his or her Australian citizenship if the person:\n (a) is a national or citizen of a foreign country at the time the person made the application; and\n (b) made the application during a war in which Australia is engaged.\n (6) The Minister must not approve the person renouncing his or her Australian citizenship if the Minister considers that it would not be in the interests of Australia to do so.\n (7) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person:\n (a) is a national or citizen of a foreign country immediately before the Minister’s decision on the application; or\n (b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval.\n Time citizenship ceases\n (8) If the Minister approves a person renouncing his or her Australian citizenship, the person ceases to be an Australian citizen at the time of the approval.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 34 Revocation by Minister—offences or fraud\n\n Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision A or AA of Division 2 (including because of the operation of section 32); and\n (b) either of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n Citizenship by conferral\n (2) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2 (including because of the operation of section 32); and\n (b) any of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person has, at any time after making the application to become an Australian citizen, been convicted of a serious offence within the meaning of subsection (5);\n (iii) the person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud within the meaning of subsection (6);\n (iv) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n (3) However, the Minister must not decide under subsection (2) to revoke a person’s Australian citizenship if:\n (a) the Minister may revoke the person’s Australian citizenship under that subsection only because of the application of subparagraph (2)(b)(ii); and\n (b) 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.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n Serious offence\n (5) For the purposes of this section, a person has been convicted of a serious offence if:\n (a) the person has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to death or to a serious prison sentence; and\n (b) the person committed the offence at any time before the person became an Australian citizen.\n Migration‑related fraud\n (6) For the purposes of this section, a person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud if and only if:\n (a) at any time, the person was convicted of an offence against:\n (i) section 234, 236 or 243, or former section 244 (as in force before its repeal by the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008), of the Migration Act 1958; or\n (ii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n that the person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the person’s entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia.\n (7) Subsection (6) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident.\n Third‑party fraud\n (8) For the purposes of this section, a person (the applicant) obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud if and only if:\n (a) at any time, another person was convicted of an offence against section 50 of this Act, or section 134.1, 135.2, 135.4, 136.1, 137.1, 137.2, 139.1, 141.1, 142.1, 142.2, 144.1, 145.1, 145.2, 145.4, 145.5 or 149.1 of the Criminal Code, that the other person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the Minister approving the applicant becoming an Australian citizen.\n Charge proved but no conviction\n (9) A reference in this section to a conviction of an offence:\n (a) in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; and\n (b) in relation to a law of a State or Territory or a foreign country—includes a reference to the making of an order under the corresponding provision of a law of the State or Territory or foreign country in relation to the offence.\n\n#### 34A Revocation by Minister—special residence requirements\n\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2; and\n (b) the person became an Australian citizen in circumstances where the Minister exercised the power under subsection 22A(1A) or 22B(1A); and\n (c) in a case in which the power was exercised under subsection 22A(1A)—the Minister is satisfied that the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; and\n (d) in a case in which the power was exercised under subsection 22B(1A)—the Minister is satisfied that:\n (i) the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; or\n (ii) the person will not be, or was not, present in Australia for a total of at least 180 days during that 2‑year period.\n (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.\n (3) The power under subsection (1) may only be exercised by the Minister personally.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 36 Children of responsible parents who cease to be citizens\n\n (1) If:\n (a) a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and\n (b) at the cessation time, the person is a responsible parent of a child aged under 18;\n then:\n (c) the Minister may, by writing, revoke the child’s Australian citizenship; and\n (d) if the Minister does so—the child ceases to be an Australian citizen at the time of the revocation.\n Exception—another responsible parent\n (2) If, at the cessation time, another responsible parent of the child is an Australian citizen, subsection (1) does not apply to the child:\n (a) while there is a responsible parent who is an Australian citizen; and\n (b) if there ceases to be such a responsible parent because of the death of a responsible parent—at any time after that death.\n Exception—statelessness\n (3) The Minister must not revoke a child’s Australian citizenship under subsection (1) if the Minister is satisfied that the child would then become a person who is not a national or citizen of any country.\n\n#### Subdivision C—Citizenship cessation\n\n#### 36A Purpose of this Subdivision\n\n This Subdivision is enacted because the Parliament recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia.\n\n#### 36B Cessation of citizenship if citizenship cessation order made by court etc.\n\n (1) Subject to this section, if an order is made under subsection 36C(1) in relation to a person, the person ceases to be an Australian citizen at the time the order is made.\n Order overturned or quashed\n (2) If a decision of a court overturns or quashes the order made under subsection 36C(1), the person’s citizenship is taken never to have ceased under subsection (1) of this section.\n (3) The validity of anything done in reliance on the order made under subsection 36C(1) before the order was overturned or quashed is not affected.\n Appeal decision\n (4) If:\n (a) a decision (the first decision) of a court overturning or quashing the order made under subsection 36C(1) in relation to the person is appealed; and\n (b) the decision (the second decision) on appeal overturns or quashes the first decision;\n the person ceases to be an Australian citizen at the time the second decision is made.\n\n#### 36C Citizenship cessation order if person is convicted of serious offence\n\n (1) If:\n (a) a person is convicted of one or more serious offences; and\n (b) the court has decided to impose on the person, in respect of the conviction or convictions, a period of imprisonment that is at least 3 years or periods of imprisonment that total at least 3 years; and\n (c) before the court imposes the sentence or sentences on the person in respect of the conviction or convictions, the Minister makes an application under subsection 36D(1) for an order to be made under this subsection in relation to the person; and\n (d) the court is satisfied of the matters specified in subsection (4) of this section;\n the court may, when imposing such a period or periods of imprisonment on the person in respect of the conviction or convictions, also order at that time as part of the sentence or sentences that the person ceases to be an Australian citizen.\n\n> Note: Subsections (5) and (6) set out, without limitation, matters the court must have regard to in deciding whether to make an order under this subsection.\n\n (2) However, the court must not make an order under subsection (1) in relation to the person if the court is satisfied that the person would, if the court were to make the order, become a person who is not a national or citizen of any country.\n Serious offence\n (3) A serious offence is an offence against any of the following provisions:\n (a) a provision of Subdivision A of Division 72 of the Criminal Code (explosives and lethal devices);\n (b) a provision of Subdivision B of Division 80 of the Criminal Code (treason);\n (c) section 83.1 of the Criminal Code (advocating mutiny);\n (d) a provision of Division 91 of the Criminal Code (espionage);\n (e) a provision of Division 92 of the Criminal Code (foreign interference);\n (f) a provision of Part 5.3 of the Criminal Code (terrorism), other than the following provisions:\n (i) section 102.8;\n (ii) Division 104;\n (iii) Division 105;\n (iv) section 105A.7D;\n (v) section 105A.18B;\n (fa) a provision of Part 5.3A of the Criminal Code (state sponsors of terrorism), other than section 112.7;\n (g) a provision of Part 5.5 of the Criminal Code (foreign incursions and recruitment).\n Court to be satisfied of certain matters etc.\n (4) For the purposes of paragraph (1)(d), the matters are the following:\n (a) the person is aged 14 or over;\n (b) the person is an Australian citizen;\n (c) the person’s conduct to which the conviction or convictions relate is so serious and significant that it demonstrates that the person has repudiated their allegiance to Australia.\n (5) In deciding whether the court is satisfied of the matter referred to in paragraph (4)(c) in relation to the person’s conduct, the court must have regard to the following matters:\n (a) whether the conduct to which the conviction or convictions relate demonstrates a repudiation of the values, democratic beliefs, rights and liberties that underpin Australian society;\n (b) the degree, duration or scale of the person’s commitment to, or involvement in, the conduct to which the conviction or convictions relate;\n (c) the intended scale of the conduct to which the conviction or convictions relate;\n (d) the actual impact of the conduct to which the conviction or convictions relate;\n (e) whether the conduct to which the conviction or convictions relate caused, or was intended to cause, harm to human life or a loss of human life.\n (6) In deciding whether to make an order under subsection (1) in relation to the person, the court must have regard to the following matters:\n (a) if the person is a child aged under 18—the best interests of the child;\n (b) if the person has any dependent children in Australia—the best interests of those children;\n (c) the person’s connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person.\n (7) Subsection (6) does not limit the matters to which the court may have regard in deciding whether to make an order under subsection (1) in relation to the person.\n Concurrent sentences\n (8) If:\n (a) a person has been convicted of 2 or more serious offences; and\n (b) a court has decided to impose on the person, in respect of the conviction or convictions, 2 or more periods of imprisonment to be served concurrently (whether in whole or in part);\n then, for the purposes of subsection (1), the whole of each period is to be counted in working out the total of those periods.\n\n> Note: Example: A person is convicted of 2 serious offences and a court has decided to impose on the person in respect of the convictions 2 periods of 2 years imprisonment to be served concurrently. For the purposes of subsection (1), the total period of imprisonment is 4 years.\n\n References to period of imprisonment\n (9) For the purposes of subsection (1):\n (a) a reference to a period of imprisonment in that subsection does not include a period of imprisonment that is suspended; and\n (b) a reference to a period of imprisonment in that subsection includes a reference to a single sentence of imprisonment that a court has decided to impose in respect of both one or more serious offences and one or more other offences.\n Other matters\n (10) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n (11) Part IB of the Crimes Act 1914 (which deals with sentencing, imprisonment and release of federal offenders) does not apply in relation to an order under this section.\n\n#### 36D Application by the Minister for a citizenship cessation order\n\n (1) The Minister may make an application for an order to be made by a court under subsection 36C(1) in relation to a person.\n (2) The application may be made before or after the person is convicted of one or more serious offences but must be made before the person is sentenced.\n Consultation with the Foreign Affairs Minister\n (3) Before the Minister makes the application, the Minister must consult the Foreign Affairs Minister.\n Matters relating to the application\n (4) The application must include the following matters:\n (a) information about the person’s age;\n (b) information about the person’s Australian citizenship;\n (c) information about the person’s nationality or citizenship of other countries.\n (5) The application:\n (a) must be made in the jury’s absence; and\n (b) must not be referred to in the presence of the jury; and\n (c) must only be heard after the person is convicted of one or more serious offences.\n Notice of application\n (6) The Minister must give the person written notice of the application as soon as practicable after the application is made. The Minister may also give written notice of the application to such other persons as the Minister considers appropriate.\n (7) Section 47 (notification of decisions) does not apply to a decision of the Minister to make the application.\n Australian citizens to which this section applies\n (8) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n\n#### 36L No resumption of citizenship if citizenship ceases under this Subdivision\n\n If a person ceases to be an Australian citizen under this Subdivision, Divisions 1 and 2 of this Part do not apply in relation to the person after that cessation.\n\n> Note: See section 36B for when a person ceases to be an Australian citizen.\n\n### Division 4—Evidence of Australian citizenship\n\n#### 37 Evidence of Australian citizenship\n\n (1) A person may make an application to the Minister for evidence of the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Notice\n (2) The Minister may give the person a notice stating that the person is an Australian citizen at a particular time.\n (3) The notice must:\n (a) be in a form prescribed by the regulations; and\n (b) contain any other matter prescribed by the regulations.\n Identity\n (4) The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n Evidentiary status\n (5) A notice is prima facie evidence of the matters in the notice.\n Cancellation\n (6) The Minister may, by writing, cancel a notice given to a person under this section.\n\n#### 38 Surrender of physical evidentiary notice\n\n Request for surrender\n (1) If:\n (a) the Minister makes a decision under section 34 or 34A to revoke a person’s Australian citizenship; and\n (b) at the time of the revocation, there is in force a notice under section 37 in relation to the person; and\n (c) the notice was given to the person in a physical form;\n the Minister may request the person to surrender the notice to the Minister.\n (2) If the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37 and the notice was given to the person in a physical form, the Minister may request the person to surrender the notice to the Minister.\n Form of request\n (3) A request given to a person under subsection (1) or (2) must:\n (a) be made in writing; and\n (b) specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and\n (c) specify how the person is to surrender the notice to the Minister; and\n (d) contain a statement to the effect that a failure to comply with the request is an offence.\n Offence\n (4) A person commits an offence if:\n (a) the person is given a request that is in accordance with this section; and\n (b) the person fails to comply with the request.\n\nPenalty for contravention of this subsection: 10 penalty units.\n\n#### 39 Altering evidentiary notice\n\n A person commits an offence if:\n (a) the person alters, or causes or permits to be altered, a notice; and\n (b) the notice was given to a person under section 37.\n\nPenalty: Imprisonment for 12 months.\n\n### Division 5—Personal identifiers\n\n#### Subdivision A—Obtaining personal identifiers\n\n#### 40 Request for personal identifiers\n\n (1) For the purposes of the Minister being satisfied of the identity of:\n (a) a person in relation to an application under this Part; or\n (b) a person who has sought to sit a test approved in a determination under section 23A;\n the following persons may request the person, in writing, to provide one or more specified personal identifiers:\n (c) the Minister;\n (d) a person authorised under subsection (3);\n (e) a person who is included in a class of persons authorised under subsection (4).\n Form of request\n (2) A request must inform the person of the matters prescribed by the regulations.\n Authorisations\n (3) The Minister may, by writing, authorise a person for the purposes of paragraph (1)(d).\n (4) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (1)(e).\n\n#### 41 Provision of personal identifiers\n\n The regulations may prescribe the procedures and requirements that apply to the provision of a personal identifier by a person under this Division.\n\n#### Subdivision B—Obligations relating to identifying information\n\n#### 42 Accessing identifying information\n\n (1) A person commits an offence if:\n (a) the person accesses identifying information; and\n (b) the person is not authorised under this section to access the identifying information for the purpose for which the person accessed it.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) This section does not apply if the person believes on reasonable grounds that the access is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n (2) This section does not apply if the access is through:\n (a) a disclosure that is a permitted disclosure within the meaning of section 43; or\n (b) a disclosure to which section 43 does not apply because of the operation of subsection 43(1A).\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Authorisation\n (3) The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.\n (4) The Minister must specify in an authorisation under subsection (3), as the purpose or purposes for which access is authorised, one or more of the following purposes:\n (a) either or both of the purposes set out in paragraph 10(2)(c);\n (b) disclosing identifying information in accordance with this Division;\n (c) administering or managing the storage of identifying information;\n (d) making identifying information available to the person to whom it relates;\n (e) modifying identifying information to enable it to be matched with other identifying information;\n (f) modifying identifying information in order to correct errors or ensure compliance with appropriate standards;\n (g) the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act;\n (h) complying with Australian laws.\n\n#### 43 Disclosing identifying information\n\n (1) A person commits an offence if:\n (a) the person’s conduct causes disclosure of identifying information; and\n (b) the disclosure is not a permitted disclosure.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure;\n this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person.\n\n> Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: Australian Privacy Principle 6 may apply to further disclosures of that identifying information by a person who is not an entrusted person.\n\n (1B) This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).\n\n (2) A permitted disclosure is a disclosure that:\n (b) is for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; or\n (c) is for the purpose of administering or managing the storage of identifying information; or\n (d) is for the purpose of making the identifying information in question available to the person to whom it relates; or\n (da) is to an agency of the Commonwealth, a State or a Territory in order to verify that a person is an Australian citizen; or\n (e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or\n (ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth, a State or a Territory; or\n (eb) is required by an Australian law; or\n (f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or\n (g) is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or\n (h) takes place with the written consent of the person to whom the identifying information in question relates.\n\n#### 44 Unauthorised modification or impairment of identifying information\n\n Unauthorised modification\n (1) A person commits an offence if:\n (a) the person causes any unauthorised modification of identifying information; and\n (b) the person intends to cause the modification; and\n (c) the person knows that the modification is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Unauthorised impairment\n (2) A person commits an offence if:\n (a) the person causes any unauthorised impairment of:\n (i) the reliability of identifying information; or\n (ii) the security of the storage of identifying information; or\n (iii) the operation of a system by which identifying information is stored; and\n (b) the person intends to cause the impairment; and\n (c) the person knows that the impairment is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Exception\n (2A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure within the meaning of section 43;\n this section does not apply in relation to any modification or impairment of that identifying information by a person who is not an entrusted person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n Interpretation\n (3) In this section:\n (a) modification of identifying information; or\n (b) impairment of the reliability of identifying information; or\n (c) impairment of the security of the storage of identifying information; or\n (d) impairment of the operation of a system by which identifying information is stored;\n by a person is unauthorised if the person is not entitled to cause that modification or impairment.\n (4) Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.\n (5) For the purposes of this section, a person causes any such unauthorised modification or impairment if the person’s conduct substantially contributes to it.\n (6) For the purposes of subsection (3), if:\n (a) a person causes any modification or impairment of a kind mentioned in that subsection; and\n (b) the person does so under a warrant issued under an Australian law;\n the person is entitled to cause that modification or impairment.\n\n#### 45 Destroying identifying information\n\n (1) A person commits an offence if:\n (a) the person is the responsible person for identifying information; and\n (b) the person fails to destroy the identifying information as soon as practicable after the person is no longer required under the Archives Act 1983 to keep the identifying information.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n> Note: See section 24 of the Archives Act 1983 on the obligation to keep the identifying information.\n\n (2) This section does not apply if the identifying information is:\n (a) a personal identifier that is any of the following:\n (i) a measurement of a person’s height and weight;\n (ii) a photograph or other image of a person’s face;\n (iii) a person’s signature; or\n (b) identifying information derived from or relating to such a personal identifier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Definitions\n (3) For the purposes of this section, the responsible person for identifying information is:\n (a) if the identifying information is stored on a database—the person who has day‑to‑day control of the database; or\n (b) otherwise—the person who has day‑to‑day responsibility for the system under which the identifying information is stored.\n (4) For the purposes of this section, identifying information is destroyed if:\n (a) in the case of identifying information that is a personal identifier—it is physically destroyed; and\n (b) in any other case—any means of identifying it with the person to whom it relates is destroyed.\n (5) For the purposes of this section, a database is a discrete body of information stored by electronic means, containing:\n (a) indexes of persons who have provided personal identifiers in accordance with a request under this Division; and\n (b) their identifying information.\n\n## Part 3—Other matters\n\n### Division 1—Bogus documents\n\n#### 45A Prohibition on, and forfeiture of, bogus documents\n\n (1) A person (whether a citizen or non‑citizen) must not give a bogus document to the Minister, a person acting under a delegation or authorisation of the Minister, a tribunal or any other person or body performing a function or purpose under, or in relation to, this Act (the official), or cause such a document to be so given.\n (2) A bogus document given in contravention of subsection (1) is forfeited to the Commonwealth.\n\n#### 45B Seizure of bogus documents\n\n (1) If the Minister reasonably suspects that a document is forfeited under subsection 45A(2), then the Minister may seize the document.\n (2) As soon as practicable after seizing the document, the Minister must give written notice of the seizure to the person who gave the document to the official under subsection 45A(1).\n (3) The notice must:\n (a) identify the document; and\n (b) state that the document has been seized; and\n (c) specify the reason for the seizure; and\n (d) state that the document will be condemned as forfeited unless the person institutes proceedings against the Commonwealth before the end of the period specified in the notice:\n (i) to recover the document; or\n (ii) for a declaration that the document is not forfeited.\n (4) For the purposes of paragraph (3)(d), the period must:\n (a) start on the date of the notice; and\n (b) end 90 days after that date.\n\n#### 45C Document condemned as forfeited\n\n (1) If a document is seized under subsection 45B(1), then:\n (a) the person who gave the document to the official under subsection 45A(1); and\n (b) if that person is not the owner of the document—the owner;\n may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction:\n (c) to recover the document; or\n (d) for a declaration that the document is not forfeited.\n (2) The proceedings:\n (a) may be instituted even if the seizure notice required to be given under subsection 45B(2) in relation to the document has not yet been given; and\n (b) may only be instituted before the end of the period specified in the seizure notice.\n (3) If, before the end of the period specified in the seizure notice, the person or owner does not institute the proceedings, the document is condemned as forfeited to the Commonwealth immediately after the end of that period.\n (4) If, before the end of the period specified in the seizure notice, the person or owner does institute the proceedings, the document is condemned as forfeited to the Commonwealth at the end of the proceedings unless there is:\n (a) an order for the person or owner to recover the document; or\n (b) a declaration that the document is not forfeited.\n (5) For the purposes of subsection (4), if the proceedings go to judgment, they end:\n (a) if no appeal against the judgment is lodged within the period for lodging such an appeal—at the end of that period; or\n (b) if an appeal against the judgment is lodged within that period—when the appeal lapses or is finally determined.\n\n#### 45D Dealing with a document after it is condemned as forfeited\n\n (1) If, under section 45C, a document is condemned as forfeited to the Commonwealth, it must be dealt with or disposed of (including by being given to another person) in accordance with any direction given by the Minister.\n (2) If the Minister considers that the document may be relevant to proceedings in a court or tribunal, then the Minister:\n (a) must give a direction for the safe keeping of the document; and\n (b) must authorise access to the document for the purposes of those proceedings.\n (3) A direction given under this section is not a legislative instrument.\n\n### Division 2—Other\n\n#### 46 Application requirements\n\n (1) An application under a provision of this Act must:\n (a) be on the relevant form approved by the Minister for the purposes of that provision; and\n (b) contain the information required by the form; and\n (c) be accompanied by any other information or documents prescribed by the regulations; and\n (d) be accompanied by the fee (if any) prescribed by the regulations.\n (1AA) However, paragraphs (1)(a) and (b) do not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed by the regulations; and\n (b) contains the information prescribed by the regulations.\n (1A) For applications made under section 21 by persons who, in order to be eligible to become an Australian citizen under subsection 21(2), must have sat a test approved in a determination under section 23A, the fee prescribed by the regulations may include a component that relates to the sitting of that test.\n Approval of forms\n (2) The Minister may, by writing, approve one or more forms for the purposes of a provision of this Act under which an application may be made.\n\n> Note: For example, there are 2 ways to become an Australian citizen by descent under section 16\\. The Minister may approve 1 form for the purposes of that section or may approve 2 different forms.\n\n Children aged under 16\n (2A) An application under a provision of this Act by a child aged under 16 must be set out:\n (a) on a form that contains no other application; or\n (b) on a form that also contains an application by 1 responsible parent of the child.\n (2B) However, subsection (2A) does not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed under paragraph (1AA)(a) of this section; and\n (b) contains the information prescribed under paragraph (1AA)(b) of this section.\n Remission, refund or waiver of fees\n (3) The regulations may make provision for and in relation to the remission, refund or waiver of any fees of a kind referred to in paragraph (1)(d).\n\n#### 47 Notification of decisions\n\n (1) If the Minister makes a decision under this Act in relation to a person, the Minister must give the person notice of the decision.\n Child\n (2) If the person is a child, the Minister satisfies the requirement in subsection (1) if the Minister gives a parent of the child notice of the decision.\n Reasons for adverse decision\n (3) If the decision is an adverse decision, the notice must include the reasons for the decision.\n Form of notice\n (4) The Minister must give the notice in the manner prescribed by the regulations (which includes electronic form).\n Procedural defect does not affect validity of decision\n (5) A failure to comply with subsection (3) or (4) does not affect the validity of the decision.\n\n#### 48 Computerised decision‑making\n\n Computer‑based decisions\n (1) The Minister may, by writing, arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under this Act or the regulations:\n (a) make a decision; or\n (b) exercise any power or comply with any obligation; or\n (c) do anything else related to making a decision or exercising a power or complying with an obligation.\n (2) The Minister is taken to have:\n (a) made a decision; or\n (b) exercised a power or complied with an obligation; or\n (c) done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;\n that was made, exercised, complied with or done by the operation of a computer program under such an arrangement.\n Minister may substitute his or her own decision\n (3) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under such an arrangement if:\n (a) a notice under section 49 relates to the computer program and to the initial decision; and\n (b) the notice states that the computer program was not functioning correctly; and\n (c) the substituted decision could have been made under the same provision of this Act or the regulations as the initial decision; and\n (d) the substituted decision is more favourable to the applicant.\n (4) The Minister does not have a duty to consider whether to exercise the power under subsection (3) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (5) Subsection (3) has effect despite any law of the Commonwealth, or any rule of common law, to the contrary effect.\n Exceptions\n (5A) This section does not apply in relation to anything done under Subdivision C of Division 3 of Part 2 (citizenship cessation).\n Arrangement not a legislative instrument\n (6) An arrangement under subsection (1) is not a legislative instrument.\n\n#### 49 Evidence of whether computer program is functioning correctly\n\n Issue of notices\n (1) In citizenship proceedings, a notice signed by an authorised person stating whether or not a specified computer program was functioning correctly:\n (a) at a specified time or during a specified period; and\n (b) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 48(1);\n is prima facie evidence of the matters stated in the notice.\n Ministerial authorisations\n (2) The Minister may, by writing, authorise a person to issue notices under this section.\n (3) The Minister may, by legislative instrument, authorise a class of persons to issue notices under this section.\n Definitions\n (4) In this section:\n\n> authorised person means:\n\n (a) an APS employee in the Department; or\n (b) a person authorised under subsection (2) to issue notices under this section; or\n (c) any person who is included in a class of persons authorised under subsection (3) to issue notices under this section.\n\n> citizenship proceedings means:\n\n (a) proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or\n (b) proceedings that relate to an application for review under section 52.\n\n> functioning correctly: a computer program is functioning correctly if:\n\n (a) outcomes from its operation comply with this Act and the regulations; and\n (b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.\n\n#### 50 False statements or representations\n\n (1) A person commits an offence if:\n (a) the person makes, or causes or permits to be made, a representation or statement; and\n (b) the person does so knowing that the representation or statement is false or misleading in a material particular; and\n (c) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n (2) A person commits an offence if:\n (a) the person conceals, or causes or permits to be concealed, a material circumstance; and\n (b) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n#### 51 Geographical jurisdiction for offences\n\n Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act.\n\n#### 51A Things seized under Crimes Act search warrant and information about such things\n\n (1) This section applies to the following:\n (a) a thing seized (warrant material) under a search warrant issued under Division 2 of Part 1AA of the Crimes Act 1914;\n (b) information (warrant information) that is about, or obtained from, warrant material.\n (2) A constable or Commonwealth officer who, under subsection 3ZQU(1) of the Crimes Act 1914, may use or make available warrant material, is authorised to make available warrant material or warrant information:\n (a) to a person covered by subsection (4); and\n (b) for a purpose mentioned in subsection (3).\n (3) A person covered by subsection (4) is authorised to receive and use warrant material and warrant information, or make it available to another person covered by subsection (4), for the following purposes:\n (a) making a decision, or assisting in making a decision, to approve or refuse to approve a person becoming an Australian citizen;\n (b) making a decision, or assisting in making a decision, to revoke a person’s Australian citizenship;\n (c) making a decision, or assisting in making a decision, to cancel an approval given to a person under section 24.\n\n> Note: Subsection 3ZQU(4) of the Crimes Act 1914 contemplates that another law of the Commonwealth may require or authorise the use or making available of a document or other thing to persons, or for purposes, in addition to those listed in subsection 3ZQU(1) of that Act.\n\n (4) The following persons are covered by this subsection:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department whose duties include making decisions, or assisting in making decisions, in relation to Australian citizenship.\n\n#### 51B Reports to Parliament\n\n (1) As soon as practicable after a reporting period ends, the Minister must table a report in each House of the Parliament that sets out the number of applications made under section 36D to which both of the following apply:\n (a) the applications were made during the reporting period to which the report relates or during an earlier reporting period;\n (b) the applications relate to persons who, during the reporting period to which the report relates, were convicted and sentenced for one or more serious offences.\n (2) The report must not contain information, or content of a document, if:\n (a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010); or\n (b) the disclosure of the information or content would or might prejudice:\n (i) the security, defence or international relations of Australia; or\n (ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions; or\n (c) the disclosure of the information or content would or might endanger a person’s safety; or\n (d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.\n (3) In this section:\n\n> reporting period means:\n\n (a) the period of 12 months beginning on the day the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 commences; or\n (b) each subsequent 12‑month period.\n\n#### 52 Review of decisions\n\n (1) An application may be made to the Administrative Review Tribunal for review of the following decisions:\n (a) a decision under section 17 to refuse to approve a person becoming an Australian citizen;\n (aa) a decision under section 19D to refuse to approve a person becoming an Australian citizen;\n (b) a decision under section 24 to refuse to approve a person becoming an Australian citizen;\n (c) a decision under section 25 to cancel an approval given to a person under section 24;\n (d) a decision under section 30 to refuse to approve a person becoming an Australian citizen again;\n (e) a decision under section 33 to refuse to approve a person renouncing his or her Australian citizenship, except a refusal because of the operation of subsection 33(5) (about war);\n (f) a decision under section 34 or subsection 36(1) to revoke a person’s Australian citizenship;\n (g) a decision under section 37 to refuse to give a person a notice stating that the person is an Australian citizen at a particular time.\n Citizenship by conferral decision\n (2) However, if:\n (a) the Minister makes a decision under section 24 to refuse to approve a person becoming an Australian citizen; and\n (b) the Minister’s reasons for the decision did not refer to the eligibility ground in subsection 21(8) (about statelessness); and\n (c) the person was aged 18 or over at the time the person made the application to become an Australian citizen;\n a person (the applicant) cannot apply for review of that decision unless the applicant is a permanent resident.\n (3) For the purposes of the Administrative Review Tribunal reviewing a decision of a kind referred to in paragraph (1)(b):\n (a) the Tribunal must not exercise the power under subsection 22A(1A) or 22B(1A); and\n (b) the Tribunal must not review any exercise of the power or any failure to exercise the power.\n\n#### 53 Delegation\n\n (1) The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act or the regulations.\n (2) However, subsection (1) does not apply in relation to the function under subsection 23A(1) (about approval of citizenship test) or the power under section 36D (about application for citizenship cessation order).\n\n#### 54 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":17},{"sectionNumber":"11A","sectionType":"section","heading":"Simplified outline","content":"#### 11A Simplified outline\n\n The following is a simplified outline of this Division:\n\nThe most common way you become an Australian citizen under this Division is by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of your birth.\n\nThere are some other, less common, ways of becoming an Australian citizen under this Division. These cover:\n\n• citizenship by being born in Australia and by being ordinarily resident in Australia for the next 10 years: see section 12; and\n\n• citizenship by adoption: see section 13; and\n\n• citizenship for abandoned children: see section 14; and\n\n• citizenship by incorporation of territory: see section 15.","sortOrder":18},{"sectionNumber":"12","sectionType":"section","heading":"Citizenship by birth","content":"#### 12 Citizenship by birth\n\n (1) A person born in Australia is an Australian citizen if and only if:\n (a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or\n (b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.\n Enemy occupation\n (2) However, a person is not an Australian citizen under this section if, at the time the person is born:\n (a) a parent of the person is an enemy alien; and\n (b) the place of the birth is under occupation by the enemy;\n unless, at that time, the other parent of the person:\n (c) is an Australian citizen or a permanent resident; and\n (d) is not an enemy alien.","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"Citizenship by adoption","content":"#### 13 Citizenship by adoption\n\n A person is an Australian citizen if the person is:\n (a) adopted under a law in force in a State or Territory; and\n (b) adopted by a person who is an Australian citizen at the time of the adoption or by 2 persons jointly at least one of whom is an Australian citizen at that time; and\n (c) present in Australia as a permanent resident at that time.","sortOrder":20},{"sectionNumber":"14","sectionType":"section","heading":"Citizenship for abandoned children","content":"#### 14 Citizenship for abandoned children\n\n A person is an Australian citizen if the person is found abandoned in Australia as a child, unless and until the contrary is proved.","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Citizenship by incorporation of Territory","content":"#### 15 Citizenship by incorporation of Territory\n\n (1) A person is an Australian citizen if:\n (a) any territory becomes a part of Australia; and\n (b) the person is included in a class of persons specified in a determination under this section.\n Determination\n (2) The Minister may, by legislative instrument, determine that specified classes of persons are Australian citizens from a specified day because of their connection with that territory.\n Day citizenship begins\n (3) The person becomes an Australian citizen on that day.\n Retrospective application of instruments\n (4) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the instrument.","sortOrder":22},{"sectionNumber":"Division 2","sectionType":"division","heading":"Acquisition of Australian citizenship by application","content":"An Act relating to Australian citizenship\n\nPreamble\n\n The Parliament recognises that 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.\n The Parliament recognises that persons conferred Australian citizenship enjoy these rights and undertake to accept these obligations:\n (a) by pledging loyalty to Australia and its people; and\n (b) by sharing their democratic beliefs; and\n (c) by respecting their rights and liberties; and\n (d) by upholding and obeying the laws of Australia.\n\nThe Parliament of Australia enacts:\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Citizenship Act 2007.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

15 March 2007

2. Sections 2A to 54

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01653)

3. Schedule 1

At the same time as the provisions covered by table item 2.

1 July 2007

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 2A Simplified outline\n\n The following is a simplified outline of this Act:\n\nWhat this Act covers\n\nThis Act sets out how you become an Australian citizen, the circumstances in which you may cease to be a citizen and some other matters related to citizenship.\n\nBecoming an Australian citizen\n\nThere are a range of ways you can become an Australian citizen.\n\nAcquiring citizenship automatically\n\nGenerally, you become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born.\n\nThere are some other, less common, ways of automatically becoming a citizen.\n\nDivision 1 of Part 2 has details about acquiring citizenship automatically.\n\nAlso, if you were a citizen under the old Act immediately before the day that this section commences, you will continue to be a citizen: see subsection 4(1).\n\nAcquiring citizenship by application\n\nThe other way to become an Australian citizen is to apply to the Minister. This is covered by Division 2 of Part 2\\. There are 4 situations in which you can apply for citizenship.\n\nThe first is citizenship by descent. Generally, you would apply for this if you were born outside Australia and one or both of your parents were Australian citizens when you were born. Citizenship by descent is covered by Subdivision A.\n\nThe second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA.\n\nThe third is citizenship by conferral. Generally, you would need to be a permanent resident and willing to make a pledge of commitment to apply for citizenship by conferral. You may need to successfully complete a citizenship test. There are some less common circumstances in which you can apply for citizenship by conferral. Citizenship by conferral is covered by Subdivision B.\n\nThe fourth is resuming citizenship. In certain cases where you previously ceased to be an Australian citizen, you can apply for your citizenship to resume. Resuming citizenship is covered by Subdivision C.\n\nThe Minister must be satisfied of your identity for you to acquire citizenship by application. Rules about identification are in Division 5 of Part 2.\n\nThe Minister may be required to refuse your application on national security grounds.\n\nCeasing to be an Australian citizen\n\nThere are a number of ways that you can cease to be an Australian citizen.\n\nYou can renounce your citizenship.\n\nIf you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances.\n\nThere are some other, less common, ways of ceasing to be a citizen.\n\nDivision 3 of Part 2 has details about ceasing to be a citizen.\n\nEvidence that a person is an Australian citizen\n\nYou can apply to the Minister for evidence of your Australian citizenship. This is covered by Division 4 of Part 2.\n\n#### 3 Definitions\n\n In this Act:\n\n> adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> artificial conception procedure includes:\n\n (a) artificial insemination; and\n (b) the implantation of an embryo in the body of a woman.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian citizen has the meaning given by section 4.\n\n> Australian law means a law of the Commonwealth, a State or a Territory.\n\n> bogus document has the same meaning as in subsection 5(1) of the Migration Act 1958.\n\n> child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:\n\n (a) an adopted child, stepchild or exnuptial child of the person;\n (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n\n> citizenship law means:\n\n (a) this Act; and\n (b) the regulations; and\n (c) any legislative instrument made under this Act or the regulations.\n\n> commencement day means the day on which sections 2A to 54 (as originally enacted) commence.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> disclose, in relation to identifying information that is a personal identifier provided under Division 5 of Part 2, includes provide unauthorised access to the personal identifier.\n\n> Note: Section 42 deals with authorised access to identifying information.\n\n> entrusted person means:\n\n (a) the Secretary of the Department; or\n (b) an APS employee in the Department; or\n (c) a person engaged under section 74 of the Public Service Act 1999 by the Secretary of the Department; or\n (d) a person engaged by the Commonwealth, the Minister, the Secretary of the Department, or by an APS employee in the Department, to do work for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act.\n\n> Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> foreign law means a law of a foreign country.\n\n> identifying information means the following:\n\n (a) any personal identifier provided under Division 5 of Part 2;\n (b) any meaningful identifier derived from any such personal identifier;\n (c) any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier;\n (d) any other information derived from:\n (i) any such personal identifier; or\n (ii) any meaningful identifier derived from any such personal identifier; or\n (iii) any record of a kind referred to in paragraph (c);\n that could be used to discover a particular person’s identity or to get information about a particular person.\n\n> national security offence means:\n\n (b) an offence against Division 72 of the Criminal Code; or\n (c) an offence against Part 5.1 of the Criminal Code (treason and related offences) other than section 83.4 (interference with political rights and duties); or\n (ca) an offence against Division 91 of the Criminal Code (espionage); or\n (cb) an offence against Part 5.3 or 5.3A (terrorism), or 5.3B (prohibited hate groups), of the Criminal Code; or\n (d) an offence against the Australian Security Intelligence Organisation Act 1979; or\n (e) an offence against the Intelligence Services Act 2001; or\n (f) an offence covered by a determination in force under section 6A.\n\n> New Guinea:\n\n (a) has the same meaning as the Territory of New Guinea had in the Papua New Guinea Act 1949 immediately before 16 September 1975; and\n (b) in relation to any time before 4 June 1969—includes a reference to the Island of Nauru.\n\n> old Act means the Australian Citizenship Act 1948 as in force at any time before the commencement day.\n\n> ordinarily resident: a person is taken to be ordinarily resident in a country if and only if:\n\n (a) he or she has his or her home in that country; or\n (b) that country is the country of his or her permanent abode even if he or she is temporarily absent from that country.\n However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.\n\n> Papua has the same meaning as the Territory of Papua had in the Papua New Guinea Act 1949 immediately before 16 September 1975.\n\n> permanent resident has the meaning given by section 5.\n\n> permanent visa has the same meaning as in the Migration Act 1958.\n\n> personal identifier has the meaning given by section 10.\n\n> prison includes any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon the person because of that conviction.\n\n> psychiatric institution includes a psychiatric section of a hospital.\n\n> qualified security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> responsible parent has the meaning given by section 6.\n\n> serious offence has the meaning given by subsection 36C(3).\n\n> serious prison sentence means a sentence of imprisonment for a period of at least 12 months.\n\n> serious repeat offender: a person is a serious repeat offender in relation to a serious prison sentence if the sentence was imposed on the person for an offence committed by the person at a time after the person ceased to be confined in prison because of the imposition of another serious prison sentence.\n\n> special category visa has the same meaning as in the Migration Act 1958.\n\n> special purpose visa has the same meaning as in the Migration Act 1958.\n\n> Stateless Persons Convention means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954 \\[1974\\] ATS 20.\n\n> Note: The text of the Convention is set out in Australian Treaty Series 1974 No. 20\\. In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person’s stepchild except that the person is not legally married to the person’s de facto partner.\n\n> unlawful non‑citizen has the same meaning as in the Migration Act 1958.\n\n> visa has the same meaning as in the Migration Act 1958.\n\n#### 4 Australian citizen\n\n (1) For the purposes of this Act, Australian citizen means a person who:\n (a) is an Australian citizen under Division 1 or 2 of Part 2; or\n (b) satisfies both of the following:\n (i) the person was an Australian citizen under the Australian Citizenship Act 1948 immediately before the commencement day;\n (ii) the person has not ceased to be an Australian citizen under this Act.\n Citizenship under the old Act\n (2) If, under this Act, it is necessary to work out if a person was an Australian citizen at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 5 Permanent resident\n\n (1) For the purposes of this Act, a person is a permanent resident at a particular time if and only if:\n (a) the person is present in Australia at that time and holds a permanent visa at that time; or\n (b) both:\n (i) the person is not present in Australia at that time and holds a permanent visa at that time; and\n (ii) the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia; or\n (c) the person is covered by a determination in force under subsection (2) at that time.\n (2) The Minister may, by legislative instrument, determine that:\n (a) persons who hold a special category visa or a special purpose visa; or\n (b) persons who have held a special category visa; or\n (c) persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands;\n and who satisfy specified requirements are, or are during a specified period, persons to whom this subsection applies.\n Permanent resident under the old Act\n (3) If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 6 Responsible parent\n\n (1) For the purposes of this Act, a person is a responsible parent in relation to a child if and only if:\n (a) the person is a parent of the child except where, because of orders made under the Family Law Act 1975, the person no longer has any parental responsibility for the child; or\n (b) under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or\n (c) under a parenting order the person has parental responsibility for the child’s long‑term or day‑to‑day care, welfare and development (whether or not the person is a parent of the child); or\n (d) the person (whether or not a parent of the child) has guardianship or custody of the child, jointly or otherwise, under an Australian law or a foreign law, whether because of adoption, operation of law, an order of a court or otherwise.\n (1A) In paragraph (1)(a):\n\n> parental responsibility has the same meaning as in Part VII of the Family Law Act 1975.\n\n (2) Expressions used in paragraphs (1)(b) and (c) have the same meaning as in the Family Law Act 1975.\n\n#### 6A National security offences\n\n (1) The Minister may, by legislative instrument, determine that:\n (a) an offence against a specified provision of a specified Australian law or a specified foreign law; or\n (b) an offence against an Australian law or a foreign law involving specified conduct;\n is a national security offence for the purposes of paragraph (f) of the definition of national security offence in section 3.\n (2) A determination under subsection (1) applies in relation to:\n (a) applications made under this Act after the determination takes effect; and\n (b) applications made under this Act before the determination takes effect that have not been decided before the determination takes effect.\n\n#### 7 Children born on ships or aircraft or after death of parent\n\n Persons born on ships or aircraft\n (1) For the purposes of this Act:\n (a) a person born on a ship or aircraft registered in Australia or a foreign country is taken to have been born at the place at which the ship or aircraft is registered; and\n (b) a person born on a ship or aircraft not registered in Australia or a foreign country and belonging to the government of a country is taken to have been born in that country.\n Persons born after death of parent\n (2) For the purposes of this Act, the status of a parent of a person at the time of the person’s birth is, for a parent who died before the birth, taken to be the status of the parent when the parent died.\n\n#### 8 Children born as a result of artificial conception procedures or surrogacy arrangements\n\n (1) This section applies if a child is:\n (a) a child of a person under section 60H or 60HB of the Family Law Act 1975; and\n (b) either:\n (i) a child of the person’s spouse or de facto partner under that section; or\n (ii) a biological child of the person’s spouse or de facto partner.\n (2) The child is taken for the purposes of this Act:\n (a) to be the child of the person and the spouse or de facto partner; and\n (b) not to be the child of anyone else.\n\n#### 9 Confinement in prison or psychiatric institution\n\n Confinement in prison\n (1) For the purposes of this Act, the period during which a person is confined to a prison includes a period:\n (a) during which the person is an escapee from the prison; or\n (b) during which the person is undergoing a sentence of periodic detention in the prison.\n (2) For the purposes of this Act, the period during which a person is confined to a prison does not include a period during which the person has been so confined by reason only of the person serving a sentence relating to a conviction that is later quashed.\n Confinement in psychiatric institution\n (3) For the purposes of this Act, the period during which a person is confined in a psychiatric institution by order of a court includes a period during which the person is an escapee from the institution.\n\n#### 10 Personal identifiers\n\n (1) For the purposes of this Act, a personal identifier is any of the following (including any of the following in digital form):\n (a) fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies);\n (b) a measurement of a person’s height and weight;\n (c) a photograph or other image of a person’s face;\n\nNote: See section 10A.\n\n (d) an iris scan;\n (e) a person’s signature;\n (f) any other identifier prescribed by the regulations (except an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914).\n (2) Before the Governor‑General makes regulations for the purposes of paragraph (1)(f) prescribing an identifier, the Minister must be satisfied that:\n (a) obtaining the identifier would not involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914; and\n (b) the identifier is an image of, or a measurement or recording of, an external part of the body; and\n (c) obtaining the identifier is necessary for either or both of the following purposes:\n (i) assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2 or seeking to sit a test approved in a determination under section 23A;\n (ii) combating document and identity fraud in citizenship matters;\n\n#### 10A References to photograph or other image of person’s face\n\n A reference in the citizenship law to a photograph or other image of a person’s face includes a reference to a photograph or other image of:\n (a) the person’s face and all or part of the person’s neck; or\n (b) the person’s face and neck and all or part of the person’s shoulders.\n\n#### 10B Providing photographs and other images of faces to the Minister or authorised persons\n\n (1) This section applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to the Minister; and\n (b) for the purposes of that requirement:\n (i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (2) This section also applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to a person mentioned in paragraph 40(1)(d) or (e); and\n (b) for the purposes of that requirement:\n (i) the person provides to a person mentioned in paragraph 40(1)(d) or (e) (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (3) For the purposes of the citizenship law, the person is taken to provide the derived image to the recipient for the purposes of the requirement mentioned in paragraph (1)(a) or (2)(a) of this section.\n\n#### 11 Operation of Act\n\n External Territories\n (1) This Act extends to the external Territories.\n Application outside Australia\n (2) This Act extends unless the contrary intention appears:\n (a) to acts, omissions, matters and things outside Australia; and\n (b) to all persons, irrespective of their nationality or citizenship.\n State and Territory laws\n (3) It is the intention of the Parliament that this Act apply to the exclusion of any provisions of a law of a State or Territory that provide for Australian citizenship (whether the law was made before or after the commencement day).\n\n## Part 2—Australian citizenship\n\n### Division 1—Automatic acquisition of Australian citizenship\n\n#### 11A Simplified outline\n\n The following is a simplified outline of this Division:\n\nThe most common way you become an Australian citizen under this Division is by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of your birth.\n\nThere are some other, less common, ways of becoming an Australian citizen under this Division. These cover:\n\n• citizenship by being born in Australia and by being ordinarily resident in Australia for the next 10 years: see section 12; and\n\n• citizenship by adoption: see section 13; and\n\n• citizenship for abandoned children: see section 14; and\n\n• citizenship by incorporation of territory: see section 15.\n\n#### 12 Citizenship by birth\n\n (1) A person born in Australia is an Australian citizen if and only if:\n (a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or\n (b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.\n Enemy occupation\n (2) However, a person is not an Australian citizen under this section if, at the time the person is born:\n (a) a parent of the person is an enemy alien; and\n (b) the place of the birth is under occupation by the enemy;\n unless, at that time, the other parent of the person:\n (c) is an Australian citizen or a permanent resident; and\n (d) is not an enemy alien.\n\n#### 13 Citizenship by adoption\n\n A person is an Australian citizen if the person is:\n (a) adopted under a law in force in a State or Territory; and\n (b) adopted by a person who is an Australian citizen at the time of the adoption or by 2 persons jointly at least one of whom is an Australian citizen at that time; and\n (c) present in Australia as a permanent resident at that time.\n\n#### 14 Citizenship for abandoned children\n\n A person is an Australian citizen if the person is found abandoned in Australia as a child, unless and until the contrary is proved.\n\n#### 15 Citizenship by incorporation of Territory\n\n (1) A person is an Australian citizen if:\n (a) any territory becomes a part of Australia; and\n (b) the person is included in a class of persons specified in a determination under this section.\n Determination\n (2) The Minister may, by legislative instrument, determine that specified classes of persons are Australian citizens from a specified day because of their connection with that territory.\n Day citizenship begins\n (3) The person becomes an Australian citizen on that day.\n Retrospective application of instruments\n (4) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the instrument.\n\n### Division 2—Acquisition of Australian citizenship by application\n\n#### Subdivision A—Citizenship by descent\n\n#### 15A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 2 situations:\n\n• you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth: see subsection 16(2); or\n\n• you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949: see subsection 16(3).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 17(3); or\n\n• national security: see subsections 17(4) to (4B); or\n\n• cessation of citizenship: see subsection 17(5).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\nYou 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.\n\n#### 16 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Persons born outside Australia on or after 26 January 1949\n (2) A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person was an Australian citizen at the time of the birth; and\n (b) if the parent was an Australian citizen under this Subdivision or Subdivision AA, or section 10B, 10C or 11 of the old Act (about citizenship by descent), at the time of the birth:\n (i) the parent has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the person made the application; or\n (ii) the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n Persons born outside Australia or New Guinea before 26 January 1949\n (3) A person born outside Australia or New Guinea before 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person became an Australian citizen on 26 January 1949; and\n (b) the parent was born in Australia or New Guinea or was naturalised in Australia before the person’s birth; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 17 Minister’s decision\n\n (1) If a person makes an application under section 16, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n (2) Subject to this section, the Minister must approve the person becoming an Australian citizen if the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 16, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) at the time of the person’s birth, the person had a parent who was an Australian citizen.\n Cessation of citizenship\n (5) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 18 Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19 Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### 19A When a person does not become a citizen despite the Minister’s approval\n\n Despite section 19, a person does not become an Australian citizen under this Subdivision, even if the Minister approves the person becoming an Australian citizen, unless:\n (a) if the person was born on or after 26 January 1949—a parent of the person was an Australian citizen at the time of the person’s birth; or\n (b) if the person was born before 26 January 1949—a parent of the person became an Australian citizen on 26 January 1949.\n\n#### Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n\n#### 19B Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia by at least one Australian citizen in accordance with:\n\n(a) the Hague Convention on Intercountry Adoption; or\n\n(b) a bilateral arrangement.\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 19D(4); or\n\n• national security: see subsections 19D(5) to (7A); or\n\n• cessation of citizenship: see subsection 19D(8).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\n#### 19C Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Eligibility\n (2) A person (the applicant) is eligible to become an Australian citizen if:\n (a) the applicant is adopted in a Convention country or a prescribed overseas jurisdiction by:\n (i) a person (the adopter) who is an Australian citizen at time of the adoption; or\n (ii) 2 persons jointly, only one of whom (the adopter) is an Australian citizen at the time of the adoption; or\n (iii) 2 persons jointly, both of whom (the adopters) are Australian citizens at the time of the adoption; and\n (b) an adoption compliance certificate issued in that country is in force for the adoption; and\n (c) under the Intercountry Adoption regulations or the Bilateral Arrangements regulations, as applicable, the adoption is recognised and effective for the laws of the Commonwealth and each State and Territory; and\n (d) the legal relationship between the applicant and the individuals who were, immediately before the adoption, the applicant’s parents has been terminated; and\n (e) if subparagraph (a)(i) or (ii) applies and the adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—the adopter satisfies subsection (3); and\n (f) if subparagraph (a)(iii) applies and each adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—either or both of the adopters satisfy subsection (3); and\n (g) if the applicant is aged 18 or over at the time the applicant made the application—the Minister is satisfied that the applicant is of good character at the time of the Minister’s decision on the application.\n (3) An adopter satisfies this subsection if the adopter has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the applicant made the application.\n Definitions\n (4) In this section:\n\n> adoption compliance certificate:\n\n (a) for an adoption in accordance with the Hague Convention on Intercountry Adoption—has the same meaning as in the Intercountry Adoption regulations; and\n (b) for an adoption in accordance with a bilateral arrangement—has the same meaning as in the Bilateral Arrangements regulations.\n\n> Bilateral Arrangements regulations means prescribed regulations made under the Family Law Act 1975.\n\n> Convention country has the same meaning as in the Intercountry Adoption regulations.\n\n> Intercountry Adoption regulations means prescribed regulations made under the Family Law Act 1975.\n\n> prescribed overseas jurisdiction has the same meaning as in the Bilateral Arrangements regulations.\n\n#### 19D Minister’s decision\n\n (1) If a person makes an application under section 19C, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (2) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 19C(2).\n (3) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 19C(2).\n Identity\n (4) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (5) If the person is not covered by subsection (7), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (6) If the person is covered by subsection (7), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (7)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7A), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (7)(b)(ii) applies to the person—has been convicted of a national security offence.\n (7) A person is covered by this subsection if:\n (a) at the time the person made the application under section 19C, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7A) The Minister may decide that subparagraph (6)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n Cessation of citizenship\n (8) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 19E Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19F Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### Subdivision B—Citizenship by conferral\n\n#### 19G Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 7 situations:\n\n• you satisfy the general eligibility criteria and have successfully completed a citizenship test: see subsections 21(2) and (2A); or\n\n• you have a permanent or enduring physical or mental incapacity: see subsection 21(3); or\n\n• you are aged 60 or over or have a hearing, speech or sight impairment: see subsection 21(4); or\n\n• you are aged under 18: see subsection 21(5); or\n\n• you were born to a former Australian citizen: see subsection 21(6); or\n\n• you were born in Papua: see subsection 21(7); or\n\n• you are a stateless person: see subsection 21(8).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 24(3); or\n\n• national security: see subsections 24(4) to (4C); or\n\n• non‑presence in Australia: see subsection 24(5); or\n\n• offences: see subsection 24(6); or\n\n• cessation of citizenship: see subsection 24(7).\n\nYou may need to make a pledge of commitment to become an Australian citizen.\n\n#### 20 Requirements for becoming a citizen\n\n A person becomes an Australian citizen under this Subdivision if:\n (a) the Minister decides under subsection 24(1) to approve the person becoming an Australian citizen; and\n (b) if the person is required to make a pledge of commitment to become an Australian citizen—the person makes that pledge.\n\n> Note: Sections 21 to 25 deal with the Minister approving the person becoming an Australian citizen. Sections 26 and 27 deal with the making of a pledge of commitment.\n\n#### 21 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note 1: Subsections (2) to (8) deal with eligibility.\n\n> Note 2: Section 46 sets out application requirements (which may include the payment of a fee).\n\n General eligibility\n (2) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) understands the nature of an application under subsection (1); and\n (e) possesses a basic knowledge of the English language; and\n (f) has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship; and\n (g) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (h) is of good character at the time of the Minister’s decision on the application.\n (2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if the Minister is satisfied that the following apply:\n (a) the person has sat a test approved in a determination under section 23A;\n (b) the person was eligible to sit that test (worked out in accordance with that determination);\n (c) the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination;\n (d) the person successfully completed that test (worked out in accordance with that determination) within the relevant test period.\n Permanent or enduring physical or mental incapacity\n (3) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) has a permanent or enduring physical or mental incapacity, at the time the person made the application, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged 60 or over or has hearing, speech or sight impairment\n (4) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is:\n (i) aged 60 or over at the time the person made the application; or\n (ii) aged 18 or over at the time the person made the application and is suffering from a permanent loss or substantial impairment of hearing, speech or sight at that time; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) understands the nature of the application at the time the person made the application; and\n (d) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged under 18\n (5) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged under 18 at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application.\n Person born to former Australian citizen\n (6) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born outside Australia; and\n (b) a parent of the person was not an Australian citizen at the time of the person’s birth; and\n (c) the parent had ceased to be an Australian citizen under section 17 of the old Act (about dual citizenship) before that time; and\n (d) if the person is aged 18 or over at the time the person made the application—the person is of good character at the time of the Minister’s decision on the application.\n Person born in Papua\n (7) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Papua before 16 September 1975; and\n (b) a parent of the person was born in Australia (within the meaning of this Act at the time the person made the application); and\n (c) the parent was an Australian citizen at the time of the person’s birth; and\n (d) the person is of good character at the time of the Minister’s decision on the application.\n Statelessness\n (8) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Australia; and\n (b) the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (c) the person has:\n (i) never been a national of any country; and\n (ii) never been a citizen of any country; and\n (d) the person:\n (i) is not entitled to acquire the nationality of a foreign country; and\n (ii) is not entitled to acquire the citizenship of a foreign country.\n\n#### 22 General residence requirement\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:\n (a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and\n (b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and\n (c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.\n Overseas absences\n (1A) If:\n (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 12 months;\n then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.\n (1B) If:\n (a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 90 days; and\n (c) the person was a permanent resident during each period of absence;\n then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.\n Confinement in prison or psychiatric institution\n (1C) Subject to subsection (5A), the person is taken not to satisfy paragraph (1)(a) if, at any time during the 4 year period mentioned in that paragraph, the person was:\n (a) confined in a prison; or\n (b) 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.\n Partial exemption—person born in Australia or former Australian citizen\n (2) Paragraphs (1)(a) and (b) do not apply if the person:\n (a) was born in Australia; or\n (b) was an Australian citizen at any time before the person made the application.\n Ministerial discretion—administrative error\n (4A) For the purposes of paragraph (1)(b), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n (5) 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 the Minister considers the person was present in Australia during that period but, because of an administrative error, was not a permanent resident during that period.\n Ministerial discretion—confinement in prison or psychiatric institution\n (5A) The Minister may decide that subsection (1C) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—person in Australia would suffer significant hardship or disadvantage\n (6) 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:\n (a) the person was present in Australia during that period (except as a permanent resident or an unlawful non‑citizen); and\n (b) the Minister is satisfied that the person will suffer significant hardship or disadvantage if that period were not treated as one during which the person was present in Australia as a permanent resident.\n Ministerial discretion—spouse, de facto partner or surviving spouse or de facto partner of Australian citizen\n (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, the Minister may treat a period as one in which the person was present in Australia as a permanent resident if:\n (a) the person was a spouse or de facto partner of that Australian citizen during that period; and\n (b) the person was not present in Australia during that period; and\n (c) the person was a permanent resident during that period; and\n (d) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n (10) In subsection (9):\n\n> 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.\n\n Ministerial discretion—person in an interdependent relationship\n (11) If, at the time the person made the application, the person:\n (a) holds a permanent visa granted to the person because the person was in an interdependent relationship with an Australian citizen; and\n (b) is in that interdependent relationship;\n then, 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:\n (c) the person held that visa during that period and the person was in that interdependent relationship during that period; and\n (d) the person was not present in Australia during that period; and\n (e) the person was a permanent resident during that period; and\n (f) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n\n#### 22A Special residence requirement—persons engaging in activities that are of benefit to Australia\n\n (1) Subject to this section, for the purposes of section 21 a person (the applicant) satisfies the special residence requirement if:\n (a) the following apply:\n (i) the applicant is seeking to engage in an activity specified under subsection 22C(1);\n (ii) the applicant’s engagement in that activity would be of benefit to Australia;\n (iii) the applicant needs to be an Australian citizen in order to engage in that activity;\n (iv) in order for the applicant to engage in that activity, there is insufficient time for the applicant to satisfy the general residence requirement (see section 22); and\n (b) the head of an organisation specified under subsection 22C(2), or a person whom the Minister is satisfied holds a senior position in that organisation, has given the Minister a notice in writing stating that the applicant has a reasonable prospect of being engaged in that activity; and\n (c) the applicant was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the applicant made the application; and\n (d) the applicant was present in Australia for a total of at least 90 days during the period of 12 months immediately before the day the applicant made the application; and\n (e) the applicant was ordinarily resident in Australia throughout the period of 2 years immediately before the day the applicant made the application; and\n (f) the applicant was a permanent resident for the period of 2 years immediately before the day the applicant made the application; and\n (g) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 2 years immediately before the day the applicant made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the applicant if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the applicant; and\n (b) the Minister is satisfied that the applicant satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (c) the applicant was a permanent resident throughout the period of 90 days immediately before the day the applicant made the application; and\n (d) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the applicant made the application; and\n (e) the applicant has given the Minister an undertaking in a form approved by the Minister under subsection (8); and\n (f) the applicant has declared, in the undertaking, that:\n (i) if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection, the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and\n (ii) the applicant understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the applicant, then, for the purposes of section 21, the applicant is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the applicant is taken not to satisfy paragraph (1)(c) if, at any time during the 2 year period mentioned in that paragraph, the applicant was:\n (a) confined in a prison; or\n (b) 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 applicant.\n (3) The Minister may decide that subsection (2) does not apply in relation to the applicant if, taking into account the circumstances that resulted in the applicant’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the applicant.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(c), the Minister may treat a period as one in which the applicant was a permanent resident if the Minister considers that, because of an administrative error, the applicant was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(d), the Minister may treat a period as one in which the applicant was not present in Australia as an unlawful non‑citizen if the Minister considers the applicant was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(e).\n (9) If the applicant becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the applicant becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the activity covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that activity would be of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the applicant.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22B Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the special residence requirement if:\n (a) at the time the person made the application, the person is engaged in work of a kind specified under subsection 22C(3) and the person is required to regularly travel outside Australia because of that work; and\n (b) the following apply:\n (i) the person was engaged in that kind of work for a total of at least 2 years during the period of 4 years immediately before the day the person made the application;\n (ii) for the whole or part of that 4 year period when the person was engaged in that kind of work, the person regularly travelled outside Australia because of that work; and\n (c) the person was present in Australia for a total of at least 480 days during the period of 4 years immediately before the day the person made the application; and\n (d) the person was present in Australia for a total of at least 120 days during the period of 12 months immediately before the day the person made the application; and\n (e) the person was ordinarily resident in Australia throughout the period of 4 years immediately before the day the person made the application; and\n (f) the person was a permanent resident for the period of 12 months immediately before the day the person made the application; and\n (g) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 4 years immediately before the day the person made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the person if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the person; and\n (b) the Minister is satisfied that the person’s engagement in the kind of work concerned is of benefit to Australia; and\n (c) the Minister is satisfied that the person satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (d) the person was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the person made the application; and\n (e) the person was a permanent resident throughout the period of 90 days immediately before the day the person made the application; and\n (f) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the person made the application; and\n (g) the person has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the person becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection:\n (i) the person will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the person becomes an Australian citizen; and\n (ii) the person will be present in Australia for a total of at least 180 days during that 2‑year period; and\n (h) the person has declared, in the undertaking, that the person understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the person, then, for the purposes of section 21, the person is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the person is taken not to satisfy:\n (a) paragraph (1)(c) if, at any time during the 4‑year period mentioned in that paragraph; or\n (b) paragraph (1A)(d) if, at any time during the 2‑year period mentioned in that paragraph;\n the person was:\n (c) confined in a prison; or\n (d) 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.\n (3) The Minister may decide that subsection (2) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(e), the Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(f), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the person or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(g).\n (9) If the person becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the person becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the kind of work covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that kind of work is of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the person.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22C Special residence requirement—legislative instruments\n\n (1) The Minister may, by legislative instrument, specify activities for the purposes of subparagraph 22A(1)(a)(i).\n (2) The Minister may, by legislative instrument, specify organisations for the purposes of paragraph 22A(1)(b).\n (3) The Minister may, by legislative instrument, specify kinds of work for the purposes of paragraph 22B(1)(a).\n\n#### 23 Defence service requirement\n\n Person who has completed relevant defence service\n (1) For the purposes of section 21, a person satisfies the defence service requirement if the person has completed relevant defence service.\n Member of family unit of person who has completed relevant defence service etc.\n (2) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person has completed relevant defence service; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) the relative holds a visa of that kind because the relative is a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n (3) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person dies while undertaking service in the Permanent Forces or the Reserves; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) immediately before the death of the defence person, the relative held a visa of that kind because the relative was a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n Definitions\n (4) In this section:\n\n> member of the family unit of a person has the same meaning as in the Migration Act 1958.\n\n> Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.\n\n> relevant defence service: a person has completed relevant defence service if:\n\n (a) the person has undertaken a total of at least 90 days service in one or more of the Permanent Forces (whether or not that service was continuous); or\n (b) the person has undertaken a total of at least 90 days service on which he or she was required for, and attended and was entitled to be paid for, duty in one or more of the Reserves (whether or not that service was continuous); or\n (c) the person:\n (i) was discharged from service undertaken in one of the Permanent Forces or the Reserves as medically unfit for that service; and\n (ii) became so unfit because of service undertaken in any of the Permanent Forces or the Reserves.\n\n> Reserves means the Naval Reserve, the Army Reserve or the Air Force Reserve.\n\n> service: a person undertakes service in the Permanent Forces or the Reserves only if the person is appointed, enlisted or transferred into any of the Permanent Forces or the Reserves.\n\n> Note: For appointment, enlistment or transfer into any of the Permanent Forces or the Reserves, see the Defence Act 1903.\n\n#### 23A Citizenship test\n\n (1) The Minister must, by written determination, approve a test for the purposes of subsection 21(2A) (about general eligibility for citizenship).\n\n> Note: The test must be related to the eligibility criteria referred to in paragraphs 21(2)(d), (e) and (f).\n\n Successful completion of the test\n (2) A determination under subsection (1) must specify what amounts to successful completion of the test.\n Eligibility criteria for sitting the test\n (3) A determination under subsection (1) may set out the eligibility criteria a person must satisfy to be able to sit the test.\n\n> Note: The eligibility criteria for sitting the test cannot be inconsistent with this Act and in particular subsection 21(2) (about the general eligibility criteria for becoming an Australian citizen).\n\n (4) For the purposes of subsection (3), the determination may provide that a person is not eligible to sit the test unless the person is a permanent resident and the Minister is satisfied of the identity of the person.\n (5) Subsection (4) does not limit subsection (3).\n Period for sitting and completing the test\n (5A) A determination under subsection (1) may provide for the period within which a person must start the test and for the period within which a person must complete the test.\n Other matters\n (6) A determination under subsection (1) may cover any other matter related to the test the Minister thinks appropriate.\n Determination not a legislative instrument\n (7) A determination made under subsection (1) is not a legislative instrument.\n\n#### 24 Minister’s decision\n\n (1) If a person makes an application under section 21, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n\n> Note: The Minister may cancel an approval: see section 25.\n\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6), (7) or (8).\n (2) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6) or (7).\n (2A) If the Minister exercised the power under subsection 22A(1A) or 22B(1A) in relation to the person, the decision under subsection (1) of this section must be made by the Minister personally.\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (4B)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (4C), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (4B)(b)(ii) applies to the person—has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 21, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (4C) The Minister may decide that subparagraph (4A)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n (4D) To avoid doubt, subsection (4A) applies to a person who is eligible to become an Australian citizen under subsection 21(8).\n Person not present in Australia\n (5) If:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (aa) the Minister is satisfied that the person did not satisfy the special residence requirement referred to in section 22A or 22B; and\n (b) the Minister did not apply subsection 22(9) in relation to the person; and\n (c) the Minister did not apply subsection 22(11) in relation to the person;\n the Minister must not approve the person becoming an Australian citizen at a time when the person is not present in Australia.\n Offences\n (6) The Minister must not approve the person becoming an Australian citizen at a time:\n (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\n (b) when the person is confined to a prison in Australia; or\n (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\n (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\n (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\n (f) if the person:\n (i) has been released by a court from serving the whole or a part of a sentence of imprisonment; and\n (ii) has been so released because the person gave a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (g) if, in respect of proceedings for an offence against an Australian law in relation to the person:\n (i) a court does not impose a sentence of imprisonment on the person; and\n (ii) the court releases the person because the person gives a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (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.\n Cessation of citizenship\n (7) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n Statelessness\n (8) However, subsections (6) and (7) do not apply to a person covered by subsection 21(8) (about statelessness).\n\n#### 25 Minister may cancel approval\n\n (1) The Minister may, by writing, cancel an approval given to a person under section 24 if:\n (a) the person has not become an Australian citizen under section 28; and\n (b) either of the following 2 situations apply.\n Eligibility criteria not met\n (2) The first situation applies if:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (b) the Minister is satisfied that, at the time the Minister proposes to cancel the approval, the person is:\n (i) not a permanent resident; or\n (ii) not likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia; or\n (iii) not of good character.\n Failure to make pledge of commitment\n (3) The second situation applies if:\n (a) the person has failed to make a pledge of commitment within 12 months after the day on which the person received notice of the approval; and\n (b) the person’s reason for the failure is not one that is prescribed by the regulations for the purposes of this subsection.\n Cancellation of child’s approval\n (4) If:\n (a) a child aged under 16 makes an application under section 21 at a particular time; and\n (b) 1 or more responsible parents of the child make applications under section 21 at that time; and\n (c) the Minister decides under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens; and\n (d) the Minister cancels the approval given to each responsible parent;\n the Minister must, by writing, cancel the approval given to the child.\n Effect of cancellation\n (5) If the Minister cancels an approval given to a person, the approval is taken never to have been given.\n\n> Note: A person cannot become an Australian citizen under this Subdivision unless the Minister approves the person becoming an Australian citizen. This subsection has the effect that the person will need to make another application if the person wants to become an Australian citizen.\n\n#### 26 Pledge of commitment must be made\n\n (1) A person must make a pledge of commitment to become an Australian citizen unless the person:\n (a) is aged under 16 at the time the person made the application to become an Australian citizen; or\n (b) has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or\n (c) is covered by subsection 21(6), (7) or (8).\n\n> Note: See section 27 for how the pledge is to be made.\n\n (2) A person must not make a pledge of commitment before the Minister approves the person’s application to become an Australian citizen. A pledge of commitment made by the person before that time is of no effect.\n Delayed making of pledge\n (3) If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:\n (a) a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or\n (b) the person has been or may be charged with an offence under an Australian law.\n (4) The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.\n (5) The Minister may, by writing, revoke a determination.\n (6) If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. A pledge of commitment made by the person before that time is of no effect.\n\n#### 27 How pledge of commitment is to be made\n\n Form of pledge\n (1) A pledge of commitment must be made in accordance with either of the forms set out in Schedule 1.\n Prescribed arrangements\n (2) A pledge of commitment must be made in accordance with the arrangements prescribed by the regulations.\n\n> Note: The regulations may provide for a pledge of commitment to be made in public.\n\n Persons who may receive pledge\n (3) A pledge of commitment must be made before:\n (a) the Minister; or\n (b) a person authorised under subsection (4); or\n (c) a person who is included in a class of persons authorised under subsection (5).\n (4) The Minister may, by writing, authorise a person for the purposes of paragraph (3)(b).\n (5) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (3)(c).\n\n#### 28 Day citizenship begins etc.\n\n Persons required to make pledge of commitment\n (1) A person required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the person makes the pledge.\n Persons not required to make pledge of commitment\n (2) Subject to subsection (3), a person not required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n Applications made at the same time by child and responsible parents\n (3) Subsection (2) does not apply to a child aged under 16 at the time the child made the application to become an Australian citizen if:\n (a) 1 or more responsible parents of the child made applications under section 21 at that time; and\n (b) the Minister decided under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens.\n (4) If 1 or more of the responsible parents become Australian citizens under this section, the child becomes an Australian citizen on the first day on which a responsible parent becomes an Australian citizen.\n\n#### Subdivision C—Resuming citizenship\n\n#### 28A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you ceased to be an Australian citizen under this Act or the old Act.\n\nYou must make an application to become an Australian citizen again. The Minister must approve or refuse you becoming an Australian citizen again.\n\nYou must be eligible to be an Australian citizen again to be approved. You may be refused citizenship again even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 30(3); or\n\n• national security: see subsections 30(4) to (7).\n\nYou will be registered if the Minister approves you becoming an Australian citizen again.\n\n#### 29 Application and eligibility for resuming citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen again.\n\n> Note 1: Section 46 sets out application requirements (which may include the payment of a fee).\n\n> Note 2: The person may also apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under this Act\n (2) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 33 (about renunciation) in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (ii) section 36 (about children); and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n> Note 1: See also section 32 (which is about persons resuming their former citizenship status).\n\n> Note 2: A person who ceases to be an Australian citizen under section 34 or 34A may apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under old Act\n (3) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 17 (about dual citizenship) of the old Act; or\n (ii) section 18 (about renunciation) of the old Act in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (iii) section 20 (about residence outside Australia) of the old Act; or\n (iv) section 23 (about children) of the old Act; and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 30 Minister’s decision\n\n (1) If a person makes an application under section 29, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen again.\n (1A) The Minister must not approve the person becoming an Australian citizen again unless the person is eligible to become an Australian citizen again under subsection 29(2) or (3).\n (2) The Minister may refuse to approve the person becoming an Australian citizen again despite the person being eligible to become an Australian citizen again under subsection 29(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen again unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (5) If the person is covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again if the person:\n (a) if subparagraph (6)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (6)(b)(ii) applies to the person—has been convicted of a national security offence.\n (6) A person is covered by this subsection if:\n (a) at the time the person made the application under section 29, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7) The Minister may decide that subparagraph (5)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n\n#### 31 Registration\n\n If the Minister approves the person becoming an Australian citizen again, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 32 Day citizenship begins again etc.\n\n (1) A person becomes an Australian citizen again on the day on which the Minister approves the person becoming an Australian citizen again.\n Same kind of citizenship—former citizen under this Act\n (2) If the person, before ceasing to be an Australian citizen, was an Australian citizen under Subdivision A, AA or B, the person becomes an Australian citizen again under that Subdivision.\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n Same kind of citizenship—former citizen under old Act\n (3) If the person, before ceasing to be an Australian citizen, was an Australian citizen under the provision set out in column 2 of the following table, the person becomes an Australian citizen again under the provision set out in column 3 of the table.\n\n```html\n

Same kind of citizenship

Column 1
Item

Column 2
Provision under which person was a citizen

Column 3
Provision under which person becomes a citizen again

1

Section 10B, 10C or 11 of the old Act

Subdivision A of this Division

2

Division 2 of Part III of the old Act

Subdivision B of this Division

\n```\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n### Division 3—Cessation of Australian citizenship\n\n#### Subdivision A—Simplified outline of this Division\n\n#### 32A Simplified outline of this Division\n\n The following is a simplified outline of this Division:\n\nThere are 5 ways in which you can cease to be an Australian citizen:\n\n• you may renounce your Australian citizenship: see section 33; or\n\n• 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\n\n• 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\n\n• if you are the child of a responsible parent who ceases to be an Australian citizen, the Minister can revoke your citizenship in some situations: see section 36; or\n\n• if you are convicted of certain offences and an order is made by a court that you cease to be an Australian citizen: see Subdivision C (citizenship cessation).\n\n#### Subdivision B—Citizenship renunciation and revocation\n\n#### 33 Renunciation by application\n\n (1) A person may make an application to the Minister to renounce the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Minister’s decision\n (2) The Minister must, by writing, approve or refuse to approve the person renouncing his or her Australian citizenship.\n (3) Subject to this section, the Minister must approve the person renouncing his or her Australian citizenship if the Minister is satisfied that:\n (a) the person is aged 18 or over, and is a national or citizen of a foreign country, at the time the person made the application; or\n (b) the person was born, or is ordinarily resident, in a foreign country and is not entitled, under the law of that country, to acquire the nationality or citizenship of that country because the person is an Australian citizen.\n (4) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n (5) The Minister may refuse to approve the person renouncing his or her Australian citizenship if the person:\n (a) is a national or citizen of a foreign country at the time the person made the application; and\n (b) made the application during a war in which Australia is engaged.\n (6) The Minister must not approve the person renouncing his or her Australian citizenship if the Minister considers that it would not be in the interests of Australia to do so.\n (7) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person:\n (a) is a national or citizen of a foreign country immediately before the Minister’s decision on the application; or\n (b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval.\n Time citizenship ceases\n (8) If the Minister approves a person renouncing his or her Australian citizenship, the person ceases to be an Australian citizen at the time of the approval.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 34 Revocation by Minister—offences or fraud\n\n Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision A or AA of Division 2 (including because of the operation of section 32); and\n (b) either of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n Citizenship by conferral\n (2) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2 (including because of the operation of section 32); and\n (b) any of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person has, at any time after making the application to become an Australian citizen, been convicted of a serious offence within the meaning of subsection (5);\n (iii) the person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud within the meaning of subsection (6);\n (iv) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n (3) However, the Minister must not decide under subsection (2) to revoke a person’s Australian citizenship if:\n (a) the Minister may revoke the person’s Australian citizenship under that subsection only because of the application of subparagraph (2)(b)(ii); and\n (b) 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.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n Serious offence\n (5) For the purposes of this section, a person has been convicted of a serious offence if:\n (a) the person has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to death or to a serious prison sentence; and\n (b) the person committed the offence at any time before the person became an Australian citizen.\n Migration‑related fraud\n (6) For the purposes of this section, a person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud if and only if:\n (a) at any time, the person was convicted of an offence against:\n (i) section 234, 236 or 243, or former section 244 (as in force before its repeal by the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008), of the Migration Act 1958; or\n (ii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n that the person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the person’s entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia.\n (7) Subsection (6) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident.\n Third‑party fraud\n (8) For the purposes of this section, a person (the applicant) obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud if and only if:\n (a) at any time, another person was convicted of an offence against section 50 of this Act, or section 134.1, 135.2, 135.4, 136.1, 137.1, 137.2, 139.1, 141.1, 142.1, 142.2, 144.1, 145.1, 145.2, 145.4, 145.5 or 149.1 of the Criminal Code, that the other person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the Minister approving the applicant becoming an Australian citizen.\n Charge proved but no conviction\n (9) A reference in this section to a conviction of an offence:\n (a) in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; and\n (b) in relation to a law of a State or Territory or a foreign country—includes a reference to the making of an order under the corresponding provision of a law of the State or Territory or foreign country in relation to the offence.\n\n#### 34A Revocation by Minister—special residence requirements\n\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2; and\n (b) the person became an Australian citizen in circumstances where the Minister exercised the power under subsection 22A(1A) or 22B(1A); and\n (c) in a case in which the power was exercised under subsection 22A(1A)—the Minister is satisfied that the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; and\n (d) in a case in which the power was exercised under subsection 22B(1A)—the Minister is satisfied that:\n (i) the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; or\n (ii) the person will not be, or was not, present in Australia for a total of at least 180 days during that 2‑year period.\n (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.\n (3) The power under subsection (1) may only be exercised by the Minister personally.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 36 Children of responsible parents who cease to be citizens\n\n (1) If:\n (a) a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and\n (b) at the cessation time, the person is a responsible parent of a child aged under 18;\n then:\n (c) the Minister may, by writing, revoke the child’s Australian citizenship; and\n (d) if the Minister does so—the child ceases to be an Australian citizen at the time of the revocation.\n Exception—another responsible parent\n (2) If, at the cessation time, another responsible parent of the child is an Australian citizen, subsection (1) does not apply to the child:\n (a) while there is a responsible parent who is an Australian citizen; and\n (b) if there ceases to be such a responsible parent because of the death of a responsible parent—at any time after that death.\n Exception—statelessness\n (3) The Minister must not revoke a child’s Australian citizenship under subsection (1) if the Minister is satisfied that the child would then become a person who is not a national or citizen of any country.\n\n#### Subdivision C—Citizenship cessation\n\n#### 36A Purpose of this Subdivision\n\n This Subdivision is enacted because the Parliament recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia.\n\n#### 36B Cessation of citizenship if citizenship cessation order made by court etc.\n\n (1) Subject to this section, if an order is made under subsection 36C(1) in relation to a person, the person ceases to be an Australian citizen at the time the order is made.\n Order overturned or quashed\n (2) If a decision of a court overturns or quashes the order made under subsection 36C(1), the person’s citizenship is taken never to have ceased under subsection (1) of this section.\n (3) The validity of anything done in reliance on the order made under subsection 36C(1) before the order was overturned or quashed is not affected.\n Appeal decision\n (4) If:\n (a) a decision (the first decision) of a court overturning or quashing the order made under subsection 36C(1) in relation to the person is appealed; and\n (b) the decision (the second decision) on appeal overturns or quashes the first decision;\n the person ceases to be an Australian citizen at the time the second decision is made.\n\n#### 36C Citizenship cessation order if person is convicted of serious offence\n\n (1) If:\n (a) a person is convicted of one or more serious offences; and\n (b) the court has decided to impose on the person, in respect of the conviction or convictions, a period of imprisonment that is at least 3 years or periods of imprisonment that total at least 3 years; and\n (c) before the court imposes the sentence or sentences on the person in respect of the conviction or convictions, the Minister makes an application under subsection 36D(1) for an order to be made under this subsection in relation to the person; and\n (d) the court is satisfied of the matters specified in subsection (4) of this section;\n the court may, when imposing such a period or periods of imprisonment on the person in respect of the conviction or convictions, also order at that time as part of the sentence or sentences that the person ceases to be an Australian citizen.\n\n> Note: Subsections (5) and (6) set out, without limitation, matters the court must have regard to in deciding whether to make an order under this subsection.\n\n (2) However, the court must not make an order under subsection (1) in relation to the person if the court is satisfied that the person would, if the court were to make the order, become a person who is not a national or citizen of any country.\n Serious offence\n (3) A serious offence is an offence against any of the following provisions:\n (a) a provision of Subdivision A of Division 72 of the Criminal Code (explosives and lethal devices);\n (b) a provision of Subdivision B of Division 80 of the Criminal Code (treason);\n (c) section 83.1 of the Criminal Code (advocating mutiny);\n (d) a provision of Division 91 of the Criminal Code (espionage);\n (e) a provision of Division 92 of the Criminal Code (foreign interference);\n (f) a provision of Part 5.3 of the Criminal Code (terrorism), other than the following provisions:\n (i) section 102.8;\n (ii) Division 104;\n (iii) Division 105;\n (iv) section 105A.7D;\n (v) section 105A.18B;\n (fa) a provision of Part 5.3A of the Criminal Code (state sponsors of terrorism), other than section 112.7;\n (g) a provision of Part 5.5 of the Criminal Code (foreign incursions and recruitment).\n Court to be satisfied of certain matters etc.\n (4) For the purposes of paragraph (1)(d), the matters are the following:\n (a) the person is aged 14 or over;\n (b) the person is an Australian citizen;\n (c) the person’s conduct to which the conviction or convictions relate is so serious and significant that it demonstrates that the person has repudiated their allegiance to Australia.\n (5) In deciding whether the court is satisfied of the matter referred to in paragraph (4)(c) in relation to the person’s conduct, the court must have regard to the following matters:\n (a) whether the conduct to which the conviction or convictions relate demonstrates a repudiation of the values, democratic beliefs, rights and liberties that underpin Australian society;\n (b) the degree, duration or scale of the person’s commitment to, or involvement in, the conduct to which the conviction or convictions relate;\n (c) the intended scale of the conduct to which the conviction or convictions relate;\n (d) the actual impact of the conduct to which the conviction or convictions relate;\n (e) whether the conduct to which the conviction or convictions relate caused, or was intended to cause, harm to human life or a loss of human life.\n (6) In deciding whether to make an order under subsection (1) in relation to the person, the court must have regard to the following matters:\n (a) if the person is a child aged under 18—the best interests of the child;\n (b) if the person has any dependent children in Australia—the best interests of those children;\n (c) the person’s connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person.\n (7) Subsection (6) does not limit the matters to which the court may have regard in deciding whether to make an order under subsection (1) in relation to the person.\n Concurrent sentences\n (8) If:\n (a) a person has been convicted of 2 or more serious offences; and\n (b) a court has decided to impose on the person, in respect of the conviction or convictions, 2 or more periods of imprisonment to be served concurrently (whether in whole or in part);\n then, for the purposes of subsection (1), the whole of each period is to be counted in working out the total of those periods.\n\n> Note: Example: A person is convicted of 2 serious offences and a court has decided to impose on the person in respect of the convictions 2 periods of 2 years imprisonment to be served concurrently. For the purposes of subsection (1), the total period of imprisonment is 4 years.\n\n References to period of imprisonment\n (9) For the purposes of subsection (1):\n (a) a reference to a period of imprisonment in that subsection does not include a period of imprisonment that is suspended; and\n (b) a reference to a period of imprisonment in that subsection includes a reference to a single sentence of imprisonment that a court has decided to impose in respect of both one or more serious offences and one or more other offences.\n Other matters\n (10) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n (11) Part IB of the Crimes Act 1914 (which deals with sentencing, imprisonment and release of federal offenders) does not apply in relation to an order under this section.\n\n#### 36D Application by the Minister for a citizenship cessation order\n\n (1) The Minister may make an application for an order to be made by a court under subsection 36C(1) in relation to a person.\n (2) The application may be made before or after the person is convicted of one or more serious offences but must be made before the person is sentenced.\n Consultation with the Foreign Affairs Minister\n (3) Before the Minister makes the application, the Minister must consult the Foreign Affairs Minister.\n Matters relating to the application\n (4) The application must include the following matters:\n (a) information about the person’s age;\n (b) information about the person’s Australian citizenship;\n (c) information about the person’s nationality or citizenship of other countries.\n (5) The application:\n (a) must be made in the jury’s absence; and\n (b) must not be referred to in the presence of the jury; and\n (c) must only be heard after the person is convicted of one or more serious offences.\n Notice of application\n (6) The Minister must give the person written notice of the application as soon as practicable after the application is made. The Minister may also give written notice of the application to such other persons as the Minister considers appropriate.\n (7) Section 47 (notification of decisions) does not apply to a decision of the Minister to make the application.\n Australian citizens to which this section applies\n (8) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n\n#### 36L No resumption of citizenship if citizenship ceases under this Subdivision\n\n If a person ceases to be an Australian citizen under this Subdivision, Divisions 1 and 2 of this Part do not apply in relation to the person after that cessation.\n\n> Note: See section 36B for when a person ceases to be an Australian citizen.\n\n### Division 4—Evidence of Australian citizenship\n\n#### 37 Evidence of Australian citizenship\n\n (1) A person may make an application to the Minister for evidence of the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Notice\n (2) The Minister may give the person a notice stating that the person is an Australian citizen at a particular time.\n (3) The notice must:\n (a) be in a form prescribed by the regulations; and\n (b) contain any other matter prescribed by the regulations.\n Identity\n (4) The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n Evidentiary status\n (5) A notice is prima facie evidence of the matters in the notice.\n Cancellation\n (6) The Minister may, by writing, cancel a notice given to a person under this section.\n\n#### 38 Surrender of physical evidentiary notice\n\n Request for surrender\n (1) If:\n (a) the Minister makes a decision under section 34 or 34A to revoke a person’s Australian citizenship; and\n (b) at the time of the revocation, there is in force a notice under section 37 in relation to the person; and\n (c) the notice was given to the person in a physical form;\n the Minister may request the person to surrender the notice to the Minister.\n (2) If the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37 and the notice was given to the person in a physical form, the Minister may request the person to surrender the notice to the Minister.\n Form of request\n (3) A request given to a person under subsection (1) or (2) must:\n (a) be made in writing; and\n (b) specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and\n (c) specify how the person is to surrender the notice to the Minister; and\n (d) contain a statement to the effect that a failure to comply with the request is an offence.\n Offence\n (4) A person commits an offence if:\n (a) the person is given a request that is in accordance with this section; and\n (b) the person fails to comply with the request.\n\nPenalty for contravention of this subsection: 10 penalty units.\n\n#### 39 Altering evidentiary notice\n\n A person commits an offence if:\n (a) the person alters, or causes or permits to be altered, a notice; and\n (b) the notice was given to a person under section 37.\n\nPenalty: Imprisonment for 12 months.\n\n### Division 5—Personal identifiers\n\n#### Subdivision A—Obtaining personal identifiers\n\n#### 40 Request for personal identifiers\n\n (1) For the purposes of the Minister being satisfied of the identity of:\n (a) a person in relation to an application under this Part; or\n (b) a person who has sought to sit a test approved in a determination under section 23A;\n the following persons may request the person, in writing, to provide one or more specified personal identifiers:\n (c) the Minister;\n (d) a person authorised under subsection (3);\n (e) a person who is included in a class of persons authorised under subsection (4).\n Form of request\n (2) A request must inform the person of the matters prescribed by the regulations.\n Authorisations\n (3) The Minister may, by writing, authorise a person for the purposes of paragraph (1)(d).\n (4) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (1)(e).\n\n#### 41 Provision of personal identifiers\n\n The regulations may prescribe the procedures and requirements that apply to the provision of a personal identifier by a person under this Division.\n\n#### Subdivision B—Obligations relating to identifying information\n\n#### 42 Accessing identifying information\n\n (1) A person commits an offence if:\n (a) the person accesses identifying information; and\n (b) the person is not authorised under this section to access the identifying information for the purpose for which the person accessed it.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) This section does not apply if the person believes on reasonable grounds that the access is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n (2) This section does not apply if the access is through:\n (a) a disclosure that is a permitted disclosure within the meaning of section 43; or\n (b) a disclosure to which section 43 does not apply because of the operation of subsection 43(1A).\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Authorisation\n (3) The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.\n (4) The Minister must specify in an authorisation under subsection (3), as the purpose or purposes for which access is authorised, one or more of the following purposes:\n (a) either or both of the purposes set out in paragraph 10(2)(c);\n (b) disclosing identifying information in accordance with this Division;\n (c) administering or managing the storage of identifying information;\n (d) making identifying information available to the person to whom it relates;\n (e) modifying identifying information to enable it to be matched with other identifying information;\n (f) modifying identifying information in order to correct errors or ensure compliance with appropriate standards;\n (g) the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act;\n (h) complying with Australian laws.\n\n#### 43 Disclosing identifying information\n\n (1) A person commits an offence if:\n (a) the person’s conduct causes disclosure of identifying information; and\n (b) the disclosure is not a permitted disclosure.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure;\n this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person.\n\n> Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: Australian Privacy Principle 6 may apply to further disclosures of that identifying information by a person who is not an entrusted person.\n\n (1B) This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).\n\n (2) A permitted disclosure is a disclosure that:\n (b) is for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; or\n (c) is for the purpose of administering or managing the storage of identifying information; or\n (d) is for the purpose of making the identifying information in question available to the person to whom it relates; or\n (da) is to an agency of the Commonwealth, a State or a Territory in order to verify that a person is an Australian citizen; or\n (e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or\n (ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth, a State or a Territory; or\n (eb) is required by an Australian law; or\n (f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or\n (g) is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or\n (h) takes place with the written consent of the person to whom the identifying information in question relates.\n\n#### 44 Unauthorised modification or impairment of identifying information\n\n Unauthorised modification\n (1) A person commits an offence if:\n (a) the person causes any unauthorised modification of identifying information; and\n (b) the person intends to cause the modification; and\n (c) the person knows that the modification is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Unauthorised impairment\n (2) A person commits an offence if:\n (a) the person causes any unauthorised impairment of:\n (i) the reliability of identifying information; or\n (ii) the security of the storage of identifying information; or\n (iii) the operation of a system by which identifying information is stored; and\n (b) the person intends to cause the impairment; and\n (c) the person knows that the impairment is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Exception\n (2A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure within the meaning of section 43;\n this section does not apply in relation to any modification or impairment of that identifying information by a person who is not an entrusted person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n Interpretation\n (3) In this section:\n (a) modification of identifying information; or\n (b) impairment of the reliability of identifying information; or\n (c) impairment of the security of the storage of identifying information; or\n (d) impairment of the operation of a system by which identifying information is stored;\n by a person is unauthorised if the person is not entitled to cause that modification or impairment.\n (4) Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.\n (5) For the purposes of this section, a person causes any such unauthorised modification or impairment if the person’s conduct substantially contributes to it.\n (6) For the purposes of subsection (3), if:\n (a) a person causes any modification or impairment of a kind mentioned in that subsection; and\n (b) the person does so under a warrant issued under an Australian law;\n the person is entitled to cause that modification or impairment.\n\n#### 45 Destroying identifying information\n\n (1) A person commits an offence if:\n (a) the person is the responsible person for identifying information; and\n (b) the person fails to destroy the identifying information as soon as practicable after the person is no longer required under the Archives Act 1983 to keep the identifying information.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n> Note: See section 24 of the Archives Act 1983 on the obligation to keep the identifying information.\n\n (2) This section does not apply if the identifying information is:\n (a) a personal identifier that is any of the following:\n (i) a measurement of a person’s height and weight;\n (ii) a photograph or other image of a person’s face;\n (iii) a person’s signature; or\n (b) identifying information derived from or relating to such a personal identifier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Definitions\n (3) For the purposes of this section, the responsible person for identifying information is:\n (a) if the identifying information is stored on a database—the person who has day‑to‑day control of the database; or\n (b) otherwise—the person who has day‑to‑day responsibility for the system under which the identifying information is stored.\n (4) For the purposes of this section, identifying information is destroyed if:\n (a) in the case of identifying information that is a personal identifier—it is physically destroyed; and\n (b) in any other case—any means of identifying it with the person to whom it relates is destroyed.\n (5) For the purposes of this section, a database is a discrete body of information stored by electronic means, containing:\n (a) indexes of persons who have provided personal identifiers in accordance with a request under this Division; and\n (b) their identifying information.\n\n## Part 3—Other matters\n\n### Division 1—Bogus documents\n\n#### 45A Prohibition on, and forfeiture of, bogus documents\n\n (1) A person (whether a citizen or non‑citizen) must not give a bogus document to the Minister, a person acting under a delegation or authorisation of the Minister, a tribunal or any other person or body performing a function or purpose under, or in relation to, this Act (the official), or cause such a document to be so given.\n (2) A bogus document given in contravention of subsection (1) is forfeited to the Commonwealth.\n\n#### 45B Seizure of bogus documents\n\n (1) If the Minister reasonably suspects that a document is forfeited under subsection 45A(2), then the Minister may seize the document.\n (2) As soon as practicable after seizing the document, the Minister must give written notice of the seizure to the person who gave the document to the official under subsection 45A(1).\n (3) The notice must:\n (a) identify the document; and\n (b) state that the document has been seized; and\n (c) specify the reason for the seizure; and\n (d) state that the document will be condemned as forfeited unless the person institutes proceedings against the Commonwealth before the end of the period specified in the notice:\n (i) to recover the document; or\n (ii) for a declaration that the document is not forfeited.\n (4) For the purposes of paragraph (3)(d), the period must:\n (a) start on the date of the notice; and\n (b) end 90 days after that date.\n\n#### 45C Document condemned as forfeited\n\n (1) If a document is seized under subsection 45B(1), then:\n (a) the person who gave the document to the official under subsection 45A(1); and\n (b) if that person is not the owner of the document—the owner;\n may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction:\n (c) to recover the document; or\n (d) for a declaration that the document is not forfeited.\n (2) The proceedings:\n (a) may be instituted even if the seizure notice required to be given under subsection 45B(2) in relation to the document has not yet been given; and\n (b) may only be instituted before the end of the period specified in the seizure notice.\n (3) If, before the end of the period specified in the seizure notice, the person or owner does not institute the proceedings, the document is condemned as forfeited to the Commonwealth immediately after the end of that period.\n (4) If, before the end of the period specified in the seizure notice, the person or owner does institute the proceedings, the document is condemned as forfeited to the Commonwealth at the end of the proceedings unless there is:\n (a) an order for the person or owner to recover the document; or\n (b) a declaration that the document is not forfeited.\n (5) For the purposes of subsection (4), if the proceedings go to judgment, they end:\n (a) if no appeal against the judgment is lodged within the period for lodging such an appeal—at the end of that period; or\n (b) if an appeal against the judgment is lodged within that period—when the appeal lapses or is finally determined.\n\n#### 45D Dealing with a document after it is condemned as forfeited\n\n (1) If, under section 45C, a document is condemned as forfeited to the Commonwealth, it must be dealt with or disposed of (including by being given to another person) in accordance with any direction given by the Minister.\n (2) If the Minister considers that the document may be relevant to proceedings in a court or tribunal, then the Minister:\n (a) must give a direction for the safe keeping of the document; and\n (b) must authorise access to the document for the purposes of those proceedings.\n (3) A direction given under this section is not a legislative instrument.\n\n### Division 2—Other\n\n#### 46 Application requirements\n\n (1) An application under a provision of this Act must:\n (a) be on the relevant form approved by the Minister for the purposes of that provision; and\n (b) contain the information required by the form; and\n (c) be accompanied by any other information or documents prescribed by the regulations; and\n (d) be accompanied by the fee (if any) prescribed by the regulations.\n (1AA) However, paragraphs (1)(a) and (b) do not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed by the regulations; and\n (b) contains the information prescribed by the regulations.\n (1A) For applications made under section 21 by persons who, in order to be eligible to become an Australian citizen under subsection 21(2), must have sat a test approved in a determination under section 23A, the fee prescribed by the regulations may include a component that relates to the sitting of that test.\n Approval of forms\n (2) The Minister may, by writing, approve one or more forms for the purposes of a provision of this Act under which an application may be made.\n\n> Note: For example, there are 2 ways to become an Australian citizen by descent under section 16\\. The Minister may approve 1 form for the purposes of that section or may approve 2 different forms.\n\n Children aged under 16\n (2A) An application under a provision of this Act by a child aged under 16 must be set out:\n (a) on a form that contains no other application; or\n (b) on a form that also contains an application by 1 responsible parent of the child.\n (2B) However, subsection (2A) does not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed under paragraph (1AA)(a) of this section; and\n (b) contains the information prescribed under paragraph (1AA)(b) of this section.\n Remission, refund or waiver of fees\n (3) The regulations may make provision for and in relation to the remission, refund or waiver of any fees of a kind referred to in paragraph (1)(d).\n\n#### 47 Notification of decisions\n\n (1) If the Minister makes a decision under this Act in relation to a person, the Minister must give the person notice of the decision.\n Child\n (2) If the person is a child, the Minister satisfies the requirement in subsection (1) if the Minister gives a parent of the child notice of the decision.\n Reasons for adverse decision\n (3) If the decision is an adverse decision, the notice must include the reasons for the decision.\n Form of notice\n (4) The Minister must give the notice in the manner prescribed by the regulations (which includes electronic form).\n Procedural defect does not affect validity of decision\n (5) A failure to comply with subsection (3) or (4) does not affect the validity of the decision.\n\n#### 48 Computerised decision‑making\n\n Computer‑based decisions\n (1) The Minister may, by writing, arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under this Act or the regulations:\n (a) make a decision; or\n (b) exercise any power or comply with any obligation; or\n (c) do anything else related to making a decision or exercising a power or complying with an obligation.\n (2) The Minister is taken to have:\n (a) made a decision; or\n (b) exercised a power or complied with an obligation; or\n (c) done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;\n that was made, exercised, complied with or done by the operation of a computer program under such an arrangement.\n Minister may substitute his or her own decision\n (3) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under such an arrangement if:\n (a) a notice under section 49 relates to the computer program and to the initial decision; and\n (b) the notice states that the computer program was not functioning correctly; and\n (c) the substituted decision could have been made under the same provision of this Act or the regulations as the initial decision; and\n (d) the substituted decision is more favourable to the applicant.\n (4) The Minister does not have a duty to consider whether to exercise the power under subsection (3) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (5) Subsection (3) has effect despite any law of the Commonwealth, or any rule of common law, to the contrary effect.\n Exceptions\n (5A) This section does not apply in relation to anything done under Subdivision C of Division 3 of Part 2 (citizenship cessation).\n Arrangement not a legislative instrument\n (6) An arrangement under subsection (1) is not a legislative instrument.\n\n#### 49 Evidence of whether computer program is functioning correctly\n\n Issue of notices\n (1) In citizenship proceedings, a notice signed by an authorised person stating whether or not a specified computer program was functioning correctly:\n (a) at a specified time or during a specified period; and\n (b) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 48(1);\n is prima facie evidence of the matters stated in the notice.\n Ministerial authorisations\n (2) The Minister may, by writing, authorise a person to issue notices under this section.\n (3) The Minister may, by legislative instrument, authorise a class of persons to issue notices under this section.\n Definitions\n (4) In this section:\n\n> authorised person means:\n\n (a) an APS employee in the Department; or\n (b) a person authorised under subsection (2) to issue notices under this section; or\n (c) any person who is included in a class of persons authorised under subsection (3) to issue notices under this section.\n\n> citizenship proceedings means:\n\n (a) proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or\n (b) proceedings that relate to an application for review under section 52.\n\n> functioning correctly: a computer program is functioning correctly if:\n\n (a) outcomes from its operation comply with this Act and the regulations; and\n (b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.\n\n#### 50 False statements or representations\n\n (1) A person commits an offence if:\n (a) the person makes, or causes or permits to be made, a representation or statement; and\n (b) the person does so knowing that the representation or statement is false or misleading in a material particular; and\n (c) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n (2) A person commits an offence if:\n (a) the person conceals, or causes or permits to be concealed, a material circumstance; and\n (b) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n#### 51 Geographical jurisdiction for offences\n\n Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act.\n\n#### 51A Things seized under Crimes Act search warrant and information about such things\n\n (1) This section applies to the following:\n (a) a thing seized (warrant material) under a search warrant issued under Division 2 of Part 1AA of the Crimes Act 1914;\n (b) information (warrant information) that is about, or obtained from, warrant material.\n (2) A constable or Commonwealth officer who, under subsection 3ZQU(1) of the Crimes Act 1914, may use or make available warrant material, is authorised to make available warrant material or warrant information:\n (a) to a person covered by subsection (4); and\n (b) for a purpose mentioned in subsection (3).\n (3) A person covered by subsection (4) is authorised to receive and use warrant material and warrant information, or make it available to another person covered by subsection (4), for the following purposes:\n (a) making a decision, or assisting in making a decision, to approve or refuse to approve a person becoming an Australian citizen;\n (b) making a decision, or assisting in making a decision, to revoke a person’s Australian citizenship;\n (c) making a decision, or assisting in making a decision, to cancel an approval given to a person under section 24.\n\n> Note: Subsection 3ZQU(4) of the Crimes Act 1914 contemplates that another law of the Commonwealth may require or authorise the use or making available of a document or other thing to persons, or for purposes, in addition to those listed in subsection 3ZQU(1) of that Act.\n\n (4) The following persons are covered by this subsection:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department whose duties include making decisions, or assisting in making decisions, in relation to Australian citizenship.\n\n#### 51B Reports to Parliament\n\n (1) As soon as practicable after a reporting period ends, the Minister must table a report in each House of the Parliament that sets out the number of applications made under section 36D to which both of the following apply:\n (a) the applications were made during the reporting period to which the report relates or during an earlier reporting period;\n (b) the applications relate to persons who, during the reporting period to which the report relates, were convicted and sentenced for one or more serious offences.\n (2) The report must not contain information, or content of a document, if:\n (a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010); or\n (b) the disclosure of the information or content would or might prejudice:\n (i) the security, defence or international relations of Australia; or\n (ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions; or\n (c) the disclosure of the information or content would or might endanger a person’s safety; or\n (d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.\n (3) In this section:\n\n> reporting period means:\n\n (a) the period of 12 months beginning on the day the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 commences; or\n (b) each subsequent 12‑month period.\n\n#### 52 Review of decisions\n\n (1) An application may be made to the Administrative Review Tribunal for review of the following decisions:\n (a) a decision under section 17 to refuse to approve a person becoming an Australian citizen;\n (aa) a decision under section 19D to refuse to approve a person becoming an Australian citizen;\n (b) a decision under section 24 to refuse to approve a person becoming an Australian citizen;\n (c) a decision under section 25 to cancel an approval given to a person under section 24;\n (d) a decision under section 30 to refuse to approve a person becoming an Australian citizen again;\n (e) a decision under section 33 to refuse to approve a person renouncing his or her Australian citizenship, except a refusal because of the operation of subsection 33(5) (about war);\n (f) a decision under section 34 or subsection 36(1) to revoke a person’s Australian citizenship;\n (g) a decision under section 37 to refuse to give a person a notice stating that the person is an Australian citizen at a particular time.\n Citizenship by conferral decision\n (2) However, if:\n (a) the Minister makes a decision under section 24 to refuse to approve a person becoming an Australian citizen; and\n (b) the Minister’s reasons for the decision did not refer to the eligibility ground in subsection 21(8) (about statelessness); and\n (c) the person was aged 18 or over at the time the person made the application to become an Australian citizen;\n a person (the applicant) cannot apply for review of that decision unless the applicant is a permanent resident.\n (3) For the purposes of the Administrative Review Tribunal reviewing a decision of a kind referred to in paragraph (1)(b):\n (a) the Tribunal must not exercise the power under subsection 22A(1A) or 22B(1A); and\n (b) the Tribunal must not review any exercise of the power or any failure to exercise the power.\n\n#### 53 Delegation\n\n (1) The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act or the regulations.\n (2) However, subsection (1) does not apply in relation to the function under subsection 23A(1) (about approval of citizenship test) or the power under section 36D (about application for citizenship cessation order).\n\n#### 54 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":23},{"sectionNumber":"Subdivision A","sectionType":"subdivision","heading":"Citizenship by descent","content":"An Act relating to Australian citizenship\n\nPreamble\n\n The Parliament recognises that 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.\n The Parliament recognises that persons conferred Australian citizenship enjoy these rights and undertake to accept these obligations:\n (a) by pledging loyalty to Australia and its people; and\n (b) by sharing their democratic beliefs; and\n (c) by respecting their rights and liberties; and\n (d) by upholding and obeying the laws of Australia.\n\nThe Parliament of Australia enacts:\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Citizenship Act 2007.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

15 March 2007

2. Sections 2A to 54

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01653)

3. Schedule 1

At the same time as the provisions covered by table item 2.

1 July 2007

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 2A Simplified outline\n\n The following is a simplified outline of this Act:\n\nWhat this Act covers\n\nThis Act sets out how you become an Australian citizen, the circumstances in which you may cease to be a citizen and some other matters related to citizenship.\n\nBecoming an Australian citizen\n\nThere are a range of ways you can become an Australian citizen.\n\nAcquiring citizenship automatically\n\nGenerally, you become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born.\n\nThere are some other, less common, ways of automatically becoming a citizen.\n\nDivision 1 of Part 2 has details about acquiring citizenship automatically.\n\nAlso, if you were a citizen under the old Act immediately before the day that this section commences, you will continue to be a citizen: see subsection 4(1).\n\nAcquiring citizenship by application\n\nThe other way to become an Australian citizen is to apply to the Minister. This is covered by Division 2 of Part 2\\. There are 4 situations in which you can apply for citizenship.\n\nThe first is citizenship by descent. Generally, you would apply for this if you were born outside Australia and one or both of your parents were Australian citizens when you were born. Citizenship by descent is covered by Subdivision A.\n\nThe second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA.\n\nThe third is citizenship by conferral. Generally, you would need to be a permanent resident and willing to make a pledge of commitment to apply for citizenship by conferral. You may need to successfully complete a citizenship test. There are some less common circumstances in which you can apply for citizenship by conferral. Citizenship by conferral is covered by Subdivision B.\n\nThe fourth is resuming citizenship. In certain cases where you previously ceased to be an Australian citizen, you can apply for your citizenship to resume. Resuming citizenship is covered by Subdivision C.\n\nThe Minister must be satisfied of your identity for you to acquire citizenship by application. Rules about identification are in Division 5 of Part 2.\n\nThe Minister may be required to refuse your application on national security grounds.\n\nCeasing to be an Australian citizen\n\nThere are a number of ways that you can cease to be an Australian citizen.\n\nYou can renounce your citizenship.\n\nIf you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances.\n\nThere are some other, less common, ways of ceasing to be a citizen.\n\nDivision 3 of Part 2 has details about ceasing to be a citizen.\n\nEvidence that a person is an Australian citizen\n\nYou can apply to the Minister for evidence of your Australian citizenship. This is covered by Division 4 of Part 2.\n\n#### 3 Definitions\n\n In this Act:\n\n> adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> artificial conception procedure includes:\n\n (a) artificial insemination; and\n (b) the implantation of an embryo in the body of a woman.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian citizen has the meaning given by section 4.\n\n> Australian law means a law of the Commonwealth, a State or a Territory.\n\n> bogus document has the same meaning as in subsection 5(1) of the Migration Act 1958.\n\n> child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:\n\n (a) an adopted child, stepchild or exnuptial child of the person;\n (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n\n> citizenship law means:\n\n (a) this Act; and\n (b) the regulations; and\n (c) any legislative instrument made under this Act or the regulations.\n\n> commencement day means the day on which sections 2A to 54 (as originally enacted) commence.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> disclose, in relation to identifying information that is a personal identifier provided under Division 5 of Part 2, includes provide unauthorised access to the personal identifier.\n\n> Note: Section 42 deals with authorised access to identifying information.\n\n> entrusted person means:\n\n (a) the Secretary of the Department; or\n (b) an APS employee in the Department; or\n (c) a person engaged under section 74 of the Public Service Act 1999 by the Secretary of the Department; or\n (d) a person engaged by the Commonwealth, the Minister, the Secretary of the Department, or by an APS employee in the Department, to do work for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act.\n\n> Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> foreign law means a law of a foreign country.\n\n> identifying information means the following:\n\n (a) any personal identifier provided under Division 5 of Part 2;\n (b) any meaningful identifier derived from any such personal identifier;\n (c) any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier;\n (d) any other information derived from:\n (i) any such personal identifier; or\n (ii) any meaningful identifier derived from any such personal identifier; or\n (iii) any record of a kind referred to in paragraph (c);\n that could be used to discover a particular person’s identity or to get information about a particular person.\n\n> national security offence means:\n\n (b) an offence against Division 72 of the Criminal Code; or\n (c) an offence against Part 5.1 of the Criminal Code (treason and related offences) other than section 83.4 (interference with political rights and duties); or\n (ca) an offence against Division 91 of the Criminal Code (espionage); or\n (cb) an offence against Part 5.3 or 5.3A (terrorism), or 5.3B (prohibited hate groups), of the Criminal Code; or\n (d) an offence against the Australian Security Intelligence Organisation Act 1979; or\n (e) an offence against the Intelligence Services Act 2001; or\n (f) an offence covered by a determination in force under section 6A.\n\n> New Guinea:\n\n (a) has the same meaning as the Territory of New Guinea had in the Papua New Guinea Act 1949 immediately before 16 September 1975; and\n (b) in relation to any time before 4 June 1969—includes a reference to the Island of Nauru.\n\n> old Act means the Australian Citizenship Act 1948 as in force at any time before the commencement day.\n\n> ordinarily resident: a person is taken to be ordinarily resident in a country if and only if:\n\n (a) he or she has his or her home in that country; or\n (b) that country is the country of his or her permanent abode even if he or she is temporarily absent from that country.\n However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.\n\n> Papua has the same meaning as the Territory of Papua had in the Papua New Guinea Act 1949 immediately before 16 September 1975.\n\n> permanent resident has the meaning given by section 5.\n\n> permanent visa has the same meaning as in the Migration Act 1958.\n\n> personal identifier has the meaning given by section 10.\n\n> prison includes any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon the person because of that conviction.\n\n> psychiatric institution includes a psychiatric section of a hospital.\n\n> qualified security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> responsible parent has the meaning given by section 6.\n\n> serious offence has the meaning given by subsection 36C(3).\n\n> serious prison sentence means a sentence of imprisonment for a period of at least 12 months.\n\n> serious repeat offender: a person is a serious repeat offender in relation to a serious prison sentence if the sentence was imposed on the person for an offence committed by the person at a time after the person ceased to be confined in prison because of the imposition of another serious prison sentence.\n\n> special category visa has the same meaning as in the Migration Act 1958.\n\n> special purpose visa has the same meaning as in the Migration Act 1958.\n\n> Stateless Persons Convention means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954 \\[1974\\] ATS 20.\n\n> Note: The text of the Convention is set out in Australian Treaty Series 1974 No. 20\\. In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person’s stepchild except that the person is not legally married to the person’s de facto partner.\n\n> unlawful non‑citizen has the same meaning as in the Migration Act 1958.\n\n> visa has the same meaning as in the Migration Act 1958.\n\n#### 4 Australian citizen\n\n (1) For the purposes of this Act, Australian citizen means a person who:\n (a) is an Australian citizen under Division 1 or 2 of Part 2; or\n (b) satisfies both of the following:\n (i) the person was an Australian citizen under the Australian Citizenship Act 1948 immediately before the commencement day;\n (ii) the person has not ceased to be an Australian citizen under this Act.\n Citizenship under the old Act\n (2) If, under this Act, it is necessary to work out if a person was an Australian citizen at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 5 Permanent resident\n\n (1) For the purposes of this Act, a person is a permanent resident at a particular time if and only if:\n (a) the person is present in Australia at that time and holds a permanent visa at that time; or\n (b) both:\n (i) the person is not present in Australia at that time and holds a permanent visa at that time; and\n (ii) the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia; or\n (c) the person is covered by a determination in force under subsection (2) at that time.\n (2) The Minister may, by legislative instrument, determine that:\n (a) persons who hold a special category visa or a special purpose visa; or\n (b) persons who have held a special category visa; or\n (c) persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands;\n and who satisfy specified requirements are, or are during a specified period, persons to whom this subsection applies.\n Permanent resident under the old Act\n (3) If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 6 Responsible parent\n\n (1) For the purposes of this Act, a person is a responsible parent in relation to a child if and only if:\n (a) the person is a parent of the child except where, because of orders made under the Family Law Act 1975, the person no longer has any parental responsibility for the child; or\n (b) under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or\n (c) under a parenting order the person has parental responsibility for the child’s long‑term or day‑to‑day care, welfare and development (whether or not the person is a parent of the child); or\n (d) the person (whether or not a parent of the child) has guardianship or custody of the child, jointly or otherwise, under an Australian law or a foreign law, whether because of adoption, operation of law, an order of a court or otherwise.\n (1A) In paragraph (1)(a):\n\n> parental responsibility has the same meaning as in Part VII of the Family Law Act 1975.\n\n (2) Expressions used in paragraphs (1)(b) and (c) have the same meaning as in the Family Law Act 1975.\n\n#### 6A National security offences\n\n (1) The Minister may, by legislative instrument, determine that:\n (a) an offence against a specified provision of a specified Australian law or a specified foreign law; or\n (b) an offence against an Australian law or a foreign law involving specified conduct;\n is a national security offence for the purposes of paragraph (f) of the definition of national security offence in section 3.\n (2) A determination under subsection (1) applies in relation to:\n (a) applications made under this Act after the determination takes effect; and\n (b) applications made under this Act before the determination takes effect that have not been decided before the determination takes effect.\n\n#### 7 Children born on ships or aircraft or after death of parent\n\n Persons born on ships or aircraft\n (1) For the purposes of this Act:\n (a) a person born on a ship or aircraft registered in Australia or a foreign country is taken to have been born at the place at which the ship or aircraft is registered; and\n (b) a person born on a ship or aircraft not registered in Australia or a foreign country and belonging to the government of a country is taken to have been born in that country.\n Persons born after death of parent\n (2) For the purposes of this Act, the status of a parent of a person at the time of the person’s birth is, for a parent who died before the birth, taken to be the status of the parent when the parent died.\n\n#### 8 Children born as a result of artificial conception procedures or surrogacy arrangements\n\n (1) This section applies if a child is:\n (a) a child of a person under section 60H or 60HB of the Family Law Act 1975; and\n (b) either:\n (i) a child of the person’s spouse or de facto partner under that section; or\n (ii) a biological child of the person’s spouse or de facto partner.\n (2) The child is taken for the purposes of this Act:\n (a) to be the child of the person and the spouse or de facto partner; and\n (b) not to be the child of anyone else.\n\n#### 9 Confinement in prison or psychiatric institution\n\n Confinement in prison\n (1) For the purposes of this Act, the period during which a person is confined to a prison includes a period:\n (a) during which the person is an escapee from the prison; or\n (b) during which the person is undergoing a sentence of periodic detention in the prison.\n (2) For the purposes of this Act, the period during which a person is confined to a prison does not include a period during which the person has been so confined by reason only of the person serving a sentence relating to a conviction that is later quashed.\n Confinement in psychiatric institution\n (3) For the purposes of this Act, the period during which a person is confined in a psychiatric institution by order of a court includes a period during which the person is an escapee from the institution.\n\n#### 10 Personal identifiers\n\n (1) For the purposes of this Act, a personal identifier is any of the following (including any of the following in digital form):\n (a) fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies);\n (b) a measurement of a person’s height and weight;\n (c) a photograph or other image of a person’s face;\n\nNote: See section 10A.\n\n (d) an iris scan;\n (e) a person’s signature;\n (f) any other identifier prescribed by the regulations (except an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914).\n (2) Before the Governor‑General makes regulations for the purposes of paragraph (1)(f) prescribing an identifier, the Minister must be satisfied that:\n (a) obtaining the identifier would not involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914; and\n (b) the identifier is an image of, or a measurement or recording of, an external part of the body; and\n (c) obtaining the identifier is necessary for either or both of the following purposes:\n (i) assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2 or seeking to sit a test approved in a determination under section 23A;\n (ii) combating document and identity fraud in citizenship matters;\n\n#### 10A References to photograph or other image of person’s face\n\n A reference in the citizenship law to a photograph or other image of a person’s face includes a reference to a photograph or other image of:\n (a) the person’s face and all or part of the person’s neck; or\n (b) the person’s face and neck and all or part of the person’s shoulders.\n\n#### 10B Providing photographs and other images of faces to the Minister or authorised persons\n\n (1) This section applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to the Minister; and\n (b) for the purposes of that requirement:\n (i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (2) This section also applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to a person mentioned in paragraph 40(1)(d) or (e); and\n (b) for the purposes of that requirement:\n (i) the person provides to a person mentioned in paragraph 40(1)(d) or (e) (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (3) For the purposes of the citizenship law, the person is taken to provide the derived image to the recipient for the purposes of the requirement mentioned in paragraph (1)(a) or (2)(a) of this section.\n\n#### 11 Operation of Act\n\n External Territories\n (1) This Act extends to the external Territories.\n Application outside Australia\n (2) This Act extends unless the contrary intention appears:\n (a) to acts, omissions, matters and things outside Australia; and\n (b) to all persons, irrespective of their nationality or citizenship.\n State and Territory laws\n (3) It is the intention of the Parliament that this Act apply to the exclusion of any provisions of a law of a State or Territory that provide for Australian citizenship (whether the law was made before or after the commencement day).\n\n## Part 2—Australian citizenship\n\n### Division 1—Automatic acquisition of Australian citizenship\n\n#### 11A Simplified outline\n\n The following is a simplified outline of this Division:\n\nThe most common way you become an Australian citizen under this Division is by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of your birth.\n\nThere are some other, less common, ways of becoming an Australian citizen under this Division. These cover:\n\n• citizenship by being born in Australia and by being ordinarily resident in Australia for the next 10 years: see section 12; and\n\n• citizenship by adoption: see section 13; and\n\n• citizenship for abandoned children: see section 14; and\n\n• citizenship by incorporation of territory: see section 15.\n\n#### 12 Citizenship by birth\n\n (1) A person born in Australia is an Australian citizen if and only if:\n (a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or\n (b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.\n Enemy occupation\n (2) However, a person is not an Australian citizen under this section if, at the time the person is born:\n (a) a parent of the person is an enemy alien; and\n (b) the place of the birth is under occupation by the enemy;\n unless, at that time, the other parent of the person:\n (c) is an Australian citizen or a permanent resident; and\n (d) is not an enemy alien.\n\n#### 13 Citizenship by adoption\n\n A person is an Australian citizen if the person is:\n (a) adopted under a law in force in a State or Territory; and\n (b) adopted by a person who is an Australian citizen at the time of the adoption or by 2 persons jointly at least one of whom is an Australian citizen at that time; and\n (c) present in Australia as a permanent resident at that time.\n\n#### 14 Citizenship for abandoned children\n\n A person is an Australian citizen if the person is found abandoned in Australia as a child, unless and until the contrary is proved.\n\n#### 15 Citizenship by incorporation of Territory\n\n (1) A person is an Australian citizen if:\n (a) any territory becomes a part of Australia; and\n (b) the person is included in a class of persons specified in a determination under this section.\n Determination\n (2) The Minister may, by legislative instrument, determine that specified classes of persons are Australian citizens from a specified day because of their connection with that territory.\n Day citizenship begins\n (3) The person becomes an Australian citizen on that day.\n Retrospective application of instruments\n (4) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the instrument.\n\n### Division 2—Acquisition of Australian citizenship by application\n\n#### Subdivision A—Citizenship by descent\n\n#### 15A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 2 situations:\n\n• you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth: see subsection 16(2); or\n\n• you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949: see subsection 16(3).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 17(3); or\n\n• national security: see subsections 17(4) to (4B); or\n\n• cessation of citizenship: see subsection 17(5).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\nYou 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.\n\n#### 16 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Persons born outside Australia on or after 26 January 1949\n (2) A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person was an Australian citizen at the time of the birth; and\n (b) if the parent was an Australian citizen under this Subdivision or Subdivision AA, or section 10B, 10C or 11 of the old Act (about citizenship by descent), at the time of the birth:\n (i) the parent has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the person made the application; or\n (ii) the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n Persons born outside Australia or New Guinea before 26 January 1949\n (3) A person born outside Australia or New Guinea before 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person became an Australian citizen on 26 January 1949; and\n (b) the parent was born in Australia or New Guinea or was naturalised in Australia before the person’s birth; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 17 Minister’s decision\n\n (1) If a person makes an application under section 16, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n (2) Subject to this section, the Minister must approve the person becoming an Australian citizen if the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 16, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) at the time of the person’s birth, the person had a parent who was an Australian citizen.\n Cessation of citizenship\n (5) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 18 Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19 Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### 19A When a person does not become a citizen despite the Minister’s approval\n\n Despite section 19, a person does not become an Australian citizen under this Subdivision, even if the Minister approves the person becoming an Australian citizen, unless:\n (a) if the person was born on or after 26 January 1949—a parent of the person was an Australian citizen at the time of the person’s birth; or\n (b) if the person was born before 26 January 1949—a parent of the person became an Australian citizen on 26 January 1949.\n\n#### Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n\n#### 19B Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia by at least one Australian citizen in accordance with:\n\n(a) the Hague Convention on Intercountry Adoption; or\n\n(b) a bilateral arrangement.\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 19D(4); or\n\n• national security: see subsections 19D(5) to (7A); or\n\n• cessation of citizenship: see subsection 19D(8).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\n#### 19C Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Eligibility\n (2) A person (the applicant) is eligible to become an Australian citizen if:\n (a) the applicant is adopted in a Convention country or a prescribed overseas jurisdiction by:\n (i) a person (the adopter) who is an Australian citizen at time of the adoption; or\n (ii) 2 persons jointly, only one of whom (the adopter) is an Australian citizen at the time of the adoption; or\n (iii) 2 persons jointly, both of whom (the adopters) are Australian citizens at the time of the adoption; and\n (b) an adoption compliance certificate issued in that country is in force for the adoption; and\n (c) under the Intercountry Adoption regulations or the Bilateral Arrangements regulations, as applicable, the adoption is recognised and effective for the laws of the Commonwealth and each State and Territory; and\n (d) the legal relationship between the applicant and the individuals who were, immediately before the adoption, the applicant’s parents has been terminated; and\n (e) if subparagraph (a)(i) or (ii) applies and the adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—the adopter satisfies subsection (3); and\n (f) if subparagraph (a)(iii) applies and each adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—either or both of the adopters satisfy subsection (3); and\n (g) if the applicant is aged 18 or over at the time the applicant made the application—the Minister is satisfied that the applicant is of good character at the time of the Minister’s decision on the application.\n (3) An adopter satisfies this subsection if the adopter has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the applicant made the application.\n Definitions\n (4) In this section:\n\n> adoption compliance certificate:\n\n (a) for an adoption in accordance with the Hague Convention on Intercountry Adoption—has the same meaning as in the Intercountry Adoption regulations; and\n (b) for an adoption in accordance with a bilateral arrangement—has the same meaning as in the Bilateral Arrangements regulations.\n\n> Bilateral Arrangements regulations means prescribed regulations made under the Family Law Act 1975.\n\n> Convention country has the same meaning as in the Intercountry Adoption regulations.\n\n> Intercountry Adoption regulations means prescribed regulations made under the Family Law Act 1975.\n\n> prescribed overseas jurisdiction has the same meaning as in the Bilateral Arrangements regulations.\n\n#### 19D Minister’s decision\n\n (1) If a person makes an application under section 19C, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (2) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 19C(2).\n (3) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 19C(2).\n Identity\n (4) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (5) If the person is not covered by subsection (7), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (6) If the person is covered by subsection (7), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (7)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7A), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (7)(b)(ii) applies to the person—has been convicted of a national security offence.\n (7) A person is covered by this subsection if:\n (a) at the time the person made the application under section 19C, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7A) The Minister may decide that subparagraph (6)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n Cessation of citizenship\n (8) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 19E Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19F Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### Subdivision B—Citizenship by conferral\n\n#### 19G Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 7 situations:\n\n• you satisfy the general eligibility criteria and have successfully completed a citizenship test: see subsections 21(2) and (2A); or\n\n• you have a permanent or enduring physical or mental incapacity: see subsection 21(3); or\n\n• you are aged 60 or over or have a hearing, speech or sight impairment: see subsection 21(4); or\n\n• you are aged under 18: see subsection 21(5); or\n\n• you were born to a former Australian citizen: see subsection 21(6); or\n\n• you were born in Papua: see subsection 21(7); or\n\n• you are a stateless person: see subsection 21(8).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 24(3); or\n\n• national security: see subsections 24(4) to (4C); or\n\n• non‑presence in Australia: see subsection 24(5); or\n\n• offences: see subsection 24(6); or\n\n• cessation of citizenship: see subsection 24(7).\n\nYou may need to make a pledge of commitment to become an Australian citizen.\n\n#### 20 Requirements for becoming a citizen\n\n A person becomes an Australian citizen under this Subdivision if:\n (a) the Minister decides under subsection 24(1) to approve the person becoming an Australian citizen; and\n (b) if the person is required to make a pledge of commitment to become an Australian citizen—the person makes that pledge.\n\n> Note: Sections 21 to 25 deal with the Minister approving the person becoming an Australian citizen. Sections 26 and 27 deal with the making of a pledge of commitment.\n\n#### 21 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note 1: Subsections (2) to (8) deal with eligibility.\n\n> Note 2: Section 46 sets out application requirements (which may include the payment of a fee).\n\n General eligibility\n (2) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) understands the nature of an application under subsection (1); and\n (e) possesses a basic knowledge of the English language; and\n (f) has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship; and\n (g) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (h) is of good character at the time of the Minister’s decision on the application.\n (2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if the Minister is satisfied that the following apply:\n (a) the person has sat a test approved in a determination under section 23A;\n (b) the person was eligible to sit that test (worked out in accordance with that determination);\n (c) the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination;\n (d) the person successfully completed that test (worked out in accordance with that determination) within the relevant test period.\n Permanent or enduring physical or mental incapacity\n (3) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) has a permanent or enduring physical or mental incapacity, at the time the person made the application, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged 60 or over or has hearing, speech or sight impairment\n (4) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is:\n (i) aged 60 or over at the time the person made the application; or\n (ii) aged 18 or over at the time the person made the application and is suffering from a permanent loss or substantial impairment of hearing, speech or sight at that time; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) understands the nature of the application at the time the person made the application; and\n (d) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged under 18\n (5) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged under 18 at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application.\n Person born to former Australian citizen\n (6) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born outside Australia; and\n (b) a parent of the person was not an Australian citizen at the time of the person’s birth; and\n (c) the parent had ceased to be an Australian citizen under section 17 of the old Act (about dual citizenship) before that time; and\n (d) if the person is aged 18 or over at the time the person made the application—the person is of good character at the time of the Minister’s decision on the application.\n Person born in Papua\n (7) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Papua before 16 September 1975; and\n (b) a parent of the person was born in Australia (within the meaning of this Act at the time the person made the application); and\n (c) the parent was an Australian citizen at the time of the person’s birth; and\n (d) the person is of good character at the time of the Minister’s decision on the application.\n Statelessness\n (8) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Australia; and\n (b) the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (c) the person has:\n (i) never been a national of any country; and\n (ii) never been a citizen of any country; and\n (d) the person:\n (i) is not entitled to acquire the nationality of a foreign country; and\n (ii) is not entitled to acquire the citizenship of a foreign country.\n\n#### 22 General residence requirement\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:\n (a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and\n (b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and\n (c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.\n Overseas absences\n (1A) If:\n (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 12 months;\n then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.\n (1B) If:\n (a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 90 days; and\n (c) the person was a permanent resident during each period of absence;\n then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.\n Confinement in prison or psychiatric institution\n (1C) Subject to subsection (5A), the person is taken not to satisfy paragraph (1)(a) if, at any time during the 4 year period mentioned in that paragraph, the person was:\n (a) confined in a prison; or\n (b) 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.\n Partial exemption—person born in Australia or former Australian citizen\n (2) Paragraphs (1)(a) and (b) do not apply if the person:\n (a) was born in Australia; or\n (b) was an Australian citizen at any time before the person made the application.\n Ministerial discretion—administrative error\n (4A) For the purposes of paragraph (1)(b), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n (5) 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 the Minister considers the person was present in Australia during that period but, because of an administrative error, was not a permanent resident during that period.\n Ministerial discretion—confinement in prison or psychiatric institution\n (5A) The Minister may decide that subsection (1C) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—person in Australia would suffer significant hardship or disadvantage\n (6) 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:\n (a) the person was present in Australia during that period (except as a permanent resident or an unlawful non‑citizen); and\n (b) the Minister is satisfied that the person will suffer significant hardship or disadvantage if that period were not treated as one during which the person was present in Australia as a permanent resident.\n Ministerial discretion—spouse, de facto partner or surviving spouse or de facto partner of Australian citizen\n (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, the Minister may treat a period as one in which the person was present in Australia as a permanent resident if:\n (a) the person was a spouse or de facto partner of that Australian citizen during that period; and\n (b) the person was not present in Australia during that period; and\n (c) the person was a permanent resident during that period; and\n (d) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n (10) In subsection (9):\n\n> 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.\n\n Ministerial discretion—person in an interdependent relationship\n (11) If, at the time the person made the application, the person:\n (a) holds a permanent visa granted to the person because the person was in an interdependent relationship with an Australian citizen; and\n (b) is in that interdependent relationship;\n then, 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:\n (c) the person held that visa during that period and the person was in that interdependent relationship during that period; and\n (d) the person was not present in Australia during that period; and\n (e) the person was a permanent resident during that period; and\n (f) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n\n#### 22A Special residence requirement—persons engaging in activities that are of benefit to Australia\n\n (1) Subject to this section, for the purposes of section 21 a person (the applicant) satisfies the special residence requirement if:\n (a) the following apply:\n (i) the applicant is seeking to engage in an activity specified under subsection 22C(1);\n (ii) the applicant’s engagement in that activity would be of benefit to Australia;\n (iii) the applicant needs to be an Australian citizen in order to engage in that activity;\n (iv) in order for the applicant to engage in that activity, there is insufficient time for the applicant to satisfy the general residence requirement (see section 22); and\n (b) the head of an organisation specified under subsection 22C(2), or a person whom the Minister is satisfied holds a senior position in that organisation, has given the Minister a notice in writing stating that the applicant has a reasonable prospect of being engaged in that activity; and\n (c) the applicant was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the applicant made the application; and\n (d) the applicant was present in Australia for a total of at least 90 days during the period of 12 months immediately before the day the applicant made the application; and\n (e) the applicant was ordinarily resident in Australia throughout the period of 2 years immediately before the day the applicant made the application; and\n (f) the applicant was a permanent resident for the period of 2 years immediately before the day the applicant made the application; and\n (g) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 2 years immediately before the day the applicant made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the applicant if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the applicant; and\n (b) the Minister is satisfied that the applicant satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (c) the applicant was a permanent resident throughout the period of 90 days immediately before the day the applicant made the application; and\n (d) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the applicant made the application; and\n (e) the applicant has given the Minister an undertaking in a form approved by the Minister under subsection (8); and\n (f) the applicant has declared, in the undertaking, that:\n (i) if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection, the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and\n (ii) the applicant understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the applicant, then, for the purposes of section 21, the applicant is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the applicant is taken not to satisfy paragraph (1)(c) if, at any time during the 2 year period mentioned in that paragraph, the applicant was:\n (a) confined in a prison; or\n (b) 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 applicant.\n (3) The Minister may decide that subsection (2) does not apply in relation to the applicant if, taking into account the circumstances that resulted in the applicant’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the applicant.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(c), the Minister may treat a period as one in which the applicant was a permanent resident if the Minister considers that, because of an administrative error, the applicant was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(d), the Minister may treat a period as one in which the applicant was not present in Australia as an unlawful non‑citizen if the Minister considers the applicant was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(e).\n (9) If the applicant becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the applicant becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the activity covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that activity would be of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the applicant.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22B Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the special residence requirement if:\n (a) at the time the person made the application, the person is engaged in work of a kind specified under subsection 22C(3) and the person is required to regularly travel outside Australia because of that work; and\n (b) the following apply:\n (i) the person was engaged in that kind of work for a total of at least 2 years during the period of 4 years immediately before the day the person made the application;\n (ii) for the whole or part of that 4 year period when the person was engaged in that kind of work, the person regularly travelled outside Australia because of that work; and\n (c) the person was present in Australia for a total of at least 480 days during the period of 4 years immediately before the day the person made the application; and\n (d) the person was present in Australia for a total of at least 120 days during the period of 12 months immediately before the day the person made the application; and\n (e) the person was ordinarily resident in Australia throughout the period of 4 years immediately before the day the person made the application; and\n (f) the person was a permanent resident for the period of 12 months immediately before the day the person made the application; and\n (g) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 4 years immediately before the day the person made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the person if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the person; and\n (b) the Minister is satisfied that the person’s engagement in the kind of work concerned is of benefit to Australia; and\n (c) the Minister is satisfied that the person satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (d) the person was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the person made the application; and\n (e) the person was a permanent resident throughout the period of 90 days immediately before the day the person made the application; and\n (f) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the person made the application; and\n (g) the person has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the person becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection:\n (i) the person will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the person becomes an Australian citizen; and\n (ii) the person will be present in Australia for a total of at least 180 days during that 2‑year period; and\n (h) the person has declared, in the undertaking, that the person understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the person, then, for the purposes of section 21, the person is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the person is taken not to satisfy:\n (a) paragraph (1)(c) if, at any time during the 4‑year period mentioned in that paragraph; or\n (b) paragraph (1A)(d) if, at any time during the 2‑year period mentioned in that paragraph;\n the person was:\n (c) confined in a prison; or\n (d) 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.\n (3) The Minister may decide that subsection (2) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(e), the Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(f), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the person or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(g).\n (9) If the person becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the person becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the kind of work covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that kind of work is of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the person.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22C Special residence requirement—legislative instruments\n\n (1) The Minister may, by legislative instrument, specify activities for the purposes of subparagraph 22A(1)(a)(i).\n (2) The Minister may, by legislative instrument, specify organisations for the purposes of paragraph 22A(1)(b).\n (3) The Minister may, by legislative instrument, specify kinds of work for the purposes of paragraph 22B(1)(a).\n\n#### 23 Defence service requirement\n\n Person who has completed relevant defence service\n (1) For the purposes of section 21, a person satisfies the defence service requirement if the person has completed relevant defence service.\n Member of family unit of person who has completed relevant defence service etc.\n (2) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person has completed relevant defence service; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) the relative holds a visa of that kind because the relative is a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n (3) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person dies while undertaking service in the Permanent Forces or the Reserves; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) immediately before the death of the defence person, the relative held a visa of that kind because the relative was a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n Definitions\n (4) In this section:\n\n> member of the family unit of a person has the same meaning as in the Migration Act 1958.\n\n> Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.\n\n> relevant defence service: a person has completed relevant defence service if:\n\n (a) the person has undertaken a total of at least 90 days service in one or more of the Permanent Forces (whether or not that service was continuous); or\n (b) the person has undertaken a total of at least 90 days service on which he or she was required for, and attended and was entitled to be paid for, duty in one or more of the Reserves (whether or not that service was continuous); or\n (c) the person:\n (i) was discharged from service undertaken in one of the Permanent Forces or the Reserves as medically unfit for that service; and\n (ii) became so unfit because of service undertaken in any of the Permanent Forces or the Reserves.\n\n> Reserves means the Naval Reserve, the Army Reserve or the Air Force Reserve.\n\n> service: a person undertakes service in the Permanent Forces or the Reserves only if the person is appointed, enlisted or transferred into any of the Permanent Forces or the Reserves.\n\n> Note: For appointment, enlistment or transfer into any of the Permanent Forces or the Reserves, see the Defence Act 1903.\n\n#### 23A Citizenship test\n\n (1) The Minister must, by written determination, approve a test for the purposes of subsection 21(2A) (about general eligibility for citizenship).\n\n> Note: The test must be related to the eligibility criteria referred to in paragraphs 21(2)(d), (e) and (f).\n\n Successful completion of the test\n (2) A determination under subsection (1) must specify what amounts to successful completion of the test.\n Eligibility criteria for sitting the test\n (3) A determination under subsection (1) may set out the eligibility criteria a person must satisfy to be able to sit the test.\n\n> Note: The eligibility criteria for sitting the test cannot be inconsistent with this Act and in particular subsection 21(2) (about the general eligibility criteria for becoming an Australian citizen).\n\n (4) For the purposes of subsection (3), the determination may provide that a person is not eligible to sit the test unless the person is a permanent resident and the Minister is satisfied of the identity of the person.\n (5) Subsection (4) does not limit subsection (3).\n Period for sitting and completing the test\n (5A) A determination under subsection (1) may provide for the period within which a person must start the test and for the period within which a person must complete the test.\n Other matters\n (6) A determination under subsection (1) may cover any other matter related to the test the Minister thinks appropriate.\n Determination not a legislative instrument\n (7) A determination made under subsection (1) is not a legislative instrument.\n\n#### 24 Minister’s decision\n\n (1) If a person makes an application under section 21, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n\n> Note: The Minister may cancel an approval: see section 25.\n\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6), (7) or (8).\n (2) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6) or (7).\n (2A) If the Minister exercised the power under subsection 22A(1A) or 22B(1A) in relation to the person, the decision under subsection (1) of this section must be made by the Minister personally.\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (4B)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (4C), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (4B)(b)(ii) applies to the person—has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 21, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (4C) The Minister may decide that subparagraph (4A)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n (4D) To avoid doubt, subsection (4A) applies to a person who is eligible to become an Australian citizen under subsection 21(8).\n Person not present in Australia\n (5) If:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (aa) the Minister is satisfied that the person did not satisfy the special residence requirement referred to in section 22A or 22B; and\n (b) the Minister did not apply subsection 22(9) in relation to the person; and\n (c) the Minister did not apply subsection 22(11) in relation to the person;\n the Minister must not approve the person becoming an Australian citizen at a time when the person is not present in Australia.\n Offences\n (6) The Minister must not approve the person becoming an Australian citizen at a time:\n (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\n (b) when the person is confined to a prison in Australia; or\n (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\n (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\n (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\n (f) if the person:\n (i) has been released by a court from serving the whole or a part of a sentence of imprisonment; and\n (ii) has been so released because the person gave a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (g) if, in respect of proceedings for an offence against an Australian law in relation to the person:\n (i) a court does not impose a sentence of imprisonment on the person; and\n (ii) the court releases the person because the person gives a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (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.\n Cessation of citizenship\n (7) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n Statelessness\n (8) However, subsections (6) and (7) do not apply to a person covered by subsection 21(8) (about statelessness).\n\n#### 25 Minister may cancel approval\n\n (1) The Minister may, by writing, cancel an approval given to a person under section 24 if:\n (a) the person has not become an Australian citizen under section 28; and\n (b) either of the following 2 situations apply.\n Eligibility criteria not met\n (2) The first situation applies if:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (b) the Minister is satisfied that, at the time the Minister proposes to cancel the approval, the person is:\n (i) not a permanent resident; or\n (ii) not likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia; or\n (iii) not of good character.\n Failure to make pledge of commitment\n (3) The second situation applies if:\n (a) the person has failed to make a pledge of commitment within 12 months after the day on which the person received notice of the approval; and\n (b) the person’s reason for the failure is not one that is prescribed by the regulations for the purposes of this subsection.\n Cancellation of child’s approval\n (4) If:\n (a) a child aged under 16 makes an application under section 21 at a particular time; and\n (b) 1 or more responsible parents of the child make applications under section 21 at that time; and\n (c) the Minister decides under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens; and\n (d) the Minister cancels the approval given to each responsible parent;\n the Minister must, by writing, cancel the approval given to the child.\n Effect of cancellation\n (5) If the Minister cancels an approval given to a person, the approval is taken never to have been given.\n\n> Note: A person cannot become an Australian citizen under this Subdivision unless the Minister approves the person becoming an Australian citizen. This subsection has the effect that the person will need to make another application if the person wants to become an Australian citizen.\n\n#### 26 Pledge of commitment must be made\n\n (1) A person must make a pledge of commitment to become an Australian citizen unless the person:\n (a) is aged under 16 at the time the person made the application to become an Australian citizen; or\n (b) has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or\n (c) is covered by subsection 21(6), (7) or (8).\n\n> Note: See section 27 for how the pledge is to be made.\n\n (2) A person must not make a pledge of commitment before the Minister approves the person’s application to become an Australian citizen. A pledge of commitment made by the person before that time is of no effect.\n Delayed making of pledge\n (3) If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:\n (a) a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or\n (b) the person has been or may be charged with an offence under an Australian law.\n (4) The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.\n (5) The Minister may, by writing, revoke a determination.\n (6) If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. A pledge of commitment made by the person before that time is of no effect.\n\n#### 27 How pledge of commitment is to be made\n\n Form of pledge\n (1) A pledge of commitment must be made in accordance with either of the forms set out in Schedule 1.\n Prescribed arrangements\n (2) A pledge of commitment must be made in accordance with the arrangements prescribed by the regulations.\n\n> Note: The regulations may provide for a pledge of commitment to be made in public.\n\n Persons who may receive pledge\n (3) A pledge of commitment must be made before:\n (a) the Minister; or\n (b) a person authorised under subsection (4); or\n (c) a person who is included in a class of persons authorised under subsection (5).\n (4) The Minister may, by writing, authorise a person for the purposes of paragraph (3)(b).\n (5) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (3)(c).\n\n#### 28 Day citizenship begins etc.\n\n Persons required to make pledge of commitment\n (1) A person required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the person makes the pledge.\n Persons not required to make pledge of commitment\n (2) Subject to subsection (3), a person not required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n Applications made at the same time by child and responsible parents\n (3) Subsection (2) does not apply to a child aged under 16 at the time the child made the application to become an Australian citizen if:\n (a) 1 or more responsible parents of the child made applications under section 21 at that time; and\n (b) the Minister decided under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens.\n (4) If 1 or more of the responsible parents become Australian citizens under this section, the child becomes an Australian citizen on the first day on which a responsible parent becomes an Australian citizen.\n\n#### Subdivision C—Resuming citizenship\n\n#### 28A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you ceased to be an Australian citizen under this Act or the old Act.\n\nYou must make an application to become an Australian citizen again. The Minister must approve or refuse you becoming an Australian citizen again.\n\nYou must be eligible to be an Australian citizen again to be approved. You may be refused citizenship again even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 30(3); or\n\n• national security: see subsections 30(4) to (7).\n\nYou will be registered if the Minister approves you becoming an Australian citizen again.\n\n#### 29 Application and eligibility for resuming citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen again.\n\n> Note 1: Section 46 sets out application requirements (which may include the payment of a fee).\n\n> Note 2: The person may also apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under this Act\n (2) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 33 (about renunciation) in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (ii) section 36 (about children); and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n> Note 1: See also section 32 (which is about persons resuming their former citizenship status).\n\n> Note 2: A person who ceases to be an Australian citizen under section 34 or 34A may apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under old Act\n (3) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 17 (about dual citizenship) of the old Act; or\n (ii) section 18 (about renunciation) of the old Act in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (iii) section 20 (about residence outside Australia) of the old Act; or\n (iv) section 23 (about children) of the old Act; and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 30 Minister’s decision\n\n (1) If a person makes an application under section 29, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen again.\n (1A) The Minister must not approve the person becoming an Australian citizen again unless the person is eligible to become an Australian citizen again under subsection 29(2) or (3).\n (2) The Minister may refuse to approve the person becoming an Australian citizen again despite the person being eligible to become an Australian citizen again under subsection 29(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen again unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (5) If the person is covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again if the person:\n (a) if subparagraph (6)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (6)(b)(ii) applies to the person—has been convicted of a national security offence.\n (6) A person is covered by this subsection if:\n (a) at the time the person made the application under section 29, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7) The Minister may decide that subparagraph (5)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n\n#### 31 Registration\n\n If the Minister approves the person becoming an Australian citizen again, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 32 Day citizenship begins again etc.\n\n (1) A person becomes an Australian citizen again on the day on which the Minister approves the person becoming an Australian citizen again.\n Same kind of citizenship—former citizen under this Act\n (2) If the person, before ceasing to be an Australian citizen, was an Australian citizen under Subdivision A, AA or B, the person becomes an Australian citizen again under that Subdivision.\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n Same kind of citizenship—former citizen under old Act\n (3) If the person, before ceasing to be an Australian citizen, was an Australian citizen under the provision set out in column 2 of the following table, the person becomes an Australian citizen again under the provision set out in column 3 of the table.\n\n```html\n

Same kind of citizenship

Column 1
Item

Column 2
Provision under which person was a citizen

Column 3
Provision under which person becomes a citizen again

1

Section 10B, 10C or 11 of the old Act

Subdivision A of this Division

2

Division 2 of Part III of the old Act

Subdivision B of this Division

\n```\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n### Division 3—Cessation of Australian citizenship\n\n#### Subdivision A—Simplified outline of this Division\n\n#### 32A Simplified outline of this Division\n\n The following is a simplified outline of this Division:\n\nThere are 5 ways in which you can cease to be an Australian citizen:\n\n• you may renounce your Australian citizenship: see section 33; or\n\n• 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\n\n• 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\n\n• if you are the child of a responsible parent who ceases to be an Australian citizen, the Minister can revoke your citizenship in some situations: see section 36; or\n\n• if you are convicted of certain offences and an order is made by a court that you cease to be an Australian citizen: see Subdivision C (citizenship cessation).\n\n#### Subdivision B—Citizenship renunciation and revocation\n\n#### 33 Renunciation by application\n\n (1) A person may make an application to the Minister to renounce the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Minister’s decision\n (2) The Minister must, by writing, approve or refuse to approve the person renouncing his or her Australian citizenship.\n (3) Subject to this section, the Minister must approve the person renouncing his or her Australian citizenship if the Minister is satisfied that:\n (a) the person is aged 18 or over, and is a national or citizen of a foreign country, at the time the person made the application; or\n (b) the person was born, or is ordinarily resident, in a foreign country and is not entitled, under the law of that country, to acquire the nationality or citizenship of that country because the person is an Australian citizen.\n (4) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n (5) The Minister may refuse to approve the person renouncing his or her Australian citizenship if the person:\n (a) is a national or citizen of a foreign country at the time the person made the application; and\n (b) made the application during a war in which Australia is engaged.\n (6) The Minister must not approve the person renouncing his or her Australian citizenship if the Minister considers that it would not be in the interests of Australia to do so.\n (7) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person:\n (a) is a national or citizen of a foreign country immediately before the Minister’s decision on the application; or\n (b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval.\n Time citizenship ceases\n (8) If the Minister approves a person renouncing his or her Australian citizenship, the person ceases to be an Australian citizen at the time of the approval.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 34 Revocation by Minister—offences or fraud\n\n Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision A or AA of Division 2 (including because of the operation of section 32); and\n (b) either of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n Citizenship by conferral\n (2) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2 (including because of the operation of section 32); and\n (b) any of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person has, at any time after making the application to become an Australian citizen, been convicted of a serious offence within the meaning of subsection (5);\n (iii) the person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud within the meaning of subsection (6);\n (iv) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n (3) However, the Minister must not decide under subsection (2) to revoke a person’s Australian citizenship if:\n (a) the Minister may revoke the person’s Australian citizenship under that subsection only because of the application of subparagraph (2)(b)(ii); and\n (b) 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.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n Serious offence\n (5) For the purposes of this section, a person has been convicted of a serious offence if:\n (a) the person has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to death or to a serious prison sentence; and\n (b) the person committed the offence at any time before the person became an Australian citizen.\n Migration‑related fraud\n (6) For the purposes of this section, a person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud if and only if:\n (a) at any time, the person was convicted of an offence against:\n (i) section 234, 236 or 243, or former section 244 (as in force before its repeal by the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008), of the Migration Act 1958; or\n (ii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n that the person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the person’s entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia.\n (7) Subsection (6) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident.\n Third‑party fraud\n (8) For the purposes of this section, a person (the applicant) obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud if and only if:\n (a) at any time, another person was convicted of an offence against section 50 of this Act, or section 134.1, 135.2, 135.4, 136.1, 137.1, 137.2, 139.1, 141.1, 142.1, 142.2, 144.1, 145.1, 145.2, 145.4, 145.5 or 149.1 of the Criminal Code, that the other person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the Minister approving the applicant becoming an Australian citizen.\n Charge proved but no conviction\n (9) A reference in this section to a conviction of an offence:\n (a) in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; and\n (b) in relation to a law of a State or Territory or a foreign country—includes a reference to the making of an order under the corresponding provision of a law of the State or Territory or foreign country in relation to the offence.\n\n#### 34A Revocation by Minister—special residence requirements\n\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2; and\n (b) the person became an Australian citizen in circumstances where the Minister exercised the power under subsection 22A(1A) or 22B(1A); and\n (c) in a case in which the power was exercised under subsection 22A(1A)—the Minister is satisfied that the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; and\n (d) in a case in which the power was exercised under subsection 22B(1A)—the Minister is satisfied that:\n (i) the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; or\n (ii) the person will not be, or was not, present in Australia for a total of at least 180 days during that 2‑year period.\n (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.\n (3) The power under subsection (1) may only be exercised by the Minister personally.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 36 Children of responsible parents who cease to be citizens\n\n (1) If:\n (a) a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and\n (b) at the cessation time, the person is a responsible parent of a child aged under 18;\n then:\n (c) the Minister may, by writing, revoke the child’s Australian citizenship; and\n (d) if the Minister does so—the child ceases to be an Australian citizen at the time of the revocation.\n Exception—another responsible parent\n (2) If, at the cessation time, another responsible parent of the child is an Australian citizen, subsection (1) does not apply to the child:\n (a) while there is a responsible parent who is an Australian citizen; and\n (b) if there ceases to be such a responsible parent because of the death of a responsible parent—at any time after that death.\n Exception—statelessness\n (3) The Minister must not revoke a child’s Australian citizenship under subsection (1) if the Minister is satisfied that the child would then become a person who is not a national or citizen of any country.\n\n#### Subdivision C—Citizenship cessation\n\n#### 36A Purpose of this Subdivision\n\n This Subdivision is enacted because the Parliament recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia.\n\n#### 36B Cessation of citizenship if citizenship cessation order made by court etc.\n\n (1) Subject to this section, if an order is made under subsection 36C(1) in relation to a person, the person ceases to be an Australian citizen at the time the order is made.\n Order overturned or quashed\n (2) If a decision of a court overturns or quashes the order made under subsection 36C(1), the person’s citizenship is taken never to have ceased under subsection (1) of this section.\n (3) The validity of anything done in reliance on the order made under subsection 36C(1) before the order was overturned or quashed is not affected.\n Appeal decision\n (4) If:\n (a) a decision (the first decision) of a court overturning or quashing the order made under subsection 36C(1) in relation to the person is appealed; and\n (b) the decision (the second decision) on appeal overturns or quashes the first decision;\n the person ceases to be an Australian citizen at the time the second decision is made.\n\n#### 36C Citizenship cessation order if person is convicted of serious offence\n\n (1) If:\n (a) a person is convicted of one or more serious offences; and\n (b) the court has decided to impose on the person, in respect of the conviction or convictions, a period of imprisonment that is at least 3 years or periods of imprisonment that total at least 3 years; and\n (c) before the court imposes the sentence or sentences on the person in respect of the conviction or convictions, the Minister makes an application under subsection 36D(1) for an order to be made under this subsection in relation to the person; and\n (d) the court is satisfied of the matters specified in subsection (4) of this section;\n the court may, when imposing such a period or periods of imprisonment on the person in respect of the conviction or convictions, also order at that time as part of the sentence or sentences that the person ceases to be an Australian citizen.\n\n> Note: Subsections (5) and (6) set out, without limitation, matters the court must have regard to in deciding whether to make an order under this subsection.\n\n (2) However, the court must not make an order under subsection (1) in relation to the person if the court is satisfied that the person would, if the court were to make the order, become a person who is not a national or citizen of any country.\n Serious offence\n (3) A serious offence is an offence against any of the following provisions:\n (a) a provision of Subdivision A of Division 72 of the Criminal Code (explosives and lethal devices);\n (b) a provision of Subdivision B of Division 80 of the Criminal Code (treason);\n (c) section 83.1 of the Criminal Code (advocating mutiny);\n (d) a provision of Division 91 of the Criminal Code (espionage);\n (e) a provision of Division 92 of the Criminal Code (foreign interference);\n (f) a provision of Part 5.3 of the Criminal Code (terrorism), other than the following provisions:\n (i) section 102.8;\n (ii) Division 104;\n (iii) Division 105;\n (iv) section 105A.7D;\n (v) section 105A.18B;\n (fa) a provision of Part 5.3A of the Criminal Code (state sponsors of terrorism), other than section 112.7;\n (g) a provision of Part 5.5 of the Criminal Code (foreign incursions and recruitment).\n Court to be satisfied of certain matters etc.\n (4) For the purposes of paragraph (1)(d), the matters are the following:\n (a) the person is aged 14 or over;\n (b) the person is an Australian citizen;\n (c) the person’s conduct to which the conviction or convictions relate is so serious and significant that it demonstrates that the person has repudiated their allegiance to Australia.\n (5) In deciding whether the court is satisfied of the matter referred to in paragraph (4)(c) in relation to the person’s conduct, the court must have regard to the following matters:\n (a) whether the conduct to which the conviction or convictions relate demonstrates a repudiation of the values, democratic beliefs, rights and liberties that underpin Australian society;\n (b) the degree, duration or scale of the person’s commitment to, or involvement in, the conduct to which the conviction or convictions relate;\n (c) the intended scale of the conduct to which the conviction or convictions relate;\n (d) the actual impact of the conduct to which the conviction or convictions relate;\n (e) whether the conduct to which the conviction or convictions relate caused, or was intended to cause, harm to human life or a loss of human life.\n (6) In deciding whether to make an order under subsection (1) in relation to the person, the court must have regard to the following matters:\n (a) if the person is a child aged under 18—the best interests of the child;\n (b) if the person has any dependent children in Australia—the best interests of those children;\n (c) the person’s connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person.\n (7) Subsection (6) does not limit the matters to which the court may have regard in deciding whether to make an order under subsection (1) in relation to the person.\n Concurrent sentences\n (8) If:\n (a) a person has been convicted of 2 or more serious offences; and\n (b) a court has decided to impose on the person, in respect of the conviction or convictions, 2 or more periods of imprisonment to be served concurrently (whether in whole or in part);\n then, for the purposes of subsection (1), the whole of each period is to be counted in working out the total of those periods.\n\n> Note: Example: A person is convicted of 2 serious offences and a court has decided to impose on the person in respect of the convictions 2 periods of 2 years imprisonment to be served concurrently. For the purposes of subsection (1), the total period of imprisonment is 4 years.\n\n References to period of imprisonment\n (9) For the purposes of subsection (1):\n (a) a reference to a period of imprisonment in that subsection does not include a period of imprisonment that is suspended; and\n (b) a reference to a period of imprisonment in that subsection includes a reference to a single sentence of imprisonment that a court has decided to impose in respect of both one or more serious offences and one or more other offences.\n Other matters\n (10) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n (11) Part IB of the Crimes Act 1914 (which deals with sentencing, imprisonment and release of federal offenders) does not apply in relation to an order under this section.\n\n#### 36D Application by the Minister for a citizenship cessation order\n\n (1) The Minister may make an application for an order to be made by a court under subsection 36C(1) in relation to a person.\n (2) The application may be made before or after the person is convicted of one or more serious offences but must be made before the person is sentenced.\n Consultation with the Foreign Affairs Minister\n (3) Before the Minister makes the application, the Minister must consult the Foreign Affairs Minister.\n Matters relating to the application\n (4) The application must include the following matters:\n (a) information about the person’s age;\n (b) information about the person’s Australian citizenship;\n (c) information about the person’s nationality or citizenship of other countries.\n (5) The application:\n (a) must be made in the jury’s absence; and\n (b) must not be referred to in the presence of the jury; and\n (c) must only be heard after the person is convicted of one or more serious offences.\n Notice of application\n (6) The Minister must give the person written notice of the application as soon as practicable after the application is made. The Minister may also give written notice of the application to such other persons as the Minister considers appropriate.\n (7) Section 47 (notification of decisions) does not apply to a decision of the Minister to make the application.\n Australian citizens to which this section applies\n (8) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n\n#### 36L No resumption of citizenship if citizenship ceases under this Subdivision\n\n If a person ceases to be an Australian citizen under this Subdivision, Divisions 1 and 2 of this Part do not apply in relation to the person after that cessation.\n\n> Note: See section 36B for when a person ceases to be an Australian citizen.\n\n### Division 4—Evidence of Australian citizenship\n\n#### 37 Evidence of Australian citizenship\n\n (1) A person may make an application to the Minister for evidence of the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Notice\n (2) The Minister may give the person a notice stating that the person is an Australian citizen at a particular time.\n (3) The notice must:\n (a) be in a form prescribed by the regulations; and\n (b) contain any other matter prescribed by the regulations.\n Identity\n (4) The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n Evidentiary status\n (5) A notice is prima facie evidence of the matters in the notice.\n Cancellation\n (6) The Minister may, by writing, cancel a notice given to a person under this section.\n\n#### 38 Surrender of physical evidentiary notice\n\n Request for surrender\n (1) If:\n (a) the Minister makes a decision under section 34 or 34A to revoke a person’s Australian citizenship; and\n (b) at the time of the revocation, there is in force a notice under section 37 in relation to the person; and\n (c) the notice was given to the person in a physical form;\n the Minister may request the person to surrender the notice to the Minister.\n (2) If the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37 and the notice was given to the person in a physical form, the Minister may request the person to surrender the notice to the Minister.\n Form of request\n (3) A request given to a person under subsection (1) or (2) must:\n (a) be made in writing; and\n (b) specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and\n (c) specify how the person is to surrender the notice to the Minister; and\n (d) contain a statement to the effect that a failure to comply with the request is an offence.\n Offence\n (4) A person commits an offence if:\n (a) the person is given a request that is in accordance with this section; and\n (b) the person fails to comply with the request.\n\nPenalty for contravention of this subsection: 10 penalty units.\n\n#### 39 Altering evidentiary notice\n\n A person commits an offence if:\n (a) the person alters, or causes or permits to be altered, a notice; and\n (b) the notice was given to a person under section 37.\n\nPenalty: Imprisonment for 12 months.\n\n### Division 5—Personal identifiers\n\n#### Subdivision A—Obtaining personal identifiers\n\n#### 40 Request for personal identifiers\n\n (1) For the purposes of the Minister being satisfied of the identity of:\n (a) a person in relation to an application under this Part; or\n (b) a person who has sought to sit a test approved in a determination under section 23A;\n the following persons may request the person, in writing, to provide one or more specified personal identifiers:\n (c) the Minister;\n (d) a person authorised under subsection (3);\n (e) a person who is included in a class of persons authorised under subsection (4).\n Form of request\n (2) A request must inform the person of the matters prescribed by the regulations.\n Authorisations\n (3) The Minister may, by writing, authorise a person for the purposes of paragraph (1)(d).\n (4) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (1)(e).\n\n#### 41 Provision of personal identifiers\n\n The regulations may prescribe the procedures and requirements that apply to the provision of a personal identifier by a person under this Division.\n\n#### Subdivision B—Obligations relating to identifying information\n\n#### 42 Accessing identifying information\n\n (1) A person commits an offence if:\n (a) the person accesses identifying information; and\n (b) the person is not authorised under this section to access the identifying information for the purpose for which the person accessed it.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) This section does not apply if the person believes on reasonable grounds that the access is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n (2) This section does not apply if the access is through:\n (a) a disclosure that is a permitted disclosure within the meaning of section 43; or\n (b) a disclosure to which section 43 does not apply because of the operation of subsection 43(1A).\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Authorisation\n (3) The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.\n (4) The Minister must specify in an authorisation under subsection (3), as the purpose or purposes for which access is authorised, one or more of the following purposes:\n (a) either or both of the purposes set out in paragraph 10(2)(c);\n (b) disclosing identifying information in accordance with this Division;\n (c) administering or managing the storage of identifying information;\n (d) making identifying information available to the person to whom it relates;\n (e) modifying identifying information to enable it to be matched with other identifying information;\n (f) modifying identifying information in order to correct errors or ensure compliance with appropriate standards;\n (g) the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act;\n (h) complying with Australian laws.\n\n#### 43 Disclosing identifying information\n\n (1) A person commits an offence if:\n (a) the person’s conduct causes disclosure of identifying information; and\n (b) the disclosure is not a permitted disclosure.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure;\n this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person.\n\n> Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: Australian Privacy Principle 6 may apply to further disclosures of that identifying information by a person who is not an entrusted person.\n\n (1B) This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).\n\n (2) A permitted disclosure is a disclosure that:\n (b) is for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; or\n (c) is for the purpose of administering or managing the storage of identifying information; or\n (d) is for the purpose of making the identifying information in question available to the person to whom it relates; or\n (da) is to an agency of the Commonwealth, a State or a Territory in order to verify that a person is an Australian citizen; or\n (e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or\n (ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth, a State or a Territory; or\n (eb) is required by an Australian law; or\n (f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or\n (g) is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or\n (h) takes place with the written consent of the person to whom the identifying information in question relates.\n\n#### 44 Unauthorised modification or impairment of identifying information\n\n Unauthorised modification\n (1) A person commits an offence if:\n (a) the person causes any unauthorised modification of identifying information; and\n (b) the person intends to cause the modification; and\n (c) the person knows that the modification is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Unauthorised impairment\n (2) A person commits an offence if:\n (a) the person causes any unauthorised impairment of:\n (i) the reliability of identifying information; or\n (ii) the security of the storage of identifying information; or\n (iii) the operation of a system by which identifying information is stored; and\n (b) the person intends to cause the impairment; and\n (c) the person knows that the impairment is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Exception\n (2A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure within the meaning of section 43;\n this section does not apply in relation to any modification or impairment of that identifying information by a person who is not an entrusted person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n Interpretation\n (3) In this section:\n (a) modification of identifying information; or\n (b) impairment of the reliability of identifying information; or\n (c) impairment of the security of the storage of identifying information; or\n (d) impairment of the operation of a system by which identifying information is stored;\n by a person is unauthorised if the person is not entitled to cause that modification or impairment.\n (4) Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.\n (5) For the purposes of this section, a person causes any such unauthorised modification or impairment if the person’s conduct substantially contributes to it.\n (6) For the purposes of subsection (3), if:\n (a) a person causes any modification or impairment of a kind mentioned in that subsection; and\n (b) the person does so under a warrant issued under an Australian law;\n the person is entitled to cause that modification or impairment.\n\n#### 45 Destroying identifying information\n\n (1) A person commits an offence if:\n (a) the person is the responsible person for identifying information; and\n (b) the person fails to destroy the identifying information as soon as practicable after the person is no longer required under the Archives Act 1983 to keep the identifying information.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n> Note: See section 24 of the Archives Act 1983 on the obligation to keep the identifying information.\n\n (2) This section does not apply if the identifying information is:\n (a) a personal identifier that is any of the following:\n (i) a measurement of a person’s height and weight;\n (ii) a photograph or other image of a person’s face;\n (iii) a person’s signature; or\n (b) identifying information derived from or relating to such a personal identifier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Definitions\n (3) For the purposes of this section, the responsible person for identifying information is:\n (a) if the identifying information is stored on a database—the person who has day‑to‑day control of the database; or\n (b) otherwise—the person who has day‑to‑day responsibility for the system under which the identifying information is stored.\n (4) For the purposes of this section, identifying information is destroyed if:\n (a) in the case of identifying information that is a personal identifier—it is physically destroyed; and\n (b) in any other case—any means of identifying it with the person to whom it relates is destroyed.\n (5) For the purposes of this section, a database is a discrete body of information stored by electronic means, containing:\n (a) indexes of persons who have provided personal identifiers in accordance with a request under this Division; and\n (b) their identifying information.\n\n## Part 3—Other matters\n\n### Division 1—Bogus documents\n\n#### 45A Prohibition on, and forfeiture of, bogus documents\n\n (1) A person (whether a citizen or non‑citizen) must not give a bogus document to the Minister, a person acting under a delegation or authorisation of the Minister, a tribunal or any other person or body performing a function or purpose under, or in relation to, this Act (the official), or cause such a document to be so given.\n (2) A bogus document given in contravention of subsection (1) is forfeited to the Commonwealth.\n\n#### 45B Seizure of bogus documents\n\n (1) If the Minister reasonably suspects that a document is forfeited under subsection 45A(2), then the Minister may seize the document.\n (2) As soon as practicable after seizing the document, the Minister must give written notice of the seizure to the person who gave the document to the official under subsection 45A(1).\n (3) The notice must:\n (a) identify the document; and\n (b) state that the document has been seized; and\n (c) specify the reason for the seizure; and\n (d) state that the document will be condemned as forfeited unless the person institutes proceedings against the Commonwealth before the end of the period specified in the notice:\n (i) to recover the document; or\n (ii) for a declaration that the document is not forfeited.\n (4) For the purposes of paragraph (3)(d), the period must:\n (a) start on the date of the notice; and\n (b) end 90 days after that date.\n\n#### 45C Document condemned as forfeited\n\n (1) If a document is seized under subsection 45B(1), then:\n (a) the person who gave the document to the official under subsection 45A(1); and\n (b) if that person is not the owner of the document—the owner;\n may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction:\n (c) to recover the document; or\n (d) for a declaration that the document is not forfeited.\n (2) The proceedings:\n (a) may be instituted even if the seizure notice required to be given under subsection 45B(2) in relation to the document has not yet been given; and\n (b) may only be instituted before the end of the period specified in the seizure notice.\n (3) If, before the end of the period specified in the seizure notice, the person or owner does not institute the proceedings, the document is condemned as forfeited to the Commonwealth immediately after the end of that period.\n (4) If, before the end of the period specified in the seizure notice, the person or owner does institute the proceedings, the document is condemned as forfeited to the Commonwealth at the end of the proceedings unless there is:\n (a) an order for the person or owner to recover the document; or\n (b) a declaration that the document is not forfeited.\n (5) For the purposes of subsection (4), if the proceedings go to judgment, they end:\n (a) if no appeal against the judgment is lodged within the period for lodging such an appeal—at the end of that period; or\n (b) if an appeal against the judgment is lodged within that period—when the appeal lapses or is finally determined.\n\n#### 45D Dealing with a document after it is condemned as forfeited\n\n (1) If, under section 45C, a document is condemned as forfeited to the Commonwealth, it must be dealt with or disposed of (including by being given to another person) in accordance with any direction given by the Minister.\n (2) If the Minister considers that the document may be relevant to proceedings in a court or tribunal, then the Minister:\n (a) must give a direction for the safe keeping of the document; and\n (b) must authorise access to the document for the purposes of those proceedings.\n (3) A direction given under this section is not a legislative instrument.\n\n### Division 2—Other\n\n#### 46 Application requirements\n\n (1) An application under a provision of this Act must:\n (a) be on the relevant form approved by the Minister for the purposes of that provision; and\n (b) contain the information required by the form; and\n (c) be accompanied by any other information or documents prescribed by the regulations; and\n (d) be accompanied by the fee (if any) prescribed by the regulations.\n (1AA) However, paragraphs (1)(a) and (b) do not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed by the regulations; and\n (b) contains the information prescribed by the regulations.\n (1A) For applications made under section 21 by persons who, in order to be eligible to become an Australian citizen under subsection 21(2), must have sat a test approved in a determination under section 23A, the fee prescribed by the regulations may include a component that relates to the sitting of that test.\n Approval of forms\n (2) The Minister may, by writing, approve one or more forms for the purposes of a provision of this Act under which an application may be made.\n\n> Note: For example, there are 2 ways to become an Australian citizen by descent under section 16\\. The Minister may approve 1 form for the purposes of that section or may approve 2 different forms.\n\n Children aged under 16\n (2A) An application under a provision of this Act by a child aged under 16 must be set out:\n (a) on a form that contains no other application; or\n (b) on a form that also contains an application by 1 responsible parent of the child.\n (2B) However, subsection (2A) does not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed under paragraph (1AA)(a) of this section; and\n (b) contains the information prescribed under paragraph (1AA)(b) of this section.\n Remission, refund or waiver of fees\n (3) The regulations may make provision for and in relation to the remission, refund or waiver of any fees of a kind referred to in paragraph (1)(d).\n\n#### 47 Notification of decisions\n\n (1) If the Minister makes a decision under this Act in relation to a person, the Minister must give the person notice of the decision.\n Child\n (2) If the person is a child, the Minister satisfies the requirement in subsection (1) if the Minister gives a parent of the child notice of the decision.\n Reasons for adverse decision\n (3) If the decision is an adverse decision, the notice must include the reasons for the decision.\n Form of notice\n (4) The Minister must give the notice in the manner prescribed by the regulations (which includes electronic form).\n Procedural defect does not affect validity of decision\n (5) A failure to comply with subsection (3) or (4) does not affect the validity of the decision.\n\n#### 48 Computerised decision‑making\n\n Computer‑based decisions\n (1) The Minister may, by writing, arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under this Act or the regulations:\n (a) make a decision; or\n (b) exercise any power or comply with any obligation; or\n (c) do anything else related to making a decision or exercising a power or complying with an obligation.\n (2) The Minister is taken to have:\n (a) made a decision; or\n (b) exercised a power or complied with an obligation; or\n (c) done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;\n that was made, exercised, complied with or done by the operation of a computer program under such an arrangement.\n Minister may substitute his or her own decision\n (3) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under such an arrangement if:\n (a) a notice under section 49 relates to the computer program and to the initial decision; and\n (b) the notice states that the computer program was not functioning correctly; and\n (c) the substituted decision could have been made under the same provision of this Act or the regulations as the initial decision; and\n (d) the substituted decision is more favourable to the applicant.\n (4) The Minister does not have a duty to consider whether to exercise the power under subsection (3) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (5) Subsection (3) has effect despite any law of the Commonwealth, or any rule of common law, to the contrary effect.\n Exceptions\n (5A) This section does not apply in relation to anything done under Subdivision C of Division 3 of Part 2 (citizenship cessation).\n Arrangement not a legislative instrument\n (6) An arrangement under subsection (1) is not a legislative instrument.\n\n#### 49 Evidence of whether computer program is functioning correctly\n\n Issue of notices\n (1) In citizenship proceedings, a notice signed by an authorised person stating whether or not a specified computer program was functioning correctly:\n (a) at a specified time or during a specified period; and\n (b) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 48(1);\n is prima facie evidence of the matters stated in the notice.\n Ministerial authorisations\n (2) The Minister may, by writing, authorise a person to issue notices under this section.\n (3) The Minister may, by legislative instrument, authorise a class of persons to issue notices under this section.\n Definitions\n (4) In this section:\n\n> authorised person means:\n\n (a) an APS employee in the Department; or\n (b) a person authorised under subsection (2) to issue notices under this section; or\n (c) any person who is included in a class of persons authorised under subsection (3) to issue notices under this section.\n\n> citizenship proceedings means:\n\n (a) proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or\n (b) proceedings that relate to an application for review under section 52.\n\n> functioning correctly: a computer program is functioning correctly if:\n\n (a) outcomes from its operation comply with this Act and the regulations; and\n (b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.\n\n#### 50 False statements or representations\n\n (1) A person commits an offence if:\n (a) the person makes, or causes or permits to be made, a representation or statement; and\n (b) the person does so knowing that the representation or statement is false or misleading in a material particular; and\n (c) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n (2) A person commits an offence if:\n (a) the person conceals, or causes or permits to be concealed, a material circumstance; and\n (b) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n#### 51 Geographical jurisdiction for offences\n\n Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act.\n\n#### 51A Things seized under Crimes Act search warrant and information about such things\n\n (1) This section applies to the following:\n (a) a thing seized (warrant material) under a search warrant issued under Division 2 of Part 1AA of the Crimes Act 1914;\n (b) information (warrant information) that is about, or obtained from, warrant material.\n (2) A constable or Commonwealth officer who, under subsection 3ZQU(1) of the Crimes Act 1914, may use or make available warrant material, is authorised to make available warrant material or warrant information:\n (a) to a person covered by subsection (4); and\n (b) for a purpose mentioned in subsection (3).\n (3) A person covered by subsection (4) is authorised to receive and use warrant material and warrant information, or make it available to another person covered by subsection (4), for the following purposes:\n (a) making a decision, or assisting in making a decision, to approve or refuse to approve a person becoming an Australian citizen;\n (b) making a decision, or assisting in making a decision, to revoke a person’s Australian citizenship;\n (c) making a decision, or assisting in making a decision, to cancel an approval given to a person under section 24.\n\n> Note: Subsection 3ZQU(4) of the Crimes Act 1914 contemplates that another law of the Commonwealth may require or authorise the use or making available of a document or other thing to persons, or for purposes, in addition to those listed in subsection 3ZQU(1) of that Act.\n\n (4) The following persons are covered by this subsection:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department whose duties include making decisions, or assisting in making decisions, in relation to Australian citizenship.\n\n#### 51B Reports to Parliament\n\n (1) As soon as practicable after a reporting period ends, the Minister must table a report in each House of the Parliament that sets out the number of applications made under section 36D to which both of the following apply:\n (a) the applications were made during the reporting period to which the report relates or during an earlier reporting period;\n (b) the applications relate to persons who, during the reporting period to which the report relates, were convicted and sentenced for one or more serious offences.\n (2) The report must not contain information, or content of a document, if:\n (a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010); or\n (b) the disclosure of the information or content would or might prejudice:\n (i) the security, defence or international relations of Australia; or\n (ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions; or\n (c) the disclosure of the information or content would or might endanger a person’s safety; or\n (d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.\n (3) In this section:\n\n> reporting period means:\n\n (a) the period of 12 months beginning on the day the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 commences; or\n (b) each subsequent 12‑month period.\n\n#### 52 Review of decisions\n\n (1) An application may be made to the Administrative Review Tribunal for review of the following decisions:\n (a) a decision under section 17 to refuse to approve a person becoming an Australian citizen;\n (aa) a decision under section 19D to refuse to approve a person becoming an Australian citizen;\n (b) a decision under section 24 to refuse to approve a person becoming an Australian citizen;\n (c) a decision under section 25 to cancel an approval given to a person under section 24;\n (d) a decision under section 30 to refuse to approve a person becoming an Australian citizen again;\n (e) a decision under section 33 to refuse to approve a person renouncing his or her Australian citizenship, except a refusal because of the operation of subsection 33(5) (about war);\n (f) a decision under section 34 or subsection 36(1) to revoke a person’s Australian citizenship;\n (g) a decision under section 37 to refuse to give a person a notice stating that the person is an Australian citizen at a particular time.\n Citizenship by conferral decision\n (2) However, if:\n (a) the Minister makes a decision under section 24 to refuse to approve a person becoming an Australian citizen; and\n (b) the Minister’s reasons for the decision did not refer to the eligibility ground in subsection 21(8) (about statelessness); and\n (c) the person was aged 18 or over at the time the person made the application to become an Australian citizen;\n a person (the applicant) cannot apply for review of that decision unless the applicant is a permanent resident.\n (3) For the purposes of the Administrative Review Tribunal reviewing a decision of a kind referred to in paragraph (1)(b):\n (a) the Tribunal must not exercise the power under subsection 22A(1A) or 22B(1A); and\n (b) the Tribunal must not review any exercise of the power or any failure to exercise the power.\n\n#### 53 Delegation\n\n (1) The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act or the regulations.\n (2) However, subsection (1) does not apply in relation to the function under subsection 23A(1) (about approval of citizenship test) or the power under section 36D (about application for citizenship cessation order).\n\n#### 54 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":24},{"sectionNumber":"15A","sectionType":"section","heading":"Simplified outline","content":"#### 15A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 2 situations:\n\n• you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth: see subsection 16(2); or\n\n• you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949: see subsection 16(3).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 17(3); or\n\n• national security: see subsections 17(4) to (4B); or\n\n• cessation of citizenship: see subsection 17(5).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\nYou 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.","sortOrder":25},{"sectionNumber":"16","sectionType":"section","heading":"Application and eligibility for citizenship","content":"#### 16 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Persons born outside Australia on or after 26 January 1949\n (2) A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person was an Australian citizen at the time of the birth; and\n (b) if the parent was an Australian citizen under this Subdivision or Subdivision AA, or section 10B, 10C or 11 of the old Act (about citizenship by descent), at the time of the birth:\n (i) the parent has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the person made the application; or\n (ii) the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n Persons born outside Australia or New Guinea before 26 January 1949\n (3) A person born outside Australia or New Guinea before 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person became an Australian citizen on 26 January 1949; and\n (b) the parent was born in Australia or New Guinea or was naturalised in Australia before the person’s birth; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Minister’s decision","content":"#### 17 Minister’s decision\n\n (1) If a person makes an application under section 16, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n (2) Subject to this section, the Minister must approve the person becoming an Australian citizen if the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 16, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) at the time of the person’s birth, the person had a parent who was an Australian citizen.\n Cessation of citizenship\n (5) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"Registration","content":"#### 18 Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.","sortOrder":28},{"sectionNumber":"19","sectionType":"section","heading":"Day citizenship begins","content":"#### 19 Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.","sortOrder":29},{"sectionNumber":"19A","sectionType":"section","heading":"When a person does not become a citizen despite the Minister’s approval","content":"#### 19A When a person does not become a citizen despite the Minister’s approval\n\n Despite section 19, a person does not become an Australian citizen under this Subdivision, even if the Minister approves the person becoming an Australian citizen, unless:\n (a) if the person was born on or after 26 January 1949—a parent of the person was an Australian citizen at the time of the person’s birth; or\n (b) if the person was born before 26 January 1949—a parent of the person became an Australian citizen on 26 January 1949.","sortOrder":30},{"sectionNumber":"Subdivision AA","sectionType":"subdivision","heading":"Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement","content":"An Act relating to Australian citizenship\n\nPreamble\n\n The Parliament recognises that 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.\n The Parliament recognises that persons conferred Australian citizenship enjoy these rights and undertake to accept these obligations:\n (a) by pledging loyalty to Australia and its people; and\n (b) by sharing their democratic beliefs; and\n (c) by respecting their rights and liberties; and\n (d) by upholding and obeying the laws of Australia.\n\nThe Parliament of Australia enacts:\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Citizenship Act 2007.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

15 March 2007

2. Sections 2A to 54

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01653)

3. Schedule 1

At the same time as the provisions covered by table item 2.

1 July 2007

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 2A Simplified outline\n\n The following is a simplified outline of this Act:\n\nWhat this Act covers\n\nThis Act sets out how you become an Australian citizen, the circumstances in which you may cease to be a citizen and some other matters related to citizenship.\n\nBecoming an Australian citizen\n\nThere are a range of ways you can become an Australian citizen.\n\nAcquiring citizenship automatically\n\nGenerally, you become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born.\n\nThere are some other, less common, ways of automatically becoming a citizen.\n\nDivision 1 of Part 2 has details about acquiring citizenship automatically.\n\nAlso, if you were a citizen under the old Act immediately before the day that this section commences, you will continue to be a citizen: see subsection 4(1).\n\nAcquiring citizenship by application\n\nThe other way to become an Australian citizen is to apply to the Minister. This is covered by Division 2 of Part 2\\. There are 4 situations in which you can apply for citizenship.\n\nThe first is citizenship by descent. Generally, you would apply for this if you were born outside Australia and one or both of your parents were Australian citizens when you were born. Citizenship by descent is covered by Subdivision A.\n\nThe second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA.\n\nThe third is citizenship by conferral. Generally, you would need to be a permanent resident and willing to make a pledge of commitment to apply for citizenship by conferral. You may need to successfully complete a citizenship test. There are some less common circumstances in which you can apply for citizenship by conferral. Citizenship by conferral is covered by Subdivision B.\n\nThe fourth is resuming citizenship. In certain cases where you previously ceased to be an Australian citizen, you can apply for your citizenship to resume. Resuming citizenship is covered by Subdivision C.\n\nThe Minister must be satisfied of your identity for you to acquire citizenship by application. Rules about identification are in Division 5 of Part 2.\n\nThe Minister may be required to refuse your application on national security grounds.\n\nCeasing to be an Australian citizen\n\nThere are a number of ways that you can cease to be an Australian citizen.\n\nYou can renounce your citizenship.\n\nIf you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances.\n\nThere are some other, less common, ways of ceasing to be a citizen.\n\nDivision 3 of Part 2 has details about ceasing to be a citizen.\n\nEvidence that a person is an Australian citizen\n\nYou can apply to the Minister for evidence of your Australian citizenship. This is covered by Division 4 of Part 2.\n\n#### 3 Definitions\n\n In this Act:\n\n> adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> artificial conception procedure includes:\n\n (a) artificial insemination; and\n (b) the implantation of an embryo in the body of a woman.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian citizen has the meaning given by section 4.\n\n> Australian law means a law of the Commonwealth, a State or a Territory.\n\n> bogus document has the same meaning as in subsection 5(1) of the Migration Act 1958.\n\n> child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:\n\n (a) an adopted child, stepchild or exnuptial child of the person;\n (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n\n> citizenship law means:\n\n (a) this Act; and\n (b) the regulations; and\n (c) any legislative instrument made under this Act or the regulations.\n\n> commencement day means the day on which sections 2A to 54 (as originally enacted) commence.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> disclose, in relation to identifying information that is a personal identifier provided under Division 5 of Part 2, includes provide unauthorised access to the personal identifier.\n\n> Note: Section 42 deals with authorised access to identifying information.\n\n> entrusted person means:\n\n (a) the Secretary of the Department; or\n (b) an APS employee in the Department; or\n (c) a person engaged under section 74 of the Public Service Act 1999 by the Secretary of the Department; or\n (d) a person engaged by the Commonwealth, the Minister, the Secretary of the Department, or by an APS employee in the Department, to do work for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act.\n\n> Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> foreign law means a law of a foreign country.\n\n> identifying information means the following:\n\n (a) any personal identifier provided under Division 5 of Part 2;\n (b) any meaningful identifier derived from any such personal identifier;\n (c) any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier;\n (d) any other information derived from:\n (i) any such personal identifier; or\n (ii) any meaningful identifier derived from any such personal identifier; or\n (iii) any record of a kind referred to in paragraph (c);\n that could be used to discover a particular person’s identity or to get information about a particular person.\n\n> national security offence means:\n\n (b) an offence against Division 72 of the Criminal Code; or\n (c) an offence against Part 5.1 of the Criminal Code (treason and related offences) other than section 83.4 (interference with political rights and duties); or\n (ca) an offence against Division 91 of the Criminal Code (espionage); or\n (cb) an offence against Part 5.3 or 5.3A (terrorism), or 5.3B (prohibited hate groups), of the Criminal Code; or\n (d) an offence against the Australian Security Intelligence Organisation Act 1979; or\n (e) an offence against the Intelligence Services Act 2001; or\n (f) an offence covered by a determination in force under section 6A.\n\n> New Guinea:\n\n (a) has the same meaning as the Territory of New Guinea had in the Papua New Guinea Act 1949 immediately before 16 September 1975; and\n (b) in relation to any time before 4 June 1969—includes a reference to the Island of Nauru.\n\n> old Act means the Australian Citizenship Act 1948 as in force at any time before the commencement day.\n\n> ordinarily resident: a person is taken to be ordinarily resident in a country if and only if:\n\n (a) he or she has his or her home in that country; or\n (b) that country is the country of his or her permanent abode even if he or she is temporarily absent from that country.\n However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.\n\n> Papua has the same meaning as the Territory of Papua had in the Papua New Guinea Act 1949 immediately before 16 September 1975.\n\n> permanent resident has the meaning given by section 5.\n\n> permanent visa has the same meaning as in the Migration Act 1958.\n\n> personal identifier has the meaning given by section 10.\n\n> prison includes any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon the person because of that conviction.\n\n> psychiatric institution includes a psychiatric section of a hospital.\n\n> qualified security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> responsible parent has the meaning given by section 6.\n\n> serious offence has the meaning given by subsection 36C(3).\n\n> serious prison sentence means a sentence of imprisonment for a period of at least 12 months.\n\n> serious repeat offender: a person is a serious repeat offender in relation to a serious prison sentence if the sentence was imposed on the person for an offence committed by the person at a time after the person ceased to be confined in prison because of the imposition of another serious prison sentence.\n\n> special category visa has the same meaning as in the Migration Act 1958.\n\n> special purpose visa has the same meaning as in the Migration Act 1958.\n\n> Stateless Persons Convention means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954 \\[1974\\] ATS 20.\n\n> Note: The text of the Convention is set out in Australian Treaty Series 1974 No. 20\\. In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person’s stepchild except that the person is not legally married to the person’s de facto partner.\n\n> unlawful non‑citizen has the same meaning as in the Migration Act 1958.\n\n> visa has the same meaning as in the Migration Act 1958.\n\n#### 4 Australian citizen\n\n (1) For the purposes of this Act, Australian citizen means a person who:\n (a) is an Australian citizen under Division 1 or 2 of Part 2; or\n (b) satisfies both of the following:\n (i) the person was an Australian citizen under the Australian Citizenship Act 1948 immediately before the commencement day;\n (ii) the person has not ceased to be an Australian citizen under this Act.\n Citizenship under the old Act\n (2) If, under this Act, it is necessary to work out if a person was an Australian citizen at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 5 Permanent resident\n\n (1) For the purposes of this Act, a person is a permanent resident at a particular time if and only if:\n (a) the person is present in Australia at that time and holds a permanent visa at that time; or\n (b) both:\n (i) the person is not present in Australia at that time and holds a permanent visa at that time; and\n (ii) the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia; or\n (c) the person is covered by a determination in force under subsection (2) at that time.\n (2) The Minister may, by legislative instrument, determine that:\n (a) persons who hold a special category visa or a special purpose visa; or\n (b) persons who have held a special category visa; or\n (c) persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands;\n and who satisfy specified requirements are, or are during a specified period, persons to whom this subsection applies.\n Permanent resident under the old Act\n (3) If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 6 Responsible parent\n\n (1) For the purposes of this Act, a person is a responsible parent in relation to a child if and only if:\n (a) the person is a parent of the child except where, because of orders made under the Family Law Act 1975, the person no longer has any parental responsibility for the child; or\n (b) under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or\n (c) under a parenting order the person has parental responsibility for the child’s long‑term or day‑to‑day care, welfare and development (whether or not the person is a parent of the child); or\n (d) the person (whether or not a parent of the child) has guardianship or custody of the child, jointly or otherwise, under an Australian law or a foreign law, whether because of adoption, operation of law, an order of a court or otherwise.\n (1A) In paragraph (1)(a):\n\n> parental responsibility has the same meaning as in Part VII of the Family Law Act 1975.\n\n (2) Expressions used in paragraphs (1)(b) and (c) have the same meaning as in the Family Law Act 1975.\n\n#### 6A National security offences\n\n (1) The Minister may, by legislative instrument, determine that:\n (a) an offence against a specified provision of a specified Australian law or a specified foreign law; or\n (b) an offence against an Australian law or a foreign law involving specified conduct;\n is a national security offence for the purposes of paragraph (f) of the definition of national security offence in section 3.\n (2) A determination under subsection (1) applies in relation to:\n (a) applications made under this Act after the determination takes effect; and\n (b) applications made under this Act before the determination takes effect that have not been decided before the determination takes effect.\n\n#### 7 Children born on ships or aircraft or after death of parent\n\n Persons born on ships or aircraft\n (1) For the purposes of this Act:\n (a) a person born on a ship or aircraft registered in Australia or a foreign country is taken to have been born at the place at which the ship or aircraft is registered; and\n (b) a person born on a ship or aircraft not registered in Australia or a foreign country and belonging to the government of a country is taken to have been born in that country.\n Persons born after death of parent\n (2) For the purposes of this Act, the status of a parent of a person at the time of the person’s birth is, for a parent who died before the birth, taken to be the status of the parent when the parent died.\n\n#### 8 Children born as a result of artificial conception procedures or surrogacy arrangements\n\n (1) This section applies if a child is:\n (a) a child of a person under section 60H or 60HB of the Family Law Act 1975; and\n (b) either:\n (i) a child of the person’s spouse or de facto partner under that section; or\n (ii) a biological child of the person’s spouse or de facto partner.\n (2) The child is taken for the purposes of this Act:\n (a) to be the child of the person and the spouse or de facto partner; and\n (b) not to be the child of anyone else.\n\n#### 9 Confinement in prison or psychiatric institution\n\n Confinement in prison\n (1) For the purposes of this Act, the period during which a person is confined to a prison includes a period:\n (a) during which the person is an escapee from the prison; or\n (b) during which the person is undergoing a sentence of periodic detention in the prison.\n (2) For the purposes of this Act, the period during which a person is confined to a prison does not include a period during which the person has been so confined by reason only of the person serving a sentence relating to a conviction that is later quashed.\n Confinement in psychiatric institution\n (3) For the purposes of this Act, the period during which a person is confined in a psychiatric institution by order of a court includes a period during which the person is an escapee from the institution.\n\n#### 10 Personal identifiers\n\n (1) For the purposes of this Act, a personal identifier is any of the following (including any of the following in digital form):\n (a) fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies);\n (b) a measurement of a person’s height and weight;\n (c) a photograph or other image of a person’s face;\n\nNote: See section 10A.\n\n (d) an iris scan;\n (e) a person’s signature;\n (f) any other identifier prescribed by the regulations (except an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914).\n (2) Before the Governor‑General makes regulations for the purposes of paragraph (1)(f) prescribing an identifier, the Minister must be satisfied that:\n (a) obtaining the identifier would not involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914; and\n (b) the identifier is an image of, or a measurement or recording of, an external part of the body; and\n (c) obtaining the identifier is necessary for either or both of the following purposes:\n (i) assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2 or seeking to sit a test approved in a determination under section 23A;\n (ii) combating document and identity fraud in citizenship matters;\n\n#### 10A References to photograph or other image of person’s face\n\n A reference in the citizenship law to a photograph or other image of a person’s face includes a reference to a photograph or other image of:\n (a) the person’s face and all or part of the person’s neck; or\n (b) the person’s face and neck and all or part of the person’s shoulders.\n\n#### 10B Providing photographs and other images of faces to the Minister or authorised persons\n\n (1) This section applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to the Minister; and\n (b) for the purposes of that requirement:\n (i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (2) This section also applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to a person mentioned in paragraph 40(1)(d) or (e); and\n (b) for the purposes of that requirement:\n (i) the person provides to a person mentioned in paragraph 40(1)(d) or (e) (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (3) For the purposes of the citizenship law, the person is taken to provide the derived image to the recipient for the purposes of the requirement mentioned in paragraph (1)(a) or (2)(a) of this section.\n\n#### 11 Operation of Act\n\n External Territories\n (1) This Act extends to the external Territories.\n Application outside Australia\n (2) This Act extends unless the contrary intention appears:\n (a) to acts, omissions, matters and things outside Australia; and\n (b) to all persons, irrespective of their nationality or citizenship.\n State and Territory laws\n (3) It is the intention of the Parliament that this Act apply to the exclusion of any provisions of a law of a State or Territory that provide for Australian citizenship (whether the law was made before or after the commencement day).\n\n## Part 2—Australian citizenship\n\n### Division 1—Automatic acquisition of Australian citizenship\n\n#### 11A Simplified outline\n\n The following is a simplified outline of this Division:\n\nThe most common way you become an Australian citizen under this Division is by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of your birth.\n\nThere are some other, less common, ways of becoming an Australian citizen under this Division. These cover:\n\n• citizenship by being born in Australia and by being ordinarily resident in Australia for the next 10 years: see section 12; and\n\n• citizenship by adoption: see section 13; and\n\n• citizenship for abandoned children: see section 14; and\n\n• citizenship by incorporation of territory: see section 15.\n\n#### 12 Citizenship by birth\n\n (1) A person born in Australia is an Australian citizen if and only if:\n (a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or\n (b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.\n Enemy occupation\n (2) However, a person is not an Australian citizen under this section if, at the time the person is born:\n (a) a parent of the person is an enemy alien; and\n (b) the place of the birth is under occupation by the enemy;\n unless, at that time, the other parent of the person:\n (c) is an Australian citizen or a permanent resident; and\n (d) is not an enemy alien.\n\n#### 13 Citizenship by adoption\n\n A person is an Australian citizen if the person is:\n (a) adopted under a law in force in a State or Territory; and\n (b) adopted by a person who is an Australian citizen at the time of the adoption or by 2 persons jointly at least one of whom is an Australian citizen at that time; and\n (c) present in Australia as a permanent resident at that time.\n\n#### 14 Citizenship for abandoned children\n\n A person is an Australian citizen if the person is found abandoned in Australia as a child, unless and until the contrary is proved.\n\n#### 15 Citizenship by incorporation of Territory\n\n (1) A person is an Australian citizen if:\n (a) any territory becomes a part of Australia; and\n (b) the person is included in a class of persons specified in a determination under this section.\n Determination\n (2) The Minister may, by legislative instrument, determine that specified classes of persons are Australian citizens from a specified day because of their connection with that territory.\n Day citizenship begins\n (3) The person becomes an Australian citizen on that day.\n Retrospective application of instruments\n (4) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the instrument.\n\n### Division 2—Acquisition of Australian citizenship by application\n\n#### Subdivision A—Citizenship by descent\n\n#### 15A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 2 situations:\n\n• you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth: see subsection 16(2); or\n\n• you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949: see subsection 16(3).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 17(3); or\n\n• national security: see subsections 17(4) to (4B); or\n\n• cessation of citizenship: see subsection 17(5).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\nYou 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.\n\n#### 16 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Persons born outside Australia on or after 26 January 1949\n (2) A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person was an Australian citizen at the time of the birth; and\n (b) if the parent was an Australian citizen under this Subdivision or Subdivision AA, or section 10B, 10C or 11 of the old Act (about citizenship by descent), at the time of the birth:\n (i) the parent has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the person made the application; or\n (ii) the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n Persons born outside Australia or New Guinea before 26 January 1949\n (3) A person born outside Australia or New Guinea before 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person became an Australian citizen on 26 January 1949; and\n (b) the parent was born in Australia or New Guinea or was naturalised in Australia before the person’s birth; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 17 Minister’s decision\n\n (1) If a person makes an application under section 16, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n (2) Subject to this section, the Minister must approve the person becoming an Australian citizen if the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 16, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) at the time of the person’s birth, the person had a parent who was an Australian citizen.\n Cessation of citizenship\n (5) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 18 Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19 Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### 19A When a person does not become a citizen despite the Minister’s approval\n\n Despite section 19, a person does not become an Australian citizen under this Subdivision, even if the Minister approves the person becoming an Australian citizen, unless:\n (a) if the person was born on or after 26 January 1949—a parent of the person was an Australian citizen at the time of the person’s birth; or\n (b) if the person was born before 26 January 1949—a parent of the person became an Australian citizen on 26 January 1949.\n\n#### Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n\n#### 19B Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia by at least one Australian citizen in accordance with:\n\n(a) the Hague Convention on Intercountry Adoption; or\n\n(b) a bilateral arrangement.\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 19D(4); or\n\n• national security: see subsections 19D(5) to (7A); or\n\n• cessation of citizenship: see subsection 19D(8).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\n#### 19C Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Eligibility\n (2) A person (the applicant) is eligible to become an Australian citizen if:\n (a) the applicant is adopted in a Convention country or a prescribed overseas jurisdiction by:\n (i) a person (the adopter) who is an Australian citizen at time of the adoption; or\n (ii) 2 persons jointly, only one of whom (the adopter) is an Australian citizen at the time of the adoption; or\n (iii) 2 persons jointly, both of whom (the adopters) are Australian citizens at the time of the adoption; and\n (b) an adoption compliance certificate issued in that country is in force for the adoption; and\n (c) under the Intercountry Adoption regulations or the Bilateral Arrangements regulations, as applicable, the adoption is recognised and effective for the laws of the Commonwealth and each State and Territory; and\n (d) the legal relationship between the applicant and the individuals who were, immediately before the adoption, the applicant’s parents has been terminated; and\n (e) if subparagraph (a)(i) or (ii) applies and the adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—the adopter satisfies subsection (3); and\n (f) if subparagraph (a)(iii) applies and each adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—either or both of the adopters satisfy subsection (3); and\n (g) if the applicant is aged 18 or over at the time the applicant made the application—the Minister is satisfied that the applicant is of good character at the time of the Minister’s decision on the application.\n (3) An adopter satisfies this subsection if the adopter has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the applicant made the application.\n Definitions\n (4) In this section:\n\n> adoption compliance certificate:\n\n (a) for an adoption in accordance with the Hague Convention on Intercountry Adoption—has the same meaning as in the Intercountry Adoption regulations; and\n (b) for an adoption in accordance with a bilateral arrangement—has the same meaning as in the Bilateral Arrangements regulations.\n\n> Bilateral Arrangements regulations means prescribed regulations made under the Family Law Act 1975.\n\n> Convention country has the same meaning as in the Intercountry Adoption regulations.\n\n> Intercountry Adoption regulations means prescribed regulations made under the Family Law Act 1975.\n\n> prescribed overseas jurisdiction has the same meaning as in the Bilateral Arrangements regulations.\n\n#### 19D Minister’s decision\n\n (1) If a person makes an application under section 19C, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (2) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 19C(2).\n (3) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 19C(2).\n Identity\n (4) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (5) If the person is not covered by subsection (7), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (6) If the person is covered by subsection (7), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (7)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7A), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (7)(b)(ii) applies to the person—has been convicted of a national security offence.\n (7) A person is covered by this subsection if:\n (a) at the time the person made the application under section 19C, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7A) The Minister may decide that subparagraph (6)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n Cessation of citizenship\n (8) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 19E Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19F Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### Subdivision B—Citizenship by conferral\n\n#### 19G Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 7 situations:\n\n• you satisfy the general eligibility criteria and have successfully completed a citizenship test: see subsections 21(2) and (2A); or\n\n• you have a permanent or enduring physical or mental incapacity: see subsection 21(3); or\n\n• you are aged 60 or over or have a hearing, speech or sight impairment: see subsection 21(4); or\n\n• you are aged under 18: see subsection 21(5); or\n\n• you were born to a former Australian citizen: see subsection 21(6); or\n\n• you were born in Papua: see subsection 21(7); or\n\n• you are a stateless person: see subsection 21(8).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 24(3); or\n\n• national security: see subsections 24(4) to (4C); or\n\n• non‑presence in Australia: see subsection 24(5); or\n\n• offences: see subsection 24(6); or\n\n• cessation of citizenship: see subsection 24(7).\n\nYou may need to make a pledge of commitment to become an Australian citizen.\n\n#### 20 Requirements for becoming a citizen\n\n A person becomes an Australian citizen under this Subdivision if:\n (a) the Minister decides under subsection 24(1) to approve the person becoming an Australian citizen; and\n (b) if the person is required to make a pledge of commitment to become an Australian citizen—the person makes that pledge.\n\n> Note: Sections 21 to 25 deal with the Minister approving the person becoming an Australian citizen. Sections 26 and 27 deal with the making of a pledge of commitment.\n\n#### 21 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note 1: Subsections (2) to (8) deal with eligibility.\n\n> Note 2: Section 46 sets out application requirements (which may include the payment of a fee).\n\n General eligibility\n (2) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) understands the nature of an application under subsection (1); and\n (e) possesses a basic knowledge of the English language; and\n (f) has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship; and\n (g) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (h) is of good character at the time of the Minister’s decision on the application.\n (2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if the Minister is satisfied that the following apply:\n (a) the person has sat a test approved in a determination under section 23A;\n (b) the person was eligible to sit that test (worked out in accordance with that determination);\n (c) the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination;\n (d) the person successfully completed that test (worked out in accordance with that determination) within the relevant test period.\n Permanent or enduring physical or mental incapacity\n (3) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) has a permanent or enduring physical or mental incapacity, at the time the person made the application, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged 60 or over or has hearing, speech or sight impairment\n (4) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is:\n (i) aged 60 or over at the time the person made the application; or\n (ii) aged 18 or over at the time the person made the application and is suffering from a permanent loss or substantial impairment of hearing, speech or sight at that time; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) understands the nature of the application at the time the person made the application; and\n (d) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged under 18\n (5) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged under 18 at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application.\n Person born to former Australian citizen\n (6) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born outside Australia; and\n (b) a parent of the person was not an Australian citizen at the time of the person’s birth; and\n (c) the parent had ceased to be an Australian citizen under section 17 of the old Act (about dual citizenship) before that time; and\n (d) if the person is aged 18 or over at the time the person made the application—the person is of good character at the time of the Minister’s decision on the application.\n Person born in Papua\n (7) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Papua before 16 September 1975; and\n (b) a parent of the person was born in Australia (within the meaning of this Act at the time the person made the application); and\n (c) the parent was an Australian citizen at the time of the person’s birth; and\n (d) the person is of good character at the time of the Minister’s decision on the application.\n Statelessness\n (8) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Australia; and\n (b) the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (c) the person has:\n (i) never been a national of any country; and\n (ii) never been a citizen of any country; and\n (d) the person:\n (i) is not entitled to acquire the nationality of a foreign country; and\n (ii) is not entitled to acquire the citizenship of a foreign country.\n\n#### 22 General residence requirement\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:\n (a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and\n (b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and\n (c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.\n Overseas absences\n (1A) If:\n (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 12 months;\n then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.\n (1B) If:\n (a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 90 days; and\n (c) the person was a permanent resident during each period of absence;\n then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.\n Confinement in prison or psychiatric institution\n (1C) Subject to subsection (5A), the person is taken not to satisfy paragraph (1)(a) if, at any time during the 4 year period mentioned in that paragraph, the person was:\n (a) confined in a prison; or\n (b) 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.\n Partial exemption—person born in Australia or former Australian citizen\n (2) Paragraphs (1)(a) and (b) do not apply if the person:\n (a) was born in Australia; or\n (b) was an Australian citizen at any time before the person made the application.\n Ministerial discretion—administrative error\n (4A) For the purposes of paragraph (1)(b), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n (5) 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 the Minister considers the person was present in Australia during that period but, because of an administrative error, was not a permanent resident during that period.\n Ministerial discretion—confinement in prison or psychiatric institution\n (5A) The Minister may decide that subsection (1C) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—person in Australia would suffer significant hardship or disadvantage\n (6) 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:\n (a) the person was present in Australia during that period (except as a permanent resident or an unlawful non‑citizen); and\n (b) the Minister is satisfied that the person will suffer significant hardship or disadvantage if that period were not treated as one during which the person was present in Australia as a permanent resident.\n Ministerial discretion—spouse, de facto partner or surviving spouse or de facto partner of Australian citizen\n (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, the Minister may treat a period as one in which the person was present in Australia as a permanent resident if:\n (a) the person was a spouse or de facto partner of that Australian citizen during that period; and\n (b) the person was not present in Australia during that period; and\n (c) the person was a permanent resident during that period; and\n (d) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n (10) In subsection (9):\n\n> 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.\n\n Ministerial discretion—person in an interdependent relationship\n (11) If, at the time the person made the application, the person:\n (a) holds a permanent visa granted to the person because the person was in an interdependent relationship with an Australian citizen; and\n (b) is in that interdependent relationship;\n then, 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:\n (c) the person held that visa during that period and the person was in that interdependent relationship during that period; and\n (d) the person was not present in Australia during that period; and\n (e) the person was a permanent resident during that period; and\n (f) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n\n#### 22A Special residence requirement—persons engaging in activities that are of benefit to Australia\n\n (1) Subject to this section, for the purposes of section 21 a person (the applicant) satisfies the special residence requirement if:\n (a) the following apply:\n (i) the applicant is seeking to engage in an activity specified under subsection 22C(1);\n (ii) the applicant’s engagement in that activity would be of benefit to Australia;\n (iii) the applicant needs to be an Australian citizen in order to engage in that activity;\n (iv) in order for the applicant to engage in that activity, there is insufficient time for the applicant to satisfy the general residence requirement (see section 22); and\n (b) the head of an organisation specified under subsection 22C(2), or a person whom the Minister is satisfied holds a senior position in that organisation, has given the Minister a notice in writing stating that the applicant has a reasonable prospect of being engaged in that activity; and\n (c) the applicant was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the applicant made the application; and\n (d) the applicant was present in Australia for a total of at least 90 days during the period of 12 months immediately before the day the applicant made the application; and\n (e) the applicant was ordinarily resident in Australia throughout the period of 2 years immediately before the day the applicant made the application; and\n (f) the applicant was a permanent resident for the period of 2 years immediately before the day the applicant made the application; and\n (g) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 2 years immediately before the day the applicant made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the applicant if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the applicant; and\n (b) the Minister is satisfied that the applicant satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (c) the applicant was a permanent resident throughout the period of 90 days immediately before the day the applicant made the application; and\n (d) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the applicant made the application; and\n (e) the applicant has given the Minister an undertaking in a form approved by the Minister under subsection (8); and\n (f) the applicant has declared, in the undertaking, that:\n (i) if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection, the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and\n (ii) the applicant understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the applicant, then, for the purposes of section 21, the applicant is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the applicant is taken not to satisfy paragraph (1)(c) if, at any time during the 2 year period mentioned in that paragraph, the applicant was:\n (a) confined in a prison; or\n (b) 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 applicant.\n (3) The Minister may decide that subsection (2) does not apply in relation to the applicant if, taking into account the circumstances that resulted in the applicant’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the applicant.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(c), the Minister may treat a period as one in which the applicant was a permanent resident if the Minister considers that, because of an administrative error, the applicant was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(d), the Minister may treat a period as one in which the applicant was not present in Australia as an unlawful non‑citizen if the Minister considers the applicant was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(e).\n (9) If the applicant becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the applicant becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the activity covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that activity would be of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the applicant.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22B Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the special residence requirement if:\n (a) at the time the person made the application, the person is engaged in work of a kind specified under subsection 22C(3) and the person is required to regularly travel outside Australia because of that work; and\n (b) the following apply:\n (i) the person was engaged in that kind of work for a total of at least 2 years during the period of 4 years immediately before the day the person made the application;\n (ii) for the whole or part of that 4 year period when the person was engaged in that kind of work, the person regularly travelled outside Australia because of that work; and\n (c) the person was present in Australia for a total of at least 480 days during the period of 4 years immediately before the day the person made the application; and\n (d) the person was present in Australia for a total of at least 120 days during the period of 12 months immediately before the day the person made the application; and\n (e) the person was ordinarily resident in Australia throughout the period of 4 years immediately before the day the person made the application; and\n (f) the person was a permanent resident for the period of 12 months immediately before the day the person made the application; and\n (g) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 4 years immediately before the day the person made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the person if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the person; and\n (b) the Minister is satisfied that the person’s engagement in the kind of work concerned is of benefit to Australia; and\n (c) the Minister is satisfied that the person satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (d) the person was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the person made the application; and\n (e) the person was a permanent resident throughout the period of 90 days immediately before the day the person made the application; and\n (f) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the person made the application; and\n (g) the person has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the person becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection:\n (i) the person will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the person becomes an Australian citizen; and\n (ii) the person will be present in Australia for a total of at least 180 days during that 2‑year period; and\n (h) the person has declared, in the undertaking, that the person understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the person, then, for the purposes of section 21, the person is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the person is taken not to satisfy:\n (a) paragraph (1)(c) if, at any time during the 4‑year period mentioned in that paragraph; or\n (b) paragraph (1A)(d) if, at any time during the 2‑year period mentioned in that paragraph;\n the person was:\n (c) confined in a prison; or\n (d) 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.\n (3) The Minister may decide that subsection (2) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(e), the Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(f), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the person or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(g).\n (9) If the person becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the person becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the kind of work covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that kind of work is of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the person.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22C Special residence requirement—legislative instruments\n\n (1) The Minister may, by legislative instrument, specify activities for the purposes of subparagraph 22A(1)(a)(i).\n (2) The Minister may, by legislative instrument, specify organisations for the purposes of paragraph 22A(1)(b).\n (3) The Minister may, by legislative instrument, specify kinds of work for the purposes of paragraph 22B(1)(a).\n\n#### 23 Defence service requirement\n\n Person who has completed relevant defence service\n (1) For the purposes of section 21, a person satisfies the defence service requirement if the person has completed relevant defence service.\n Member of family unit of person who has completed relevant defence service etc.\n (2) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person has completed relevant defence service; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) the relative holds a visa of that kind because the relative is a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n (3) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person dies while undertaking service in the Permanent Forces or the Reserves; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) immediately before the death of the defence person, the relative held a visa of that kind because the relative was a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n Definitions\n (4) In this section:\n\n> member of the family unit of a person has the same meaning as in the Migration Act 1958.\n\n> Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.\n\n> relevant defence service: a person has completed relevant defence service if:\n\n (a) the person has undertaken a total of at least 90 days service in one or more of the Permanent Forces (whether or not that service was continuous); or\n (b) the person has undertaken a total of at least 90 days service on which he or she was required for, and attended and was entitled to be paid for, duty in one or more of the Reserves (whether or not that service was continuous); or\n (c) the person:\n (i) was discharged from service undertaken in one of the Permanent Forces or the Reserves as medically unfit for that service; and\n (ii) became so unfit because of service undertaken in any of the Permanent Forces or the Reserves.\n\n> Reserves means the Naval Reserve, the Army Reserve or the Air Force Reserve.\n\n> service: a person undertakes service in the Permanent Forces or the Reserves only if the person is appointed, enlisted or transferred into any of the Permanent Forces or the Reserves.\n\n> Note: For appointment, enlistment or transfer into any of the Permanent Forces or the Reserves, see the Defence Act 1903.\n\n#### 23A Citizenship test\n\n (1) The Minister must, by written determination, approve a test for the purposes of subsection 21(2A) (about general eligibility for citizenship).\n\n> Note: The test must be related to the eligibility criteria referred to in paragraphs 21(2)(d), (e) and (f).\n\n Successful completion of the test\n (2) A determination under subsection (1) must specify what amounts to successful completion of the test.\n Eligibility criteria for sitting the test\n (3) A determination under subsection (1) may set out the eligibility criteria a person must satisfy to be able to sit the test.\n\n> Note: The eligibility criteria for sitting the test cannot be inconsistent with this Act and in particular subsection 21(2) (about the general eligibility criteria for becoming an Australian citizen).\n\n (4) For the purposes of subsection (3), the determination may provide that a person is not eligible to sit the test unless the person is a permanent resident and the Minister is satisfied of the identity of the person.\n (5) Subsection (4) does not limit subsection (3).\n Period for sitting and completing the test\n (5A) A determination under subsection (1) may provide for the period within which a person must start the test and for the period within which a person must complete the test.\n Other matters\n (6) A determination under subsection (1) may cover any other matter related to the test the Minister thinks appropriate.\n Determination not a legislative instrument\n (7) A determination made under subsection (1) is not a legislative instrument.\n\n#### 24 Minister’s decision\n\n (1) If a person makes an application under section 21, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n\n> Note: The Minister may cancel an approval: see section 25.\n\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6), (7) or (8).\n (2) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6) or (7).\n (2A) If the Minister exercised the power under subsection 22A(1A) or 22B(1A) in relation to the person, the decision under subsection (1) of this section must be made by the Minister personally.\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (4B)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (4C), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (4B)(b)(ii) applies to the person—has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 21, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (4C) The Minister may decide that subparagraph (4A)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n (4D) To avoid doubt, subsection (4A) applies to a person who is eligible to become an Australian citizen under subsection 21(8).\n Person not present in Australia\n (5) If:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (aa) the Minister is satisfied that the person did not satisfy the special residence requirement referred to in section 22A or 22B; and\n (b) the Minister did not apply subsection 22(9) in relation to the person; and\n (c) the Minister did not apply subsection 22(11) in relation to the person;\n the Minister must not approve the person becoming an Australian citizen at a time when the person is not present in Australia.\n Offences\n (6) The Minister must not approve the person becoming an Australian citizen at a time:\n (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\n (b) when the person is confined to a prison in Australia; or\n (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\n (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\n (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\n (f) if the person:\n (i) has been released by a court from serving the whole or a part of a sentence of imprisonment; and\n (ii) has been so released because the person gave a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (g) if, in respect of proceedings for an offence against an Australian law in relation to the person:\n (i) a court does not impose a sentence of imprisonment on the person; and\n (ii) the court releases the person because the person gives a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (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.\n Cessation of citizenship\n (7) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n Statelessness\n (8) However, subsections (6) and (7) do not apply to a person covered by subsection 21(8) (about statelessness).\n\n#### 25 Minister may cancel approval\n\n (1) The Minister may, by writing, cancel an approval given to a person under section 24 if:\n (a) the person has not become an Australian citizen under section 28; and\n (b) either of the following 2 situations apply.\n Eligibility criteria not met\n (2) The first situation applies if:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (b) the Minister is satisfied that, at the time the Minister proposes to cancel the approval, the person is:\n (i) not a permanent resident; or\n (ii) not likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia; or\n (iii) not of good character.\n Failure to make pledge of commitment\n (3) The second situation applies if:\n (a) the person has failed to make a pledge of commitment within 12 months after the day on which the person received notice of the approval; and\n (b) the person’s reason for the failure is not one that is prescribed by the regulations for the purposes of this subsection.\n Cancellation of child’s approval\n (4) If:\n (a) a child aged under 16 makes an application under section 21 at a particular time; and\n (b) 1 or more responsible parents of the child make applications under section 21 at that time; and\n (c) the Minister decides under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens; and\n (d) the Minister cancels the approval given to each responsible parent;\n the Minister must, by writing, cancel the approval given to the child.\n Effect of cancellation\n (5) If the Minister cancels an approval given to a person, the approval is taken never to have been given.\n\n> Note: A person cannot become an Australian citizen under this Subdivision unless the Minister approves the person becoming an Australian citizen. This subsection has the effect that the person will need to make another application if the person wants to become an Australian citizen.\n\n#### 26 Pledge of commitment must be made\n\n (1) A person must make a pledge of commitment to become an Australian citizen unless the person:\n (a) is aged under 16 at the time the person made the application to become an Australian citizen; or\n (b) has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or\n (c) is covered by subsection 21(6), (7) or (8).\n\n> Note: See section 27 for how the pledge is to be made.\n\n (2) A person must not make a pledge of commitment before the Minister approves the person’s application to become an Australian citizen. A pledge of commitment made by the person before that time is of no effect.\n Delayed making of pledge\n (3) If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:\n (a) a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or\n (b) the person has been or may be charged with an offence under an Australian law.\n (4) The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.\n (5) The Minister may, by writing, revoke a determination.\n (6) If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. A pledge of commitment made by the person before that time is of no effect.\n\n#### 27 How pledge of commitment is to be made\n\n Form of pledge\n (1) A pledge of commitment must be made in accordance with either of the forms set out in Schedule 1.\n Prescribed arrangements\n (2) A pledge of commitment must be made in accordance with the arrangements prescribed by the regulations.\n\n> Note: The regulations may provide for a pledge of commitment to be made in public.\n\n Persons who may receive pledge\n (3) A pledge of commitment must be made before:\n (a) the Minister; or\n (b) a person authorised under subsection (4); or\n (c) a person who is included in a class of persons authorised under subsection (5).\n (4) The Minister may, by writing, authorise a person for the purposes of paragraph (3)(b).\n (5) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (3)(c).\n\n#### 28 Day citizenship begins etc.\n\n Persons required to make pledge of commitment\n (1) A person required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the person makes the pledge.\n Persons not required to make pledge of commitment\n (2) Subject to subsection (3), a person not required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n Applications made at the same time by child and responsible parents\n (3) Subsection (2) does not apply to a child aged under 16 at the time the child made the application to become an Australian citizen if:\n (a) 1 or more responsible parents of the child made applications under section 21 at that time; and\n (b) the Minister decided under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens.\n (4) If 1 or more of the responsible parents become Australian citizens under this section, the child becomes an Australian citizen on the first day on which a responsible parent becomes an Australian citizen.\n\n#### Subdivision C—Resuming citizenship\n\n#### 28A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you ceased to be an Australian citizen under this Act or the old Act.\n\nYou must make an application to become an Australian citizen again. The Minister must approve or refuse you becoming an Australian citizen again.\n\nYou must be eligible to be an Australian citizen again to be approved. You may be refused citizenship again even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 30(3); or\n\n• national security: see subsections 30(4) to (7).\n\nYou will be registered if the Minister approves you becoming an Australian citizen again.\n\n#### 29 Application and eligibility for resuming citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen again.\n\n> Note 1: Section 46 sets out application requirements (which may include the payment of a fee).\n\n> Note 2: The person may also apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under this Act\n (2) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 33 (about renunciation) in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (ii) section 36 (about children); and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n> Note 1: See also section 32 (which is about persons resuming their former citizenship status).\n\n> Note 2: A person who ceases to be an Australian citizen under section 34 or 34A may apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under old Act\n (3) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 17 (about dual citizenship) of the old Act; or\n (ii) section 18 (about renunciation) of the old Act in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (iii) section 20 (about residence outside Australia) of the old Act; or\n (iv) section 23 (about children) of the old Act; and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 30 Minister’s decision\n\n (1) If a person makes an application under section 29, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen again.\n (1A) The Minister must not approve the person becoming an Australian citizen again unless the person is eligible to become an Australian citizen again under subsection 29(2) or (3).\n (2) The Minister may refuse to approve the person becoming an Australian citizen again despite the person being eligible to become an Australian citizen again under subsection 29(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen again unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (5) If the person is covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again if the person:\n (a) if subparagraph (6)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (6)(b)(ii) applies to the person—has been convicted of a national security offence.\n (6) A person is covered by this subsection if:\n (a) at the time the person made the application under section 29, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7) The Minister may decide that subparagraph (5)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n\n#### 31 Registration\n\n If the Minister approves the person becoming an Australian citizen again, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 32 Day citizenship begins again etc.\n\n (1) A person becomes an Australian citizen again on the day on which the Minister approves the person becoming an Australian citizen again.\n Same kind of citizenship—former citizen under this Act\n (2) If the person, before ceasing to be an Australian citizen, was an Australian citizen under Subdivision A, AA or B, the person becomes an Australian citizen again under that Subdivision.\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n Same kind of citizenship—former citizen under old Act\n (3) If the person, before ceasing to be an Australian citizen, was an Australian citizen under the provision set out in column 2 of the following table, the person becomes an Australian citizen again under the provision set out in column 3 of the table.\n\n```html\n

Same kind of citizenship

Column 1
Item

Column 2
Provision under which person was a citizen

Column 3
Provision under which person becomes a citizen again

1

Section 10B, 10C or 11 of the old Act

Subdivision A of this Division

2

Division 2 of Part III of the old Act

Subdivision B of this Division

\n```\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n### Division 3—Cessation of Australian citizenship\n\n#### Subdivision A—Simplified outline of this Division\n\n#### 32A Simplified outline of this Division\n\n The following is a simplified outline of this Division:\n\nThere are 5 ways in which you can cease to be an Australian citizen:\n\n• you may renounce your Australian citizenship: see section 33; or\n\n• 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\n\n• 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\n\n• if you are the child of a responsible parent who ceases to be an Australian citizen, the Minister can revoke your citizenship in some situations: see section 36; or\n\n• if you are convicted of certain offences and an order is made by a court that you cease to be an Australian citizen: see Subdivision C (citizenship cessation).\n\n#### Subdivision B—Citizenship renunciation and revocation\n\n#### 33 Renunciation by application\n\n (1) A person may make an application to the Minister to renounce the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Minister’s decision\n (2) The Minister must, by writing, approve or refuse to approve the person renouncing his or her Australian citizenship.\n (3) Subject to this section, the Minister must approve the person renouncing his or her Australian citizenship if the Minister is satisfied that:\n (a) the person is aged 18 or over, and is a national or citizen of a foreign country, at the time the person made the application; or\n (b) the person was born, or is ordinarily resident, in a foreign country and is not entitled, under the law of that country, to acquire the nationality or citizenship of that country because the person is an Australian citizen.\n (4) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n (5) The Minister may refuse to approve the person renouncing his or her Australian citizenship if the person:\n (a) is a national or citizen of a foreign country at the time the person made the application; and\n (b) made the application during a war in which Australia is engaged.\n (6) The Minister must not approve the person renouncing his or her Australian citizenship if the Minister considers that it would not be in the interests of Australia to do so.\n (7) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person:\n (a) is a national or citizen of a foreign country immediately before the Minister’s decision on the application; or\n (b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval.\n Time citizenship ceases\n (8) If the Minister approves a person renouncing his or her Australian citizenship, the person ceases to be an Australian citizen at the time of the approval.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 34 Revocation by Minister—offences or fraud\n\n Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision A or AA of Division 2 (including because of the operation of section 32); and\n (b) either of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n Citizenship by conferral\n (2) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2 (including because of the operation of section 32); and\n (b) any of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person has, at any time after making the application to become an Australian citizen, been convicted of a serious offence within the meaning of subsection (5);\n (iii) the person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud within the meaning of subsection (6);\n (iv) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n (3) However, the Minister must not decide under subsection (2) to revoke a person’s Australian citizenship if:\n (a) the Minister may revoke the person’s Australian citizenship under that subsection only because of the application of subparagraph (2)(b)(ii); and\n (b) 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.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n Serious offence\n (5) For the purposes of this section, a person has been convicted of a serious offence if:\n (a) the person has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to death or to a serious prison sentence; and\n (b) the person committed the offence at any time before the person became an Australian citizen.\n Migration‑related fraud\n (6) For the purposes of this section, a person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud if and only if:\n (a) at any time, the person was convicted of an offence against:\n (i) section 234, 236 or 243, or former section 244 (as in force before its repeal by the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008), of the Migration Act 1958; or\n (ii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n that the person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the person’s entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia.\n (7) Subsection (6) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident.\n Third‑party fraud\n (8) For the purposes of this section, a person (the applicant) obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud if and only if:\n (a) at any time, another person was convicted of an offence against section 50 of this Act, or section 134.1, 135.2, 135.4, 136.1, 137.1, 137.2, 139.1, 141.1, 142.1, 142.2, 144.1, 145.1, 145.2, 145.4, 145.5 or 149.1 of the Criminal Code, that the other person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the Minister approving the applicant becoming an Australian citizen.\n Charge proved but no conviction\n (9) A reference in this section to a conviction of an offence:\n (a) in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; and\n (b) in relation to a law of a State or Territory or a foreign country—includes a reference to the making of an order under the corresponding provision of a law of the State or Territory or foreign country in relation to the offence.\n\n#### 34A Revocation by Minister—special residence requirements\n\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2; and\n (b) the person became an Australian citizen in circumstances where the Minister exercised the power under subsection 22A(1A) or 22B(1A); and\n (c) in a case in which the power was exercised under subsection 22A(1A)—the Minister is satisfied that the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; and\n (d) in a case in which the power was exercised under subsection 22B(1A)—the Minister is satisfied that:\n (i) the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; or\n (ii) the person will not be, or was not, present in Australia for a total of at least 180 days during that 2‑year period.\n (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.\n (3) The power under subsection (1) may only be exercised by the Minister personally.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 36 Children of responsible parents who cease to be citizens\n\n (1) If:\n (a) a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and\n (b) at the cessation time, the person is a responsible parent of a child aged under 18;\n then:\n (c) the Minister may, by writing, revoke the child’s Australian citizenship; and\n (d) if the Minister does so—the child ceases to be an Australian citizen at the time of the revocation.\n Exception—another responsible parent\n (2) If, at the cessation time, another responsible parent of the child is an Australian citizen, subsection (1) does not apply to the child:\n (a) while there is a responsible parent who is an Australian citizen; and\n (b) if there ceases to be such a responsible parent because of the death of a responsible parent—at any time after that death.\n Exception—statelessness\n (3) The Minister must not revoke a child’s Australian citizenship under subsection (1) if the Minister is satisfied that the child would then become a person who is not a national or citizen of any country.\n\n#### Subdivision C—Citizenship cessation\n\n#### 36A Purpose of this Subdivision\n\n This Subdivision is enacted because the Parliament recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia.\n\n#### 36B Cessation of citizenship if citizenship cessation order made by court etc.\n\n (1) Subject to this section, if an order is made under subsection 36C(1) in relation to a person, the person ceases to be an Australian citizen at the time the order is made.\n Order overturned or quashed\n (2) If a decision of a court overturns or quashes the order made under subsection 36C(1), the person’s citizenship is taken never to have ceased under subsection (1) of this section.\n (3) The validity of anything done in reliance on the order made under subsection 36C(1) before the order was overturned or quashed is not affected.\n Appeal decision\n (4) If:\n (a) a decision (the first decision) of a court overturning or quashing the order made under subsection 36C(1) in relation to the person is appealed; and\n (b) the decision (the second decision) on appeal overturns or quashes the first decision;\n the person ceases to be an Australian citizen at the time the second decision is made.\n\n#### 36C Citizenship cessation order if person is convicted of serious offence\n\n (1) If:\n (a) a person is convicted of one or more serious offences; and\n (b) the court has decided to impose on the person, in respect of the conviction or convictions, a period of imprisonment that is at least 3 years or periods of imprisonment that total at least 3 years; and\n (c) before the court imposes the sentence or sentences on the person in respect of the conviction or convictions, the Minister makes an application under subsection 36D(1) for an order to be made under this subsection in relation to the person; and\n (d) the court is satisfied of the matters specified in subsection (4) of this section;\n the court may, when imposing such a period or periods of imprisonment on the person in respect of the conviction or convictions, also order at that time as part of the sentence or sentences that the person ceases to be an Australian citizen.\n\n> Note: Subsections (5) and (6) set out, without limitation, matters the court must have regard to in deciding whether to make an order under this subsection.\n\n (2) However, the court must not make an order under subsection (1) in relation to the person if the court is satisfied that the person would, if the court were to make the order, become a person who is not a national or citizen of any country.\n Serious offence\n (3) A serious offence is an offence against any of the following provisions:\n (a) a provision of Subdivision A of Division 72 of the Criminal Code (explosives and lethal devices);\n (b) a provision of Subdivision B of Division 80 of the Criminal Code (treason);\n (c) section 83.1 of the Criminal Code (advocating mutiny);\n (d) a provision of Division 91 of the Criminal Code (espionage);\n (e) a provision of Division 92 of the Criminal Code (foreign interference);\n (f) a provision of Part 5.3 of the Criminal Code (terrorism), other than the following provisions:\n (i) section 102.8;\n (ii) Division 104;\n (iii) Division 105;\n (iv) section 105A.7D;\n (v) section 105A.18B;\n (fa) a provision of Part 5.3A of the Criminal Code (state sponsors of terrorism), other than section 112.7;\n (g) a provision of Part 5.5 of the Criminal Code (foreign incursions and recruitment).\n Court to be satisfied of certain matters etc.\n (4) For the purposes of paragraph (1)(d), the matters are the following:\n (a) the person is aged 14 or over;\n (b) the person is an Australian citizen;\n (c) the person’s conduct to which the conviction or convictions relate is so serious and significant that it demonstrates that the person has repudiated their allegiance to Australia.\n (5) In deciding whether the court is satisfied of the matter referred to in paragraph (4)(c) in relation to the person’s conduct, the court must have regard to the following matters:\n (a) whether the conduct to which the conviction or convictions relate demonstrates a repudiation of the values, democratic beliefs, rights and liberties that underpin Australian society;\n (b) the degree, duration or scale of the person’s commitment to, or involvement in, the conduct to which the conviction or convictions relate;\n (c) the intended scale of the conduct to which the conviction or convictions relate;\n (d) the actual impact of the conduct to which the conviction or convictions relate;\n (e) whether the conduct to which the conviction or convictions relate caused, or was intended to cause, harm to human life or a loss of human life.\n (6) In deciding whether to make an order under subsection (1) in relation to the person, the court must have regard to the following matters:\n (a) if the person is a child aged under 18—the best interests of the child;\n (b) if the person has any dependent children in Australia—the best interests of those children;\n (c) the person’s connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person.\n (7) Subsection (6) does not limit the matters to which the court may have regard in deciding whether to make an order under subsection (1) in relation to the person.\n Concurrent sentences\n (8) If:\n (a) a person has been convicted of 2 or more serious offences; and\n (b) a court has decided to impose on the person, in respect of the conviction or convictions, 2 or more periods of imprisonment to be served concurrently (whether in whole or in part);\n then, for the purposes of subsection (1), the whole of each period is to be counted in working out the total of those periods.\n\n> Note: Example: A person is convicted of 2 serious offences and a court has decided to impose on the person in respect of the convictions 2 periods of 2 years imprisonment to be served concurrently. For the purposes of subsection (1), the total period of imprisonment is 4 years.\n\n References to period of imprisonment\n (9) For the purposes of subsection (1):\n (a) a reference to a period of imprisonment in that subsection does not include a period of imprisonment that is suspended; and\n (b) a reference to a period of imprisonment in that subsection includes a reference to a single sentence of imprisonment that a court has decided to impose in respect of both one or more serious offences and one or more other offences.\n Other matters\n (10) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n (11) Part IB of the Crimes Act 1914 (which deals with sentencing, imprisonment and release of federal offenders) does not apply in relation to an order under this section.\n\n#### 36D Application by the Minister for a citizenship cessation order\n\n (1) The Minister may make an application for an order to be made by a court under subsection 36C(1) in relation to a person.\n (2) The application may be made before or after the person is convicted of one or more serious offences but must be made before the person is sentenced.\n Consultation with the Foreign Affairs Minister\n (3) Before the Minister makes the application, the Minister must consult the Foreign Affairs Minister.\n Matters relating to the application\n (4) The application must include the following matters:\n (a) information about the person’s age;\n (b) information about the person’s Australian citizenship;\n (c) information about the person’s nationality or citizenship of other countries.\n (5) The application:\n (a) must be made in the jury’s absence; and\n (b) must not be referred to in the presence of the jury; and\n (c) must only be heard after the person is convicted of one or more serious offences.\n Notice of application\n (6) The Minister must give the person written notice of the application as soon as practicable after the application is made. The Minister may also give written notice of the application to such other persons as the Minister considers appropriate.\n (7) Section 47 (notification of decisions) does not apply to a decision of the Minister to make the application.\n Australian citizens to which this section applies\n (8) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n\n#### 36L No resumption of citizenship if citizenship ceases under this Subdivision\n\n If a person ceases to be an Australian citizen under this Subdivision, Divisions 1 and 2 of this Part do not apply in relation to the person after that cessation.\n\n> Note: See section 36B for when a person ceases to be an Australian citizen.\n\n### Division 4—Evidence of Australian citizenship\n\n#### 37 Evidence of Australian citizenship\n\n (1) A person may make an application to the Minister for evidence of the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Notice\n (2) The Minister may give the person a notice stating that the person is an Australian citizen at a particular time.\n (3) The notice must:\n (a) be in a form prescribed by the regulations; and\n (b) contain any other matter prescribed by the regulations.\n Identity\n (4) The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n Evidentiary status\n (5) A notice is prima facie evidence of the matters in the notice.\n Cancellation\n (6) The Minister may, by writing, cancel a notice given to a person under this section.\n\n#### 38 Surrender of physical evidentiary notice\n\n Request for surrender\n (1) If:\n (a) the Minister makes a decision under section 34 or 34A to revoke a person’s Australian citizenship; and\n (b) at the time of the revocation, there is in force a notice under section 37 in relation to the person; and\n (c) the notice was given to the person in a physical form;\n the Minister may request the person to surrender the notice to the Minister.\n (2) If the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37 and the notice was given to the person in a physical form, the Minister may request the person to surrender the notice to the Minister.\n Form of request\n (3) A request given to a person under subsection (1) or (2) must:\n (a) be made in writing; and\n (b) specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and\n (c) specify how the person is to surrender the notice to the Minister; and\n (d) contain a statement to the effect that a failure to comply with the request is an offence.\n Offence\n (4) A person commits an offence if:\n (a) the person is given a request that is in accordance with this section; and\n (b) the person fails to comply with the request.\n\nPenalty for contravention of this subsection: 10 penalty units.\n\n#### 39 Altering evidentiary notice\n\n A person commits an offence if:\n (a) the person alters, or causes or permits to be altered, a notice; and\n (b) the notice was given to a person under section 37.\n\nPenalty: Imprisonment for 12 months.\n\n### Division 5—Personal identifiers\n\n#### Subdivision A—Obtaining personal identifiers\n\n#### 40 Request for personal identifiers\n\n (1) For the purposes of the Minister being satisfied of the identity of:\n (a) a person in relation to an application under this Part; or\n (b) a person who has sought to sit a test approved in a determination under section 23A;\n the following persons may request the person, in writing, to provide one or more specified personal identifiers:\n (c) the Minister;\n (d) a person authorised under subsection (3);\n (e) a person who is included in a class of persons authorised under subsection (4).\n Form of request\n (2) A request must inform the person of the matters prescribed by the regulations.\n Authorisations\n (3) The Minister may, by writing, authorise a person for the purposes of paragraph (1)(d).\n (4) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (1)(e).\n\n#### 41 Provision of personal identifiers\n\n The regulations may prescribe the procedures and requirements that apply to the provision of a personal identifier by a person under this Division.\n\n#### Subdivision B—Obligations relating to identifying information\n\n#### 42 Accessing identifying information\n\n (1) A person commits an offence if:\n (a) the person accesses identifying information; and\n (b) the person is not authorised under this section to access the identifying information for the purpose for which the person accessed it.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) This section does not apply if the person believes on reasonable grounds that the access is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n (2) This section does not apply if the access is through:\n (a) a disclosure that is a permitted disclosure within the meaning of section 43; or\n (b) a disclosure to which section 43 does not apply because of the operation of subsection 43(1A).\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Authorisation\n (3) The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.\n (4) The Minister must specify in an authorisation under subsection (3), as the purpose or purposes for which access is authorised, one or more of the following purposes:\n (a) either or both of the purposes set out in paragraph 10(2)(c);\n (b) disclosing identifying information in accordance with this Division;\n (c) administering or managing the storage of identifying information;\n (d) making identifying information available to the person to whom it relates;\n (e) modifying identifying information to enable it to be matched with other identifying information;\n (f) modifying identifying information in order to correct errors or ensure compliance with appropriate standards;\n (g) the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act;\n (h) complying with Australian laws.\n\n#### 43 Disclosing identifying information\n\n (1) A person commits an offence if:\n (a) the person’s conduct causes disclosure of identifying information; and\n (b) the disclosure is not a permitted disclosure.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure;\n this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person.\n\n> Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: Australian Privacy Principle 6 may apply to further disclosures of that identifying information by a person who is not an entrusted person.\n\n (1B) This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).\n\n (2) A permitted disclosure is a disclosure that:\n (b) is for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; or\n (c) is for the purpose of administering or managing the storage of identifying information; or\n (d) is for the purpose of making the identifying information in question available to the person to whom it relates; or\n (da) is to an agency of the Commonwealth, a State or a Territory in order to verify that a person is an Australian citizen; or\n (e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or\n (ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth, a State or a Territory; or\n (eb) is required by an Australian law; or\n (f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or\n (g) is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or\n (h) takes place with the written consent of the person to whom the identifying information in question relates.\n\n#### 44 Unauthorised modification or impairment of identifying information\n\n Unauthorised modification\n (1) A person commits an offence if:\n (a) the person causes any unauthorised modification of identifying information; and\n (b) the person intends to cause the modification; and\n (c) the person knows that the modification is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Unauthorised impairment\n (2) A person commits an offence if:\n (a) the person causes any unauthorised impairment of:\n (i) the reliability of identifying information; or\n (ii) the security of the storage of identifying information; or\n (iii) the operation of a system by which identifying information is stored; and\n (b) the person intends to cause the impairment; and\n (c) the person knows that the impairment is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Exception\n (2A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure within the meaning of section 43;\n this section does not apply in relation to any modification or impairment of that identifying information by a person who is not an entrusted person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n Interpretation\n (3) In this section:\n (a) modification of identifying information; or\n (b) impairment of the reliability of identifying information; or\n (c) impairment of the security of the storage of identifying information; or\n (d) impairment of the operation of a system by which identifying information is stored;\n by a person is unauthorised if the person is not entitled to cause that modification or impairment.\n (4) Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.\n (5) For the purposes of this section, a person causes any such unauthorised modification or impairment if the person’s conduct substantially contributes to it.\n (6) For the purposes of subsection (3), if:\n (a) a person causes any modification or impairment of a kind mentioned in that subsection; and\n (b) the person does so under a warrant issued under an Australian law;\n the person is entitled to cause that modification or impairment.\n\n#### 45 Destroying identifying information\n\n (1) A person commits an offence if:\n (a) the person is the responsible person for identifying information; and\n (b) the person fails to destroy the identifying information as soon as practicable after the person is no longer required under the Archives Act 1983 to keep the identifying information.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n> Note: See section 24 of the Archives Act 1983 on the obligation to keep the identifying information.\n\n (2) This section does not apply if the identifying information is:\n (a) a personal identifier that is any of the following:\n (i) a measurement of a person’s height and weight;\n (ii) a photograph or other image of a person’s face;\n (iii) a person’s signature; or\n (b) identifying information derived from or relating to such a personal identifier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Definitions\n (3) For the purposes of this section, the responsible person for identifying information is:\n (a) if the identifying information is stored on a database—the person who has day‑to‑day control of the database; or\n (b) otherwise—the person who has day‑to‑day responsibility for the system under which the identifying information is stored.\n (4) For the purposes of this section, identifying information is destroyed if:\n (a) in the case of identifying information that is a personal identifier—it is physically destroyed; and\n (b) in any other case—any means of identifying it with the person to whom it relates is destroyed.\n (5) For the purposes of this section, a database is a discrete body of information stored by electronic means, containing:\n (a) indexes of persons who have provided personal identifiers in accordance with a request under this Division; and\n (b) their identifying information.\n\n## Part 3—Other matters\n\n### Division 1—Bogus documents\n\n#### 45A Prohibition on, and forfeiture of, bogus documents\n\n (1) A person (whether a citizen or non‑citizen) must not give a bogus document to the Minister, a person acting under a delegation or authorisation of the Minister, a tribunal or any other person or body performing a function or purpose under, or in relation to, this Act (the official), or cause such a document to be so given.\n (2) A bogus document given in contravention of subsection (1) is forfeited to the Commonwealth.\n\n#### 45B Seizure of bogus documents\n\n (1) If the Minister reasonably suspects that a document is forfeited under subsection 45A(2), then the Minister may seize the document.\n (2) As soon as practicable after seizing the document, the Minister must give written notice of the seizure to the person who gave the document to the official under subsection 45A(1).\n (3) The notice must:\n (a) identify the document; and\n (b) state that the document has been seized; and\n (c) specify the reason for the seizure; and\n (d) state that the document will be condemned as forfeited unless the person institutes proceedings against the Commonwealth before the end of the period specified in the notice:\n (i) to recover the document; or\n (ii) for a declaration that the document is not forfeited.\n (4) For the purposes of paragraph (3)(d), the period must:\n (a) start on the date of the notice; and\n (b) end 90 days after that date.\n\n#### 45C Document condemned as forfeited\n\n (1) If a document is seized under subsection 45B(1), then:\n (a) the person who gave the document to the official under subsection 45A(1); and\n (b) if that person is not the owner of the document—the owner;\n may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction:\n (c) to recover the document; or\n (d) for a declaration that the document is not forfeited.\n (2) The proceedings:\n (a) may be instituted even if the seizure notice required to be given under subsection 45B(2) in relation to the document has not yet been given; and\n (b) may only be instituted before the end of the period specified in the seizure notice.\n (3) If, before the end of the period specified in the seizure notice, the person or owner does not institute the proceedings, the document is condemned as forfeited to the Commonwealth immediately after the end of that period.\n (4) If, before the end of the period specified in the seizure notice, the person or owner does institute the proceedings, the document is condemned as forfeited to the Commonwealth at the end of the proceedings unless there is:\n (a) an order for the person or owner to recover the document; or\n (b) a declaration that the document is not forfeited.\n (5) For the purposes of subsection (4), if the proceedings go to judgment, they end:\n (a) if no appeal against the judgment is lodged within the period for lodging such an appeal—at the end of that period; or\n (b) if an appeal against the judgment is lodged within that period—when the appeal lapses or is finally determined.\n\n#### 45D Dealing with a document after it is condemned as forfeited\n\n (1) If, under section 45C, a document is condemned as forfeited to the Commonwealth, it must be dealt with or disposed of (including by being given to another person) in accordance with any direction given by the Minister.\n (2) If the Minister considers that the document may be relevant to proceedings in a court or tribunal, then the Minister:\n (a) must give a direction for the safe keeping of the document; and\n (b) must authorise access to the document for the purposes of those proceedings.\n (3) A direction given under this section is not a legislative instrument.\n\n### Division 2—Other\n\n#### 46 Application requirements\n\n (1) An application under a provision of this Act must:\n (a) be on the relevant form approved by the Minister for the purposes of that provision; and\n (b) contain the information required by the form; and\n (c) be accompanied by any other information or documents prescribed by the regulations; and\n (d) be accompanied by the fee (if any) prescribed by the regulations.\n (1AA) However, paragraphs (1)(a) and (b) do not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed by the regulations; and\n (b) contains the information prescribed by the regulations.\n (1A) For applications made under section 21 by persons who, in order to be eligible to become an Australian citizen under subsection 21(2), must have sat a test approved in a determination under section 23A, the fee prescribed by the regulations may include a component that relates to the sitting of that test.\n Approval of forms\n (2) The Minister may, by writing, approve one or more forms for the purposes of a provision of this Act under which an application may be made.\n\n> Note: For example, there are 2 ways to become an Australian citizen by descent under section 16\\. The Minister may approve 1 form for the purposes of that section or may approve 2 different forms.\n\n Children aged under 16\n (2A) An application under a provision of this Act by a child aged under 16 must be set out:\n (a) on a form that contains no other application; or\n (b) on a form that also contains an application by 1 responsible parent of the child.\n (2B) However, subsection (2A) does not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed under paragraph (1AA)(a) of this section; and\n (b) contains the information prescribed under paragraph (1AA)(b) of this section.\n Remission, refund or waiver of fees\n (3) The regulations may make provision for and in relation to the remission, refund or waiver of any fees of a kind referred to in paragraph (1)(d).\n\n#### 47 Notification of decisions\n\n (1) If the Minister makes a decision under this Act in relation to a person, the Minister must give the person notice of the decision.\n Child\n (2) If the person is a child, the Minister satisfies the requirement in subsection (1) if the Minister gives a parent of the child notice of the decision.\n Reasons for adverse decision\n (3) If the decision is an adverse decision, the notice must include the reasons for the decision.\n Form of notice\n (4) The Minister must give the notice in the manner prescribed by the regulations (which includes electronic form).\n Procedural defect does not affect validity of decision\n (5) A failure to comply with subsection (3) or (4) does not affect the validity of the decision.\n\n#### 48 Computerised decision‑making\n\n Computer‑based decisions\n (1) The Minister may, by writing, arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under this Act or the regulations:\n (a) make a decision; or\n (b) exercise any power or comply with any obligation; or\n (c) do anything else related to making a decision or exercising a power or complying with an obligation.\n (2) The Minister is taken to have:\n (a) made a decision; or\n (b) exercised a power or complied with an obligation; or\n (c) done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;\n that was made, exercised, complied with or done by the operation of a computer program under such an arrangement.\n Minister may substitute his or her own decision\n (3) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under such an arrangement if:\n (a) a notice under section 49 relates to the computer program and to the initial decision; and\n (b) the notice states that the computer program was not functioning correctly; and\n (c) the substituted decision could have been made under the same provision of this Act or the regulations as the initial decision; and\n (d) the substituted decision is more favourable to the applicant.\n (4) The Minister does not have a duty to consider whether to exercise the power under subsection (3) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (5) Subsection (3) has effect despite any law of the Commonwealth, or any rule of common law, to the contrary effect.\n Exceptions\n (5A) This section does not apply in relation to anything done under Subdivision C of Division 3 of Part 2 (citizenship cessation).\n Arrangement not a legislative instrument\n (6) An arrangement under subsection (1) is not a legislative instrument.\n\n#### 49 Evidence of whether computer program is functioning correctly\n\n Issue of notices\n (1) In citizenship proceedings, a notice signed by an authorised person stating whether or not a specified computer program was functioning correctly:\n (a) at a specified time or during a specified period; and\n (b) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 48(1);\n is prima facie evidence of the matters stated in the notice.\n Ministerial authorisations\n (2) The Minister may, by writing, authorise a person to issue notices under this section.\n (3) The Minister may, by legislative instrument, authorise a class of persons to issue notices under this section.\n Definitions\n (4) In this section:\n\n> authorised person means:\n\n (a) an APS employee in the Department; or\n (b) a person authorised under subsection (2) to issue notices under this section; or\n (c) any person who is included in a class of persons authorised under subsection (3) to issue notices under this section.\n\n> citizenship proceedings means:\n\n (a) proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or\n (b) proceedings that relate to an application for review under section 52.\n\n> functioning correctly: a computer program is functioning correctly if:\n\n (a) outcomes from its operation comply with this Act and the regulations; and\n (b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.\n\n#### 50 False statements or representations\n\n (1) A person commits an offence if:\n (a) the person makes, or causes or permits to be made, a representation or statement; and\n (b) the person does so knowing that the representation or statement is false or misleading in a material particular; and\n (c) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n (2) A person commits an offence if:\n (a) the person conceals, or causes or permits to be concealed, a material circumstance; and\n (b) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n#### 51 Geographical jurisdiction for offences\n\n Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act.\n\n#### 51A Things seized under Crimes Act search warrant and information about such things\n\n (1) This section applies to the following:\n (a) a thing seized (warrant material) under a search warrant issued under Division 2 of Part 1AA of the Crimes Act 1914;\n (b) information (warrant information) that is about, or obtained from, warrant material.\n (2) A constable or Commonwealth officer who, under subsection 3ZQU(1) of the Crimes Act 1914, may use or make available warrant material, is authorised to make available warrant material or warrant information:\n (a) to a person covered by subsection (4); and\n (b) for a purpose mentioned in subsection (3).\n (3) A person covered by subsection (4) is authorised to receive and use warrant material and warrant information, or make it available to another person covered by subsection (4), for the following purposes:\n (a) making a decision, or assisting in making a decision, to approve or refuse to approve a person becoming an Australian citizen;\n (b) making a decision, or assisting in making a decision, to revoke a person’s Australian citizenship;\n (c) making a decision, or assisting in making a decision, to cancel an approval given to a person under section 24.\n\n> Note: Subsection 3ZQU(4) of the Crimes Act 1914 contemplates that another law of the Commonwealth may require or authorise the use or making available of a document or other thing to persons, or for purposes, in addition to those listed in subsection 3ZQU(1) of that Act.\n\n (4) The following persons are covered by this subsection:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department whose duties include making decisions, or assisting in making decisions, in relation to Australian citizenship.\n\n#### 51B Reports to Parliament\n\n (1) As soon as practicable after a reporting period ends, the Minister must table a report in each House of the Parliament that sets out the number of applications made under section 36D to which both of the following apply:\n (a) the applications were made during the reporting period to which the report relates or during an earlier reporting period;\n (b) the applications relate to persons who, during the reporting period to which the report relates, were convicted and sentenced for one or more serious offences.\n (2) The report must not contain information, or content of a document, if:\n (a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010); or\n (b) the disclosure of the information or content would or might prejudice:\n (i) the security, defence or international relations of Australia; or\n (ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions; or\n (c) the disclosure of the information or content would or might endanger a person’s safety; or\n (d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.\n (3) In this section:\n\n> reporting period means:\n\n (a) the period of 12 months beginning on the day the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 commences; or\n (b) each subsequent 12‑month period.\n\n#### 52 Review of decisions\n\n (1) An application may be made to the Administrative Review Tribunal for review of the following decisions:\n (a) a decision under section 17 to refuse to approve a person becoming an Australian citizen;\n (aa) a decision under section 19D to refuse to approve a person becoming an Australian citizen;\n (b) a decision under section 24 to refuse to approve a person becoming an Australian citizen;\n (c) a decision under section 25 to cancel an approval given to a person under section 24;\n (d) a decision under section 30 to refuse to approve a person becoming an Australian citizen again;\n (e) a decision under section 33 to refuse to approve a person renouncing his or her Australian citizenship, except a refusal because of the operation of subsection 33(5) (about war);\n (f) a decision under section 34 or subsection 36(1) to revoke a person’s Australian citizenship;\n (g) a decision under section 37 to refuse to give a person a notice stating that the person is an Australian citizen at a particular time.\n Citizenship by conferral decision\n (2) However, if:\n (a) the Minister makes a decision under section 24 to refuse to approve a person becoming an Australian citizen; and\n (b) the Minister’s reasons for the decision did not refer to the eligibility ground in subsection 21(8) (about statelessness); and\n (c) the person was aged 18 or over at the time the person made the application to become an Australian citizen;\n a person (the applicant) cannot apply for review of that decision unless the applicant is a permanent resident.\n (3) For the purposes of the Administrative Review Tribunal reviewing a decision of a kind referred to in paragraph (1)(b):\n (a) the Tribunal must not exercise the power under subsection 22A(1A) or 22B(1A); and\n (b) the Tribunal must not review any exercise of the power or any failure to exercise the power.\n\n#### 53 Delegation\n\n (1) The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act or the regulations.\n (2) However, subsection (1) does not apply in relation to the function under subsection 23A(1) (about approval of citizenship test) or the power under section 36D (about application for citizenship cessation order).\n\n#### 54 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":31},{"sectionNumber":"19B","sectionType":"section","heading":"Simplified outline","content":"#### 19B Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia by at least one Australian citizen in accordance with:\n\n(a) the Hague Convention on Intercountry Adoption; or\n\n(b) a bilateral arrangement.\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 19D(4); or\n\n• national security: see subsections 19D(5) to (7A); or\n\n• cessation of citizenship: see subsection 19D(8).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.","sortOrder":32},{"sectionNumber":"19C","sectionType":"section","heading":"Application and eligibility for citizenship","content":"#### 19C Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Eligibility\n (2) A person (the applicant) is eligible to become an Australian citizen if:\n (a) the applicant is adopted in a Convention country or a prescribed overseas jurisdiction by:\n (i) a person (the adopter) who is an Australian citizen at time of the adoption; or\n (ii) 2 persons jointly, only one of whom (the adopter) is an Australian citizen at the time of the adoption; or\n (iii) 2 persons jointly, both of whom (the adopters) are Australian citizens at the time of the adoption; and\n (b) an adoption compliance certificate issued in that country is in force for the adoption; and\n (c) under the Intercountry Adoption regulations or the Bilateral Arrangements regulations, as applicable, the adoption is recognised and effective for the laws of the Commonwealth and each State and Territory; and\n (d) the legal relationship between the applicant and the individuals who were, immediately before the adoption, the applicant’s parents has been terminated; and\n (e) if subparagraph (a)(i) or (ii) applies and the adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—the adopter satisfies subsection (3); and\n (f) if subparagraph (a)(iii) applies and each adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—either or both of the adopters satisfy subsection (3); and\n (g) if the applicant is aged 18 or over at the time the applicant made the application—the Minister is satisfied that the applicant is of good character at the time of the Minister’s decision on the application.\n (3) An adopter satisfies this subsection if the adopter has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the applicant made the application.\n Definitions\n (4) In this section:\n\n> adoption compliance certificate:\n\n (a) for an adoption in accordance with the Hague Convention on Intercountry Adoption—has the same meaning as in the Intercountry Adoption regulations; and\n (b) for an adoption in accordance with a bilateral arrangement—has the same meaning as in the Bilateral Arrangements regulations.\n\n> Bilateral Arrangements regulations means prescribed regulations made under the Family Law Act 1975.\n\n> Convention country has the same meaning as in the Intercountry Adoption regulations.\n\n> Intercountry Adoption regulations means prescribed regulations made under the Family Law Act 1975.\n\n> prescribed overseas jurisdiction has the same meaning as in the Bilateral Arrangements regulations.","sortOrder":33},{"sectionNumber":"19D","sectionType":"section","heading":"Minister’s decision","content":"#### 19D Minister’s decision\n\n (1) If a person makes an application under section 19C, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (2) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 19C(2).\n (3) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 19C(2).\n Identity\n (4) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (5) If the person is not covered by subsection (7), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (6) If the person is covered by subsection (7), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (7)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7A), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (7)(b)(ii) applies to the person—has been convicted of a national security offence.\n (7) A person is covered by this subsection if:\n (a) at the time the person made the application under section 19C, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7A) The Minister may decide that subparagraph (6)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n Cessation of citizenship\n (8) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.","sortOrder":34},{"sectionNumber":"19E","sectionType":"section","heading":"Registration","content":"#### 19E Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.","sortOrder":35},{"sectionNumber":"19F","sectionType":"section","heading":"Day citizenship begins","content":"#### 19F Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.","sortOrder":36},{"sectionNumber":"Subdivision B","sectionType":"subdivision","heading":"Citizenship by conferral","content":"An Act relating to Australian citizenship\n\nPreamble\n\n The Parliament recognises that 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.\n The Parliament recognises that persons conferred Australian citizenship enjoy these rights and undertake to accept these obligations:\n (a) by pledging loyalty to Australia and its people; and\n (b) by sharing their democratic beliefs; and\n (c) by respecting their rights and liberties; and\n (d) by upholding and obeying the laws of Australia.\n\nThe Parliament of Australia enacts:\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Citizenship Act 2007.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

15 March 2007

2. Sections 2A to 54

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01653)

3. Schedule 1

At the same time as the provisions covered by table item 2.

1 July 2007

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 2A Simplified outline\n\n The following is a simplified outline of this Act:\n\nWhat this Act covers\n\nThis Act sets out how you become an Australian citizen, the circumstances in which you may cease to be a citizen and some other matters related to citizenship.\n\nBecoming an Australian citizen\n\nThere are a range of ways you can become an Australian citizen.\n\nAcquiring citizenship automatically\n\nGenerally, you become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born.\n\nThere are some other, less common, ways of automatically becoming a citizen.\n\nDivision 1 of Part 2 has details about acquiring citizenship automatically.\n\nAlso, if you were a citizen under the old Act immediately before the day that this section commences, you will continue to be a citizen: see subsection 4(1).\n\nAcquiring citizenship by application\n\nThe other way to become an Australian citizen is to apply to the Minister. This is covered by Division 2 of Part 2\\. There are 4 situations in which you can apply for citizenship.\n\nThe first is citizenship by descent. Generally, you would apply for this if you were born outside Australia and one or both of your parents were Australian citizens when you were born. Citizenship by descent is covered by Subdivision A.\n\nThe second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA.\n\nThe third is citizenship by conferral. Generally, you would need to be a permanent resident and willing to make a pledge of commitment to apply for citizenship by conferral. You may need to successfully complete a citizenship test. There are some less common circumstances in which you can apply for citizenship by conferral. Citizenship by conferral is covered by Subdivision B.\n\nThe fourth is resuming citizenship. In certain cases where you previously ceased to be an Australian citizen, you can apply for your citizenship to resume. Resuming citizenship is covered by Subdivision C.\n\nThe Minister must be satisfied of your identity for you to acquire citizenship by application. Rules about identification are in Division 5 of Part 2.\n\nThe Minister may be required to refuse your application on national security grounds.\n\nCeasing to be an Australian citizen\n\nThere are a number of ways that you can cease to be an Australian citizen.\n\nYou can renounce your citizenship.\n\nIf you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances.\n\nThere are some other, less common, ways of ceasing to be a citizen.\n\nDivision 3 of Part 2 has details about ceasing to be a citizen.\n\nEvidence that a person is an Australian citizen\n\nYou can apply to the Minister for evidence of your Australian citizenship. This is covered by Division 4 of Part 2.\n\n#### 3 Definitions\n\n In this Act:\n\n> adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> artificial conception procedure includes:\n\n (a) artificial insemination; and\n (b) the implantation of an embryo in the body of a woman.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian citizen has the meaning given by section 4.\n\n> Australian law means a law of the Commonwealth, a State or a Territory.\n\n> bogus document has the same meaning as in subsection 5(1) of the Migration Act 1958.\n\n> child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:\n\n (a) an adopted child, stepchild or exnuptial child of the person;\n (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n\n> citizenship law means:\n\n (a) this Act; and\n (b) the regulations; and\n (c) any legislative instrument made under this Act or the regulations.\n\n> commencement day means the day on which sections 2A to 54 (as originally enacted) commence.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> disclose, in relation to identifying information that is a personal identifier provided under Division 5 of Part 2, includes provide unauthorised access to the personal identifier.\n\n> Note: Section 42 deals with authorised access to identifying information.\n\n> entrusted person means:\n\n (a) the Secretary of the Department; or\n (b) an APS employee in the Department; or\n (c) a person engaged under section 74 of the Public Service Act 1999 by the Secretary of the Department; or\n (d) a person engaged by the Commonwealth, the Minister, the Secretary of the Department, or by an APS employee in the Department, to do work for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act.\n\n> Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> foreign law means a law of a foreign country.\n\n> identifying information means the following:\n\n (a) any personal identifier provided under Division 5 of Part 2;\n (b) any meaningful identifier derived from any such personal identifier;\n (c) any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier;\n (d) any other information derived from:\n (i) any such personal identifier; or\n (ii) any meaningful identifier derived from any such personal identifier; or\n (iii) any record of a kind referred to in paragraph (c);\n that could be used to discover a particular person’s identity or to get information about a particular person.\n\n> national security offence means:\n\n (b) an offence against Division 72 of the Criminal Code; or\n (c) an offence against Part 5.1 of the Criminal Code (treason and related offences) other than section 83.4 (interference with political rights and duties); or\n (ca) an offence against Division 91 of the Criminal Code (espionage); or\n (cb) an offence against Part 5.3 or 5.3A (terrorism), or 5.3B (prohibited hate groups), of the Criminal Code; or\n (d) an offence against the Australian Security Intelligence Organisation Act 1979; or\n (e) an offence against the Intelligence Services Act 2001; or\n (f) an offence covered by a determination in force under section 6A.\n\n> New Guinea:\n\n (a) has the same meaning as the Territory of New Guinea had in the Papua New Guinea Act 1949 immediately before 16 September 1975; and\n (b) in relation to any time before 4 June 1969—includes a reference to the Island of Nauru.\n\n> old Act means the Australian Citizenship Act 1948 as in force at any time before the commencement day.\n\n> ordinarily resident: a person is taken to be ordinarily resident in a country if and only if:\n\n (a) he or she has his or her home in that country; or\n (b) that country is the country of his or her permanent abode even if he or she is temporarily absent from that country.\n However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.\n\n> Papua has the same meaning as the Territory of Papua had in the Papua New Guinea Act 1949 immediately before 16 September 1975.\n\n> permanent resident has the meaning given by section 5.\n\n> permanent visa has the same meaning as in the Migration Act 1958.\n\n> personal identifier has the meaning given by section 10.\n\n> prison includes any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon the person because of that conviction.\n\n> psychiatric institution includes a psychiatric section of a hospital.\n\n> qualified security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> responsible parent has the meaning given by section 6.\n\n> serious offence has the meaning given by subsection 36C(3).\n\n> serious prison sentence means a sentence of imprisonment for a period of at least 12 months.\n\n> serious repeat offender: a person is a serious repeat offender in relation to a serious prison sentence if the sentence was imposed on the person for an offence committed by the person at a time after the person ceased to be confined in prison because of the imposition of another serious prison sentence.\n\n> special category visa has the same meaning as in the Migration Act 1958.\n\n> special purpose visa has the same meaning as in the Migration Act 1958.\n\n> Stateless Persons Convention means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954 \\[1974\\] ATS 20.\n\n> Note: The text of the Convention is set out in Australian Treaty Series 1974 No. 20\\. In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person’s stepchild except that the person is not legally married to the person’s de facto partner.\n\n> unlawful non‑citizen has the same meaning as in the Migration Act 1958.\n\n> visa has the same meaning as in the Migration Act 1958.\n\n#### 4 Australian citizen\n\n (1) For the purposes of this Act, Australian citizen means a person who:\n (a) is an Australian citizen under Division 1 or 2 of Part 2; or\n (b) satisfies both of the following:\n (i) the person was an Australian citizen under the Australian Citizenship Act 1948 immediately before the commencement day;\n (ii) the person has not ceased to be an Australian citizen under this Act.\n Citizenship under the old Act\n (2) If, under this Act, it is necessary to work out if a person was an Australian citizen at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 5 Permanent resident\n\n (1) For the purposes of this Act, a person is a permanent resident at a particular time if and only if:\n (a) the person is present in Australia at that time and holds a permanent visa at that time; or\n (b) both:\n (i) the person is not present in Australia at that time and holds a permanent visa at that time; and\n (ii) the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia; or\n (c) the person is covered by a determination in force under subsection (2) at that time.\n (2) The Minister may, by legislative instrument, determine that:\n (a) persons who hold a special category visa or a special purpose visa; or\n (b) persons who have held a special category visa; or\n (c) persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands;\n and who satisfy specified requirements are, or are during a specified period, persons to whom this subsection applies.\n Permanent resident under the old Act\n (3) If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 6 Responsible parent\n\n (1) For the purposes of this Act, a person is a responsible parent in relation to a child if and only if:\n (a) the person is a parent of the child except where, because of orders made under the Family Law Act 1975, the person no longer has any parental responsibility for the child; or\n (b) under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or\n (c) under a parenting order the person has parental responsibility for the child’s long‑term or day‑to‑day care, welfare and development (whether or not the person is a parent of the child); or\n (d) the person (whether or not a parent of the child) has guardianship or custody of the child, jointly or otherwise, under an Australian law or a foreign law, whether because of adoption, operation of law, an order of a court or otherwise.\n (1A) In paragraph (1)(a):\n\n> parental responsibility has the same meaning as in Part VII of the Family Law Act 1975.\n\n (2) Expressions used in paragraphs (1)(b) and (c) have the same meaning as in the Family Law Act 1975.\n\n#### 6A National security offences\n\n (1) The Minister may, by legislative instrument, determine that:\n (a) an offence against a specified provision of a specified Australian law or a specified foreign law; or\n (b) an offence against an Australian law or a foreign law involving specified conduct;\n is a national security offence for the purposes of paragraph (f) of the definition of national security offence in section 3.\n (2) A determination under subsection (1) applies in relation to:\n (a) applications made under this Act after the determination takes effect; and\n (b) applications made under this Act before the determination takes effect that have not been decided before the determination takes effect.\n\n#### 7 Children born on ships or aircraft or after death of parent\n\n Persons born on ships or aircraft\n (1) For the purposes of this Act:\n (a) a person born on a ship or aircraft registered in Australia or a foreign country is taken to have been born at the place at which the ship or aircraft is registered; and\n (b) a person born on a ship or aircraft not registered in Australia or a foreign country and belonging to the government of a country is taken to have been born in that country.\n Persons born after death of parent\n (2) For the purposes of this Act, the status of a parent of a person at the time of the person’s birth is, for a parent who died before the birth, taken to be the status of the parent when the parent died.\n\n#### 8 Children born as a result of artificial conception procedures or surrogacy arrangements\n\n (1) This section applies if a child is:\n (a) a child of a person under section 60H or 60HB of the Family Law Act 1975; and\n (b) either:\n (i) a child of the person’s spouse or de facto partner under that section; or\n (ii) a biological child of the person’s spouse or de facto partner.\n (2) The child is taken for the purposes of this Act:\n (a) to be the child of the person and the spouse or de facto partner; and\n (b) not to be the child of anyone else.\n\n#### 9 Confinement in prison or psychiatric institution\n\n Confinement in prison\n (1) For the purposes of this Act, the period during which a person is confined to a prison includes a period:\n (a) during which the person is an escapee from the prison; or\n (b) during which the person is undergoing a sentence of periodic detention in the prison.\n (2) For the purposes of this Act, the period during which a person is confined to a prison does not include a period during which the person has been so confined by reason only of the person serving a sentence relating to a conviction that is later quashed.\n Confinement in psychiatric institution\n (3) For the purposes of this Act, the period during which a person is confined in a psychiatric institution by order of a court includes a period during which the person is an escapee from the institution.\n\n#### 10 Personal identifiers\n\n (1) For the purposes of this Act, a personal identifier is any of the following (including any of the following in digital form):\n (a) fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies);\n (b) a measurement of a person’s height and weight;\n (c) a photograph or other image of a person’s face;\n\nNote: See section 10A.\n\n (d) an iris scan;\n (e) a person’s signature;\n (f) any other identifier prescribed by the regulations (except an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914).\n (2) Before the Governor‑General makes regulations for the purposes of paragraph (1)(f) prescribing an identifier, the Minister must be satisfied that:\n (a) obtaining the identifier would not involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914; and\n (b) the identifier is an image of, or a measurement or recording of, an external part of the body; and\n (c) obtaining the identifier is necessary for either or both of the following purposes:\n (i) assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2 or seeking to sit a test approved in a determination under section 23A;\n (ii) combating document and identity fraud in citizenship matters;\n\n#### 10A References to photograph or other image of person’s face\n\n A reference in the citizenship law to a photograph or other image of a person’s face includes a reference to a photograph or other image of:\n (a) the person’s face and all or part of the person’s neck; or\n (b) the person’s face and neck and all or part of the person’s shoulders.\n\n#### 10B Providing photographs and other images of faces to the Minister or authorised persons\n\n (1) This section applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to the Minister; and\n (b) for the purposes of that requirement:\n (i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (2) This section also applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to a person mentioned in paragraph 40(1)(d) or (e); and\n (b) for the purposes of that requirement:\n (i) the person provides to a person mentioned in paragraph 40(1)(d) or (e) (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (3) For the purposes of the citizenship law, the person is taken to provide the derived image to the recipient for the purposes of the requirement mentioned in paragraph (1)(a) or (2)(a) of this section.\n\n#### 11 Operation of Act\n\n External Territories\n (1) This Act extends to the external Territories.\n Application outside Australia\n (2) This Act extends unless the contrary intention appears:\n (a) to acts, omissions, matters and things outside Australia; and\n (b) to all persons, irrespective of their nationality or citizenship.\n State and Territory laws\n (3) It is the intention of the Parliament that this Act apply to the exclusion of any provisions of a law of a State or Territory that provide for Australian citizenship (whether the law was made before or after the commencement day).\n\n## Part 2—Australian citizenship\n\n### Division 1—Automatic acquisition of Australian citizenship\n\n#### 11A Simplified outline\n\n The following is a simplified outline of this Division:\n\nThe most common way you become an Australian citizen under this Division is by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of your birth.\n\nThere are some other, less common, ways of becoming an Australian citizen under this Division. These cover:\n\n• citizenship by being born in Australia and by being ordinarily resident in Australia for the next 10 years: see section 12; and\n\n• citizenship by adoption: see section 13; and\n\n• citizenship for abandoned children: see section 14; and\n\n• citizenship by incorporation of territory: see section 15.\n\n#### 12 Citizenship by birth\n\n (1) A person born in Australia is an Australian citizen if and only if:\n (a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or\n (b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.\n Enemy occupation\n (2) However, a person is not an Australian citizen under this section if, at the time the person is born:\n (a) a parent of the person is an enemy alien; and\n (b) the place of the birth is under occupation by the enemy;\n unless, at that time, the other parent of the person:\n (c) is an Australian citizen or a permanent resident; and\n (d) is not an enemy alien.\n\n#### 13 Citizenship by adoption\n\n A person is an Australian citizen if the person is:\n (a) adopted under a law in force in a State or Territory; and\n (b) adopted by a person who is an Australian citizen at the time of the adoption or by 2 persons jointly at least one of whom is an Australian citizen at that time; and\n (c) present in Australia as a permanent resident at that time.\n\n#### 14 Citizenship for abandoned children\n\n A person is an Australian citizen if the person is found abandoned in Australia as a child, unless and until the contrary is proved.\n\n#### 15 Citizenship by incorporation of Territory\n\n (1) A person is an Australian citizen if:\n (a) any territory becomes a part of Australia; and\n (b) the person is included in a class of persons specified in a determination under this section.\n Determination\n (2) The Minister may, by legislative instrument, determine that specified classes of persons are Australian citizens from a specified day because of their connection with that territory.\n Day citizenship begins\n (3) The person becomes an Australian citizen on that day.\n Retrospective application of instruments\n (4) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the instrument.\n\n### Division 2—Acquisition of Australian citizenship by application\n\n#### Subdivision A—Citizenship by descent\n\n#### 15A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 2 situations:\n\n• you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth: see subsection 16(2); or\n\n• you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949: see subsection 16(3).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 17(3); or\n\n• national security: see subsections 17(4) to (4B); or\n\n• cessation of citizenship: see subsection 17(5).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\nYou 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.\n\n#### 16 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Persons born outside Australia on or after 26 January 1949\n (2) A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person was an Australian citizen at the time of the birth; and\n (b) if the parent was an Australian citizen under this Subdivision or Subdivision AA, or section 10B, 10C or 11 of the old Act (about citizenship by descent), at the time of the birth:\n (i) the parent has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the person made the application; or\n (ii) the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n Persons born outside Australia or New Guinea before 26 January 1949\n (3) A person born outside Australia or New Guinea before 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person became an Australian citizen on 26 January 1949; and\n (b) the parent was born in Australia or New Guinea or was naturalised in Australia before the person’s birth; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 17 Minister’s decision\n\n (1) If a person makes an application under section 16, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n (2) Subject to this section, the Minister must approve the person becoming an Australian citizen if the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 16, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) at the time of the person’s birth, the person had a parent who was an Australian citizen.\n Cessation of citizenship\n (5) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 18 Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19 Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### 19A When a person does not become a citizen despite the Minister’s approval\n\n Despite section 19, a person does not become an Australian citizen under this Subdivision, even if the Minister approves the person becoming an Australian citizen, unless:\n (a) if the person was born on or after 26 January 1949—a parent of the person was an Australian citizen at the time of the person’s birth; or\n (b) if the person was born before 26 January 1949—a parent of the person became an Australian citizen on 26 January 1949.\n\n#### Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n\n#### 19B Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia by at least one Australian citizen in accordance with:\n\n(a) the Hague Convention on Intercountry Adoption; or\n\n(b) a bilateral arrangement.\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 19D(4); or\n\n• national security: see subsections 19D(5) to (7A); or\n\n• cessation of citizenship: see subsection 19D(8).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\n#### 19C Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Eligibility\n (2) A person (the applicant) is eligible to become an Australian citizen if:\n (a) the applicant is adopted in a Convention country or a prescribed overseas jurisdiction by:\n (i) a person (the adopter) who is an Australian citizen at time of the adoption; or\n (ii) 2 persons jointly, only one of whom (the adopter) is an Australian citizen at the time of the adoption; or\n (iii) 2 persons jointly, both of whom (the adopters) are Australian citizens at the time of the adoption; and\n (b) an adoption compliance certificate issued in that country is in force for the adoption; and\n (c) under the Intercountry Adoption regulations or the Bilateral Arrangements regulations, as applicable, the adoption is recognised and effective for the laws of the Commonwealth and each State and Territory; and\n (d) the legal relationship between the applicant and the individuals who were, immediately before the adoption, the applicant’s parents has been terminated; and\n (e) if subparagraph (a)(i) or (ii) applies and the adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—the adopter satisfies subsection (3); and\n (f) if subparagraph (a)(iii) applies and each adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—either or both of the adopters satisfy subsection (3); and\n (g) if the applicant is aged 18 or over at the time the applicant made the application—the Minister is satisfied that the applicant is of good character at the time of the Minister’s decision on the application.\n (3) An adopter satisfies this subsection if the adopter has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the applicant made the application.\n Definitions\n (4) In this section:\n\n> adoption compliance certificate:\n\n (a) for an adoption in accordance with the Hague Convention on Intercountry Adoption—has the same meaning as in the Intercountry Adoption regulations; and\n (b) for an adoption in accordance with a bilateral arrangement—has the same meaning as in the Bilateral Arrangements regulations.\n\n> Bilateral Arrangements regulations means prescribed regulations made under the Family Law Act 1975.\n\n> Convention country has the same meaning as in the Intercountry Adoption regulations.\n\n> Intercountry Adoption regulations means prescribed regulations made under the Family Law Act 1975.\n\n> prescribed overseas jurisdiction has the same meaning as in the Bilateral Arrangements regulations.\n\n#### 19D Minister’s decision\n\n (1) If a person makes an application under section 19C, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (2) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 19C(2).\n (3) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 19C(2).\n Identity\n (4) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (5) If the person is not covered by subsection (7), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (6) If the person is covered by subsection (7), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (7)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7A), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (7)(b)(ii) applies to the person—has been convicted of a national security offence.\n (7) A person is covered by this subsection if:\n (a) at the time the person made the application under section 19C, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7A) The Minister may decide that subparagraph (6)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n Cessation of citizenship\n (8) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 19E Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19F Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### Subdivision B—Citizenship by conferral\n\n#### 19G Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 7 situations:\n\n• you satisfy the general eligibility criteria and have successfully completed a citizenship test: see subsections 21(2) and (2A); or\n\n• you have a permanent or enduring physical or mental incapacity: see subsection 21(3); or\n\n• you are aged 60 or over or have a hearing, speech or sight impairment: see subsection 21(4); or\n\n• you are aged under 18: see subsection 21(5); or\n\n• you were born to a former Australian citizen: see subsection 21(6); or\n\n• you were born in Papua: see subsection 21(7); or\n\n• you are a stateless person: see subsection 21(8).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 24(3); or\n\n• national security: see subsections 24(4) to (4C); or\n\n• non‑presence in Australia: see subsection 24(5); or\n\n• offences: see subsection 24(6); or\n\n• cessation of citizenship: see subsection 24(7).\n\nYou may need to make a pledge of commitment to become an Australian citizen.\n\n#### 20 Requirements for becoming a citizen\n\n A person becomes an Australian citizen under this Subdivision if:\n (a) the Minister decides under subsection 24(1) to approve the person becoming an Australian citizen; and\n (b) if the person is required to make a pledge of commitment to become an Australian citizen—the person makes that pledge.\n\n> Note: Sections 21 to 25 deal with the Minister approving the person becoming an Australian citizen. Sections 26 and 27 deal with the making of a pledge of commitment.\n\n#### 21 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note 1: Subsections (2) to (8) deal with eligibility.\n\n> Note 2: Section 46 sets out application requirements (which may include the payment of a fee).\n\n General eligibility\n (2) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) understands the nature of an application under subsection (1); and\n (e) possesses a basic knowledge of the English language; and\n (f) has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship; and\n (g) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (h) is of good character at the time of the Minister’s decision on the application.\n (2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if the Minister is satisfied that the following apply:\n (a) the person has sat a test approved in a determination under section 23A;\n (b) the person was eligible to sit that test (worked out in accordance with that determination);\n (c) the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination;\n (d) the person successfully completed that test (worked out in accordance with that determination) within the relevant test period.\n Permanent or enduring physical or mental incapacity\n (3) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) has a permanent or enduring physical or mental incapacity, at the time the person made the application, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged 60 or over or has hearing, speech or sight impairment\n (4) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is:\n (i) aged 60 or over at the time the person made the application; or\n (ii) aged 18 or over at the time the person made the application and is suffering from a permanent loss or substantial impairment of hearing, speech or sight at that time; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) understands the nature of the application at the time the person made the application; and\n (d) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged under 18\n (5) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged under 18 at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application.\n Person born to former Australian citizen\n (6) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born outside Australia; and\n (b) a parent of the person was not an Australian citizen at the time of the person’s birth; and\n (c) the parent had ceased to be an Australian citizen under section 17 of the old Act (about dual citizenship) before that time; and\n (d) if the person is aged 18 or over at the time the person made the application—the person is of good character at the time of the Minister’s decision on the application.\n Person born in Papua\n (7) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Papua before 16 September 1975; and\n (b) a parent of the person was born in Australia (within the meaning of this Act at the time the person made the application); and\n (c) the parent was an Australian citizen at the time of the person’s birth; and\n (d) the person is of good character at the time of the Minister’s decision on the application.\n Statelessness\n (8) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Australia; and\n (b) the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (c) the person has:\n (i) never been a national of any country; and\n (ii) never been a citizen of any country; and\n (d) the person:\n (i) is not entitled to acquire the nationality of a foreign country; and\n (ii) is not entitled to acquire the citizenship of a foreign country.\n\n#### 22 General residence requirement\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:\n (a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and\n (b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and\n (c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.\n Overseas absences\n (1A) If:\n (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 12 months;\n then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.\n (1B) If:\n (a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 90 days; and\n (c) the person was a permanent resident during each period of absence;\n then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.\n Confinement in prison or psychiatric institution\n (1C) Subject to subsection (5A), the person is taken not to satisfy paragraph (1)(a) if, at any time during the 4 year period mentioned in that paragraph, the person was:\n (a) confined in a prison; or\n (b) 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.\n Partial exemption—person born in Australia or former Australian citizen\n (2) Paragraphs (1)(a) and (b) do not apply if the person:\n (a) was born in Australia; or\n (b) was an Australian citizen at any time before the person made the application.\n Ministerial discretion—administrative error\n (4A) For the purposes of paragraph (1)(b), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n (5) 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 the Minister considers the person was present in Australia during that period but, because of an administrative error, was not a permanent resident during that period.\n Ministerial discretion—confinement in prison or psychiatric institution\n (5A) The Minister may decide that subsection (1C) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—person in Australia would suffer significant hardship or disadvantage\n (6) 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:\n (a) the person was present in Australia during that period (except as a permanent resident or an unlawful non‑citizen); and\n (b) the Minister is satisfied that the person will suffer significant hardship or disadvantage if that period were not treated as one during which the person was present in Australia as a permanent resident.\n Ministerial discretion—spouse, de facto partner or surviving spouse or de facto partner of Australian citizen\n (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, the Minister may treat a period as one in which the person was present in Australia as a permanent resident if:\n (a) the person was a spouse or de facto partner of that Australian citizen during that period; and\n (b) the person was not present in Australia during that period; and\n (c) the person was a permanent resident during that period; and\n (d) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n (10) In subsection (9):\n\n> 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.\n\n Ministerial discretion—person in an interdependent relationship\n (11) If, at the time the person made the application, the person:\n (a) holds a permanent visa granted to the person because the person was in an interdependent relationship with an Australian citizen; and\n (b) is in that interdependent relationship;\n then, 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:\n (c) the person held that visa during that period and the person was in that interdependent relationship during that period; and\n (d) the person was not present in Australia during that period; and\n (e) the person was a permanent resident during that period; and\n (f) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n\n#### 22A Special residence requirement—persons engaging in activities that are of benefit to Australia\n\n (1) Subject to this section, for the purposes of section 21 a person (the applicant) satisfies the special residence requirement if:\n (a) the following apply:\n (i) the applicant is seeking to engage in an activity specified under subsection 22C(1);\n (ii) the applicant’s engagement in that activity would be of benefit to Australia;\n (iii) the applicant needs to be an Australian citizen in order to engage in that activity;\n (iv) in order for the applicant to engage in that activity, there is insufficient time for the applicant to satisfy the general residence requirement (see section 22); and\n (b) the head of an organisation specified under subsection 22C(2), or a person whom the Minister is satisfied holds a senior position in that organisation, has given the Minister a notice in writing stating that the applicant has a reasonable prospect of being engaged in that activity; and\n (c) the applicant was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the applicant made the application; and\n (d) the applicant was present in Australia for a total of at least 90 days during the period of 12 months immediately before the day the applicant made the application; and\n (e) the applicant was ordinarily resident in Australia throughout the period of 2 years immediately before the day the applicant made the application; and\n (f) the applicant was a permanent resident for the period of 2 years immediately before the day the applicant made the application; and\n (g) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 2 years immediately before the day the applicant made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the applicant if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the applicant; and\n (b) the Minister is satisfied that the applicant satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (c) the applicant was a permanent resident throughout the period of 90 days immediately before the day the applicant made the application; and\n (d) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the applicant made the application; and\n (e) the applicant has given the Minister an undertaking in a form approved by the Minister under subsection (8); and\n (f) the applicant has declared, in the undertaking, that:\n (i) if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection, the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and\n (ii) the applicant understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the applicant, then, for the purposes of section 21, the applicant is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the applicant is taken not to satisfy paragraph (1)(c) if, at any time during the 2 year period mentioned in that paragraph, the applicant was:\n (a) confined in a prison; or\n (b) 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 applicant.\n (3) The Minister may decide that subsection (2) does not apply in relation to the applicant if, taking into account the circumstances that resulted in the applicant’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the applicant.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(c), the Minister may treat a period as one in which the applicant was a permanent resident if the Minister considers that, because of an administrative error, the applicant was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(d), the Minister may treat a period as one in which the applicant was not present in Australia as an unlawful non‑citizen if the Minister considers the applicant was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(e).\n (9) If the applicant becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the applicant becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the activity covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that activity would be of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the applicant.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22B Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the special residence requirement if:\n (a) at the time the person made the application, the person is engaged in work of a kind specified under subsection 22C(3) and the person is required to regularly travel outside Australia because of that work; and\n (b) the following apply:\n (i) the person was engaged in that kind of work for a total of at least 2 years during the period of 4 years immediately before the day the person made the application;\n (ii) for the whole or part of that 4 year period when the person was engaged in that kind of work, the person regularly travelled outside Australia because of that work; and\n (c) the person was present in Australia for a total of at least 480 days during the period of 4 years immediately before the day the person made the application; and\n (d) the person was present in Australia for a total of at least 120 days during the period of 12 months immediately before the day the person made the application; and\n (e) the person was ordinarily resident in Australia throughout the period of 4 years immediately before the day the person made the application; and\n (f) the person was a permanent resident for the period of 12 months immediately before the day the person made the application; and\n (g) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 4 years immediately before the day the person made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the person if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the person; and\n (b) the Minister is satisfied that the person’s engagement in the kind of work concerned is of benefit to Australia; and\n (c) the Minister is satisfied that the person satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (d) the person was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the person made the application; and\n (e) the person was a permanent resident throughout the period of 90 days immediately before the day the person made the application; and\n (f) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the person made the application; and\n (g) the person has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the person becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection:\n (i) the person will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the person becomes an Australian citizen; and\n (ii) the person will be present in Australia for a total of at least 180 days during that 2‑year period; and\n (h) the person has declared, in the undertaking, that the person understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the person, then, for the purposes of section 21, the person is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the person is taken not to satisfy:\n (a) paragraph (1)(c) if, at any time during the 4‑year period mentioned in that paragraph; or\n (b) paragraph (1A)(d) if, at any time during the 2‑year period mentioned in that paragraph;\n the person was:\n (c) confined in a prison; or\n (d) 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.\n (3) The Minister may decide that subsection (2) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(e), the Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(f), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the person or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(g).\n (9) If the person becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the person becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the kind of work covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that kind of work is of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the person.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22C Special residence requirement—legislative instruments\n\n (1) The Minister may, by legislative instrument, specify activities for the purposes of subparagraph 22A(1)(a)(i).\n (2) The Minister may, by legislative instrument, specify organisations for the purposes of paragraph 22A(1)(b).\n (3) The Minister may, by legislative instrument, specify kinds of work for the purposes of paragraph 22B(1)(a).\n\n#### 23 Defence service requirement\n\n Person who has completed relevant defence service\n (1) For the purposes of section 21, a person satisfies the defence service requirement if the person has completed relevant defence service.\n Member of family unit of person who has completed relevant defence service etc.\n (2) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person has completed relevant defence service; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) the relative holds a visa of that kind because the relative is a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n (3) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person dies while undertaking service in the Permanent Forces or the Reserves; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) immediately before the death of the defence person, the relative held a visa of that kind because the relative was a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n Definitions\n (4) In this section:\n\n> member of the family unit of a person has the same meaning as in the Migration Act 1958.\n\n> Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.\n\n> relevant defence service: a person has completed relevant defence service if:\n\n (a) the person has undertaken a total of at least 90 days service in one or more of the Permanent Forces (whether or not that service was continuous); or\n (b) the person has undertaken a total of at least 90 days service on which he or she was required for, and attended and was entitled to be paid for, duty in one or more of the Reserves (whether or not that service was continuous); or\n (c) the person:\n (i) was discharged from service undertaken in one of the Permanent Forces or the Reserves as medically unfit for that service; and\n (ii) became so unfit because of service undertaken in any of the Permanent Forces or the Reserves.\n\n> Reserves means the Naval Reserve, the Army Reserve or the Air Force Reserve.\n\n> service: a person undertakes service in the Permanent Forces or the Reserves only if the person is appointed, enlisted or transferred into any of the Permanent Forces or the Reserves.\n\n> Note: For appointment, enlistment or transfer into any of the Permanent Forces or the Reserves, see the Defence Act 1903.\n\n#### 23A Citizenship test\n\n (1) The Minister must, by written determination, approve a test for the purposes of subsection 21(2A) (about general eligibility for citizenship).\n\n> Note: The test must be related to the eligibility criteria referred to in paragraphs 21(2)(d), (e) and (f).\n\n Successful completion of the test\n (2) A determination under subsection (1) must specify what amounts to successful completion of the test.\n Eligibility criteria for sitting the test\n (3) A determination under subsection (1) may set out the eligibility criteria a person must satisfy to be able to sit the test.\n\n> Note: The eligibility criteria for sitting the test cannot be inconsistent with this Act and in particular subsection 21(2) (about the general eligibility criteria for becoming an Australian citizen).\n\n (4) For the purposes of subsection (3), the determination may provide that a person is not eligible to sit the test unless the person is a permanent resident and the Minister is satisfied of the identity of the person.\n (5) Subsection (4) does not limit subsection (3).\n Period for sitting and completing the test\n (5A) A determination under subsection (1) may provide for the period within which a person must start the test and for the period within which a person must complete the test.\n Other matters\n (6) A determination under subsection (1) may cover any other matter related to the test the Minister thinks appropriate.\n Determination not a legislative instrument\n (7) A determination made under subsection (1) is not a legislative instrument.\n\n#### 24 Minister’s decision\n\n (1) If a person makes an application under section 21, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n\n> Note: The Minister may cancel an approval: see section 25.\n\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6), (7) or (8).\n (2) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6) or (7).\n (2A) If the Minister exercised the power under subsection 22A(1A) or 22B(1A) in relation to the person, the decision under subsection (1) of this section must be made by the Minister personally.\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (4B)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (4C), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (4B)(b)(ii) applies to the person—has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 21, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (4C) The Minister may decide that subparagraph (4A)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n (4D) To avoid doubt, subsection (4A) applies to a person who is eligible to become an Australian citizen under subsection 21(8).\n Person not present in Australia\n (5) If:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (aa) the Minister is satisfied that the person did not satisfy the special residence requirement referred to in section 22A or 22B; and\n (b) the Minister did not apply subsection 22(9) in relation to the person; and\n (c) the Minister did not apply subsection 22(11) in relation to the person;\n the Minister must not approve the person becoming an Australian citizen at a time when the person is not present in Australia.\n Offences\n (6) The Minister must not approve the person becoming an Australian citizen at a time:\n (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\n (b) when the person is confined to a prison in Australia; or\n (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\n (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\n (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\n (f) if the person:\n (i) has been released by a court from serving the whole or a part of a sentence of imprisonment; and\n (ii) has been so released because the person gave a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (g) if, in respect of proceedings for an offence against an Australian law in relation to the person:\n (i) a court does not impose a sentence of imprisonment on the person; and\n (ii) the court releases the person because the person gives a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (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.\n Cessation of citizenship\n (7) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n Statelessness\n (8) However, subsections (6) and (7) do not apply to a person covered by subsection 21(8) (about statelessness).\n\n#### 25 Minister may cancel approval\n\n (1) The Minister may, by writing, cancel an approval given to a person under section 24 if:\n (a) the person has not become an Australian citizen under section 28; and\n (b) either of the following 2 situations apply.\n Eligibility criteria not met\n (2) The first situation applies if:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (b) the Minister is satisfied that, at the time the Minister proposes to cancel the approval, the person is:\n (i) not a permanent resident; or\n (ii) not likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia; or\n (iii) not of good character.\n Failure to make pledge of commitment\n (3) The second situation applies if:\n (a) the person has failed to make a pledge of commitment within 12 months after the day on which the person received notice of the approval; and\n (b) the person’s reason for the failure is not one that is prescribed by the regulations for the purposes of this subsection.\n Cancellation of child’s approval\n (4) If:\n (a) a child aged under 16 makes an application under section 21 at a particular time; and\n (b) 1 or more responsible parents of the child make applications under section 21 at that time; and\n (c) the Minister decides under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens; and\n (d) the Minister cancels the approval given to each responsible parent;\n the Minister must, by writing, cancel the approval given to the child.\n Effect of cancellation\n (5) If the Minister cancels an approval given to a person, the approval is taken never to have been given.\n\n> Note: A person cannot become an Australian citizen under this Subdivision unless the Minister approves the person becoming an Australian citizen. This subsection has the effect that the person will need to make another application if the person wants to become an Australian citizen.\n\n#### 26 Pledge of commitment must be made\n\n (1) A person must make a pledge of commitment to become an Australian citizen unless the person:\n (a) is aged under 16 at the time the person made the application to become an Australian citizen; or\n (b) has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or\n (c) is covered by subsection 21(6), (7) or (8).\n\n> Note: See section 27 for how the pledge is to be made.\n\n (2) A person must not make a pledge of commitment before the Minister approves the person’s application to become an Australian citizen. A pledge of commitment made by the person before that time is of no effect.\n Delayed making of pledge\n (3) If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:\n (a) a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or\n (b) the person has been or may be charged with an offence under an Australian law.\n (4) The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.\n (5) The Minister may, by writing, revoke a determination.\n (6) If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. A pledge of commitment made by the person before that time is of no effect.\n\n#### 27 How pledge of commitment is to be made\n\n Form of pledge\n (1) A pledge of commitment must be made in accordance with either of the forms set out in Schedule 1.\n Prescribed arrangements\n (2) A pledge of commitment must be made in accordance with the arrangements prescribed by the regulations.\n\n> Note: The regulations may provide for a pledge of commitment to be made in public.\n\n Persons who may receive pledge\n (3) A pledge of commitment must be made before:\n (a) the Minister; or\n (b) a person authorised under subsection (4); or\n (c) a person who is included in a class of persons authorised under subsection (5).\n (4) The Minister may, by writing, authorise a person for the purposes of paragraph (3)(b).\n (5) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (3)(c).\n\n#### 28 Day citizenship begins etc.\n\n Persons required to make pledge of commitment\n (1) A person required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the person makes the pledge.\n Persons not required to make pledge of commitment\n (2) Subject to subsection (3), a person not required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n Applications made at the same time by child and responsible parents\n (3) Subsection (2) does not apply to a child aged under 16 at the time the child made the application to become an Australian citizen if:\n (a) 1 or more responsible parents of the child made applications under section 21 at that time; and\n (b) the Minister decided under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens.\n (4) If 1 or more of the responsible parents become Australian citizens under this section, the child becomes an Australian citizen on the first day on which a responsible parent becomes an Australian citizen.\n\n#### Subdivision C—Resuming citizenship\n\n#### 28A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you ceased to be an Australian citizen under this Act or the old Act.\n\nYou must make an application to become an Australian citizen again. The Minister must approve or refuse you becoming an Australian citizen again.\n\nYou must be eligible to be an Australian citizen again to be approved. You may be refused citizenship again even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 30(3); or\n\n• national security: see subsections 30(4) to (7).\n\nYou will be registered if the Minister approves you becoming an Australian citizen again.\n\n#### 29 Application and eligibility for resuming citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen again.\n\n> Note 1: Section 46 sets out application requirements (which may include the payment of a fee).\n\n> Note 2: The person may also apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under this Act\n (2) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 33 (about renunciation) in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (ii) section 36 (about children); and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n> Note 1: See also section 32 (which is about persons resuming their former citizenship status).\n\n> Note 2: A person who ceases to be an Australian citizen under section 34 or 34A may apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under old Act\n (3) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 17 (about dual citizenship) of the old Act; or\n (ii) section 18 (about renunciation) of the old Act in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (iii) section 20 (about residence outside Australia) of the old Act; or\n (iv) section 23 (about children) of the old Act; and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 30 Minister’s decision\n\n (1) If a person makes an application under section 29, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen again.\n (1A) The Minister must not approve the person becoming an Australian citizen again unless the person is eligible to become an Australian citizen again under subsection 29(2) or (3).\n (2) The Minister may refuse to approve the person becoming an Australian citizen again despite the person being eligible to become an Australian citizen again under subsection 29(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen again unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (5) If the person is covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again if the person:\n (a) if subparagraph (6)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (6)(b)(ii) applies to the person—has been convicted of a national security offence.\n (6) A person is covered by this subsection if:\n (a) at the time the person made the application under section 29, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7) The Minister may decide that subparagraph (5)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n\n#### 31 Registration\n\n If the Minister approves the person becoming an Australian citizen again, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 32 Day citizenship begins again etc.\n\n (1) A person becomes an Australian citizen again on the day on which the Minister approves the person becoming an Australian citizen again.\n Same kind of citizenship—former citizen under this Act\n (2) If the person, before ceasing to be an Australian citizen, was an Australian citizen under Subdivision A, AA or B, the person becomes an Australian citizen again under that Subdivision.\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n Same kind of citizenship—former citizen under old Act\n (3) If the person, before ceasing to be an Australian citizen, was an Australian citizen under the provision set out in column 2 of the following table, the person becomes an Australian citizen again under the provision set out in column 3 of the table.\n\n```html\n

Same kind of citizenship

Column 1
Item

Column 2
Provision under which person was a citizen

Column 3
Provision under which person becomes a citizen again

1

Section 10B, 10C or 11 of the old Act

Subdivision A of this Division

2

Division 2 of Part III of the old Act

Subdivision B of this Division

\n```\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n### Division 3—Cessation of Australian citizenship\n\n#### Subdivision A—Simplified outline of this Division\n\n#### 32A Simplified outline of this Division\n\n The following is a simplified outline of this Division:\n\nThere are 5 ways in which you can cease to be an Australian citizen:\n\n• you may renounce your Australian citizenship: see section 33; or\n\n• 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\n\n• 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\n\n• if you are the child of a responsible parent who ceases to be an Australian citizen, the Minister can revoke your citizenship in some situations: see section 36; or\n\n• if you are convicted of certain offences and an order is made by a court that you cease to be an Australian citizen: see Subdivision C (citizenship cessation).\n\n#### Subdivision B—Citizenship renunciation and revocation\n\n#### 33 Renunciation by application\n\n (1) A person may make an application to the Minister to renounce the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Minister’s decision\n (2) The Minister must, by writing, approve or refuse to approve the person renouncing his or her Australian citizenship.\n (3) Subject to this section, the Minister must approve the person renouncing his or her Australian citizenship if the Minister is satisfied that:\n (a) the person is aged 18 or over, and is a national or citizen of a foreign country, at the time the person made the application; or\n (b) the person was born, or is ordinarily resident, in a foreign country and is not entitled, under the law of that country, to acquire the nationality or citizenship of that country because the person is an Australian citizen.\n (4) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n (5) The Minister may refuse to approve the person renouncing his or her Australian citizenship if the person:\n (a) is a national or citizen of a foreign country at the time the person made the application; and\n (b) made the application during a war in which Australia is engaged.\n (6) The Minister must not approve the person renouncing his or her Australian citizenship if the Minister considers that it would not be in the interests of Australia to do so.\n (7) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person:\n (a) is a national or citizen of a foreign country immediately before the Minister’s decision on the application; or\n (b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval.\n Time citizenship ceases\n (8) If the Minister approves a person renouncing his or her Australian citizenship, the person ceases to be an Australian citizen at the time of the approval.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 34 Revocation by Minister—offences or fraud\n\n Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision A or AA of Division 2 (including because of the operation of section 32); and\n (b) either of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n Citizenship by conferral\n (2) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2 (including because of the operation of section 32); and\n (b) any of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person has, at any time after making the application to become an Australian citizen, been convicted of a serious offence within the meaning of subsection (5);\n (iii) the person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud within the meaning of subsection (6);\n (iv) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n (3) However, the Minister must not decide under subsection (2) to revoke a person’s Australian citizenship if:\n (a) the Minister may revoke the person’s Australian citizenship under that subsection only because of the application of subparagraph (2)(b)(ii); and\n (b) 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.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n Serious offence\n (5) For the purposes of this section, a person has been convicted of a serious offence if:\n (a) the person has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to death or to a serious prison sentence; and\n (b) the person committed the offence at any time before the person became an Australian citizen.\n Migration‑related fraud\n (6) For the purposes of this section, a person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud if and only if:\n (a) at any time, the person was convicted of an offence against:\n (i) section 234, 236 or 243, or former section 244 (as in force before its repeal by the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008), of the Migration Act 1958; or\n (ii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n that the person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the person’s entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia.\n (7) Subsection (6) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident.\n Third‑party fraud\n (8) For the purposes of this section, a person (the applicant) obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud if and only if:\n (a) at any time, another person was convicted of an offence against section 50 of this Act, or section 134.1, 135.2, 135.4, 136.1, 137.1, 137.2, 139.1, 141.1, 142.1, 142.2, 144.1, 145.1, 145.2, 145.4, 145.5 or 149.1 of the Criminal Code, that the other person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the Minister approving the applicant becoming an Australian citizen.\n Charge proved but no conviction\n (9) A reference in this section to a conviction of an offence:\n (a) in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; and\n (b) in relation to a law of a State or Territory or a foreign country—includes a reference to the making of an order under the corresponding provision of a law of the State or Territory or foreign country in relation to the offence.\n\n#### 34A Revocation by Minister—special residence requirements\n\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2; and\n (b) the person became an Australian citizen in circumstances where the Minister exercised the power under subsection 22A(1A) or 22B(1A); and\n (c) in a case in which the power was exercised under subsection 22A(1A)—the Minister is satisfied that the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; and\n (d) in a case in which the power was exercised under subsection 22B(1A)—the Minister is satisfied that:\n (i) the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; or\n (ii) the person will not be, or was not, present in Australia for a total of at least 180 days during that 2‑year period.\n (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.\n (3) The power under subsection (1) may only be exercised by the Minister personally.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 36 Children of responsible parents who cease to be citizens\n\n (1) If:\n (a) a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and\n (b) at the cessation time, the person is a responsible parent of a child aged under 18;\n then:\n (c) the Minister may, by writing, revoke the child’s Australian citizenship; and\n (d) if the Minister does so—the child ceases to be an Australian citizen at the time of the revocation.\n Exception—another responsible parent\n (2) If, at the cessation time, another responsible parent of the child is an Australian citizen, subsection (1) does not apply to the child:\n (a) while there is a responsible parent who is an Australian citizen; and\n (b) if there ceases to be such a responsible parent because of the death of a responsible parent—at any time after that death.\n Exception—statelessness\n (3) The Minister must not revoke a child’s Australian citizenship under subsection (1) if the Minister is satisfied that the child would then become a person who is not a national or citizen of any country.\n\n#### Subdivision C—Citizenship cessation\n\n#### 36A Purpose of this Subdivision\n\n This Subdivision is enacted because the Parliament recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia.\n\n#### 36B Cessation of citizenship if citizenship cessation order made by court etc.\n\n (1) Subject to this section, if an order is made under subsection 36C(1) in relation to a person, the person ceases to be an Australian citizen at the time the order is made.\n Order overturned or quashed\n (2) If a decision of a court overturns or quashes the order made under subsection 36C(1), the person’s citizenship is taken never to have ceased under subsection (1) of this section.\n (3) The validity of anything done in reliance on the order made under subsection 36C(1) before the order was overturned or quashed is not affected.\n Appeal decision\n (4) If:\n (a) a decision (the first decision) of a court overturning or quashing the order made under subsection 36C(1) in relation to the person is appealed; and\n (b) the decision (the second decision) on appeal overturns or quashes the first decision;\n the person ceases to be an Australian citizen at the time the second decision is made.\n\n#### 36C Citizenship cessation order if person is convicted of serious offence\n\n (1) If:\n (a) a person is convicted of one or more serious offences; and\n (b) the court has decided to impose on the person, in respect of the conviction or convictions, a period of imprisonment that is at least 3 years or periods of imprisonment that total at least 3 years; and\n (c) before the court imposes the sentence or sentences on the person in respect of the conviction or convictions, the Minister makes an application under subsection 36D(1) for an order to be made under this subsection in relation to the person; and\n (d) the court is satisfied of the matters specified in subsection (4) of this section;\n the court may, when imposing such a period or periods of imprisonment on the person in respect of the conviction or convictions, also order at that time as part of the sentence or sentences that the person ceases to be an Australian citizen.\n\n> Note: Subsections (5) and (6) set out, without limitation, matters the court must have regard to in deciding whether to make an order under this subsection.\n\n (2) However, the court must not make an order under subsection (1) in relation to the person if the court is satisfied that the person would, if the court were to make the order, become a person who is not a national or citizen of any country.\n Serious offence\n (3) A serious offence is an offence against any of the following provisions:\n (a) a provision of Subdivision A of Division 72 of the Criminal Code (explosives and lethal devices);\n (b) a provision of Subdivision B of Division 80 of the Criminal Code (treason);\n (c) section 83.1 of the Criminal Code (advocating mutiny);\n (d) a provision of Division 91 of the Criminal Code (espionage);\n (e) a provision of Division 92 of the Criminal Code (foreign interference);\n (f) a provision of Part 5.3 of the Criminal Code (terrorism), other than the following provisions:\n (i) section 102.8;\n (ii) Division 104;\n (iii) Division 105;\n (iv) section 105A.7D;\n (v) section 105A.18B;\n (fa) a provision of Part 5.3A of the Criminal Code (state sponsors of terrorism), other than section 112.7;\n (g) a provision of Part 5.5 of the Criminal Code (foreign incursions and recruitment).\n Court to be satisfied of certain matters etc.\n (4) For the purposes of paragraph (1)(d), the matters are the following:\n (a) the person is aged 14 or over;\n (b) the person is an Australian citizen;\n (c) the person’s conduct to which the conviction or convictions relate is so serious and significant that it demonstrates that the person has repudiated their allegiance to Australia.\n (5) In deciding whether the court is satisfied of the matter referred to in paragraph (4)(c) in relation to the person’s conduct, the court must have regard to the following matters:\n (a) whether the conduct to which the conviction or convictions relate demonstrates a repudiation of the values, democratic beliefs, rights and liberties that underpin Australian society;\n (b) the degree, duration or scale of the person’s commitment to, or involvement in, the conduct to which the conviction or convictions relate;\n (c) the intended scale of the conduct to which the conviction or convictions relate;\n (d) the actual impact of the conduct to which the conviction or convictions relate;\n (e) whether the conduct to which the conviction or convictions relate caused, or was intended to cause, harm to human life or a loss of human life.\n (6) In deciding whether to make an order under subsection (1) in relation to the person, the court must have regard to the following matters:\n (a) if the person is a child aged under 18—the best interests of the child;\n (b) if the person has any dependent children in Australia—the best interests of those children;\n (c) the person’s connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person.\n (7) Subsection (6) does not limit the matters to which the court may have regard in deciding whether to make an order under subsection (1) in relation to the person.\n Concurrent sentences\n (8) If:\n (a) a person has been convicted of 2 or more serious offences; and\n (b) a court has decided to impose on the person, in respect of the conviction or convictions, 2 or more periods of imprisonment to be served concurrently (whether in whole or in part);\n then, for the purposes of subsection (1), the whole of each period is to be counted in working out the total of those periods.\n\n> Note: Example: A person is convicted of 2 serious offences and a court has decided to impose on the person in respect of the convictions 2 periods of 2 years imprisonment to be served concurrently. For the purposes of subsection (1), the total period of imprisonment is 4 years.\n\n References to period of imprisonment\n (9) For the purposes of subsection (1):\n (a) a reference to a period of imprisonment in that subsection does not include a period of imprisonment that is suspended; and\n (b) a reference to a period of imprisonment in that subsection includes a reference to a single sentence of imprisonment that a court has decided to impose in respect of both one or more serious offences and one or more other offences.\n Other matters\n (10) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n (11) Part IB of the Crimes Act 1914 (which deals with sentencing, imprisonment and release of federal offenders) does not apply in relation to an order under this section.\n\n#### 36D Application by the Minister for a citizenship cessation order\n\n (1) The Minister may make an application for an order to be made by a court under subsection 36C(1) in relation to a person.\n (2) The application may be made before or after the person is convicted of one or more serious offences but must be made before the person is sentenced.\n Consultation with the Foreign Affairs Minister\n (3) Before the Minister makes the application, the Minister must consult the Foreign Affairs Minister.\n Matters relating to the application\n (4) The application must include the following matters:\n (a) information about the person’s age;\n (b) information about the person’s Australian citizenship;\n (c) information about the person’s nationality or citizenship of other countries.\n (5) The application:\n (a) must be made in the jury’s absence; and\n (b) must not be referred to in the presence of the jury; and\n (c) must only be heard after the person is convicted of one or more serious offences.\n Notice of application\n (6) The Minister must give the person written notice of the application as soon as practicable after the application is made. The Minister may also give written notice of the application to such other persons as the Minister considers appropriate.\n (7) Section 47 (notification of decisions) does not apply to a decision of the Minister to make the application.\n Australian citizens to which this section applies\n (8) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n\n#### 36L No resumption of citizenship if citizenship ceases under this Subdivision\n\n If a person ceases to be an Australian citizen under this Subdivision, Divisions 1 and 2 of this Part do not apply in relation to the person after that cessation.\n\n> Note: See section 36B for when a person ceases to be an Australian citizen.\n\n### Division 4—Evidence of Australian citizenship\n\n#### 37 Evidence of Australian citizenship\n\n (1) A person may make an application to the Minister for evidence of the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Notice\n (2) The Minister may give the person a notice stating that the person is an Australian citizen at a particular time.\n (3) The notice must:\n (a) be in a form prescribed by the regulations; and\n (b) contain any other matter prescribed by the regulations.\n Identity\n (4) The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n Evidentiary status\n (5) A notice is prima facie evidence of the matters in the notice.\n Cancellation\n (6) The Minister may, by writing, cancel a notice given to a person under this section.\n\n#### 38 Surrender of physical evidentiary notice\n\n Request for surrender\n (1) If:\n (a) the Minister makes a decision under section 34 or 34A to revoke a person’s Australian citizenship; and\n (b) at the time of the revocation, there is in force a notice under section 37 in relation to the person; and\n (c) the notice was given to the person in a physical form;\n the Minister may request the person to surrender the notice to the Minister.\n (2) If the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37 and the notice was given to the person in a physical form, the Minister may request the person to surrender the notice to the Minister.\n Form of request\n (3) A request given to a person under subsection (1) or (2) must:\n (a) be made in writing; and\n (b) specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and\n (c) specify how the person is to surrender the notice to the Minister; and\n (d) contain a statement to the effect that a failure to comply with the request is an offence.\n Offence\n (4) A person commits an offence if:\n (a) the person is given a request that is in accordance with this section; and\n (b) the person fails to comply with the request.\n\nPenalty for contravention of this subsection: 10 penalty units.\n\n#### 39 Altering evidentiary notice\n\n A person commits an offence if:\n (a) the person alters, or causes or permits to be altered, a notice; and\n (b) the notice was given to a person under section 37.\n\nPenalty: Imprisonment for 12 months.\n\n### Division 5—Personal identifiers\n\n#### Subdivision A—Obtaining personal identifiers\n\n#### 40 Request for personal identifiers\n\n (1) For the purposes of the Minister being satisfied of the identity of:\n (a) a person in relation to an application under this Part; or\n (b) a person who has sought to sit a test approved in a determination under section 23A;\n the following persons may request the person, in writing, to provide one or more specified personal identifiers:\n (c) the Minister;\n (d) a person authorised under subsection (3);\n (e) a person who is included in a class of persons authorised under subsection (4).\n Form of request\n (2) A request must inform the person of the matters prescribed by the regulations.\n Authorisations\n (3) The Minister may, by writing, authorise a person for the purposes of paragraph (1)(d).\n (4) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (1)(e).\n\n#### 41 Provision of personal identifiers\n\n The regulations may prescribe the procedures and requirements that apply to the provision of a personal identifier by a person under this Division.\n\n#### Subdivision B—Obligations relating to identifying information\n\n#### 42 Accessing identifying information\n\n (1) A person commits an offence if:\n (a) the person accesses identifying information; and\n (b) the person is not authorised under this section to access the identifying information for the purpose for which the person accessed it.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) This section does not apply if the person believes on reasonable grounds that the access is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n (2) This section does not apply if the access is through:\n (a) a disclosure that is a permitted disclosure within the meaning of section 43; or\n (b) a disclosure to which section 43 does not apply because of the operation of subsection 43(1A).\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Authorisation\n (3) The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.\n (4) The Minister must specify in an authorisation under subsection (3), as the purpose or purposes for which access is authorised, one or more of the following purposes:\n (a) either or both of the purposes set out in paragraph 10(2)(c);\n (b) disclosing identifying information in accordance with this Division;\n (c) administering or managing the storage of identifying information;\n (d) making identifying information available to the person to whom it relates;\n (e) modifying identifying information to enable it to be matched with other identifying information;\n (f) modifying identifying information in order to correct errors or ensure compliance with appropriate standards;\n (g) the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act;\n (h) complying with Australian laws.\n\n#### 43 Disclosing identifying information\n\n (1) A person commits an offence if:\n (a) the person’s conduct causes disclosure of identifying information; and\n (b) the disclosure is not a permitted disclosure.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure;\n this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person.\n\n> Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: Australian Privacy Principle 6 may apply to further disclosures of that identifying information by a person who is not an entrusted person.\n\n (1B) This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).\n\n (2) A permitted disclosure is a disclosure that:\n (b) is for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; or\n (c) is for the purpose of administering or managing the storage of identifying information; or\n (d) is for the purpose of making the identifying information in question available to the person to whom it relates; or\n (da) is to an agency of the Commonwealth, a State or a Territory in order to verify that a person is an Australian citizen; or\n (e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or\n (ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth, a State or a Territory; or\n (eb) is required by an Australian law; or\n (f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or\n (g) is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or\n (h) takes place with the written consent of the person to whom the identifying information in question relates.\n\n#### 44 Unauthorised modification or impairment of identifying information\n\n Unauthorised modification\n (1) A person commits an offence if:\n (a) the person causes any unauthorised modification of identifying information; and\n (b) the person intends to cause the modification; and\n (c) the person knows that the modification is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Unauthorised impairment\n (2) A person commits an offence if:\n (a) the person causes any unauthorised impairment of:\n (i) the reliability of identifying information; or\n (ii) the security of the storage of identifying information; or\n (iii) the operation of a system by which identifying information is stored; and\n (b) the person intends to cause the impairment; and\n (c) the person knows that the impairment is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Exception\n (2A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure within the meaning of section 43;\n this section does not apply in relation to any modification or impairment of that identifying information by a person who is not an entrusted person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n Interpretation\n (3) In this section:\n (a) modification of identifying information; or\n (b) impairment of the reliability of identifying information; or\n (c) impairment of the security of the storage of identifying information; or\n (d) impairment of the operation of a system by which identifying information is stored;\n by a person is unauthorised if the person is not entitled to cause that modification or impairment.\n (4) Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.\n (5) For the purposes of this section, a person causes any such unauthorised modification or impairment if the person’s conduct substantially contributes to it.\n (6) For the purposes of subsection (3), if:\n (a) a person causes any modification or impairment of a kind mentioned in that subsection; and\n (b) the person does so under a warrant issued under an Australian law;\n the person is entitled to cause that modification or impairment.\n\n#### 45 Destroying identifying information\n\n (1) A person commits an offence if:\n (a) the person is the responsible person for identifying information; and\n (b) the person fails to destroy the identifying information as soon as practicable after the person is no longer required under the Archives Act 1983 to keep the identifying information.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n> Note: See section 24 of the Archives Act 1983 on the obligation to keep the identifying information.\n\n (2) This section does not apply if the identifying information is:\n (a) a personal identifier that is any of the following:\n (i) a measurement of a person’s height and weight;\n (ii) a photograph or other image of a person’s face;\n (iii) a person’s signature; or\n (b) identifying information derived from or relating to such a personal identifier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Definitions\n (3) For the purposes of this section, the responsible person for identifying information is:\n (a) if the identifying information is stored on a database—the person who has day‑to‑day control of the database; or\n (b) otherwise—the person who has day‑to‑day responsibility for the system under which the identifying information is stored.\n (4) For the purposes of this section, identifying information is destroyed if:\n (a) in the case of identifying information that is a personal identifier—it is physically destroyed; and\n (b) in any other case—any means of identifying it with the person to whom it relates is destroyed.\n (5) For the purposes of this section, a database is a discrete body of information stored by electronic means, containing:\n (a) indexes of persons who have provided personal identifiers in accordance with a request under this Division; and\n (b) their identifying information.\n\n## Part 3—Other matters\n\n### Division 1—Bogus documents\n\n#### 45A Prohibition on, and forfeiture of, bogus documents\n\n (1) A person (whether a citizen or non‑citizen) must not give a bogus document to the Minister, a person acting under a delegation or authorisation of the Minister, a tribunal or any other person or body performing a function or purpose under, or in relation to, this Act (the official), or cause such a document to be so given.\n (2) A bogus document given in contravention of subsection (1) is forfeited to the Commonwealth.\n\n#### 45B Seizure of bogus documents\n\n (1) If the Minister reasonably suspects that a document is forfeited under subsection 45A(2), then the Minister may seize the document.\n (2) As soon as practicable after seizing the document, the Minister must give written notice of the seizure to the person who gave the document to the official under subsection 45A(1).\n (3) The notice must:\n (a) identify the document; and\n (b) state that the document has been seized; and\n (c) specify the reason for the seizure; and\n (d) state that the document will be condemned as forfeited unless the person institutes proceedings against the Commonwealth before the end of the period specified in the notice:\n (i) to recover the document; or\n (ii) for a declaration that the document is not forfeited.\n (4) For the purposes of paragraph (3)(d), the period must:\n (a) start on the date of the notice; and\n (b) end 90 days after that date.\n\n#### 45C Document condemned as forfeited\n\n (1) If a document is seized under subsection 45B(1), then:\n (a) the person who gave the document to the official under subsection 45A(1); and\n (b) if that person is not the owner of the document—the owner;\n may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction:\n (c) to recover the document; or\n (d) for a declaration that the document is not forfeited.\n (2) The proceedings:\n (a) may be instituted even if the seizure notice required to be given under subsection 45B(2) in relation to the document has not yet been given; and\n (b) may only be instituted before the end of the period specified in the seizure notice.\n (3) If, before the end of the period specified in the seizure notice, the person or owner does not institute the proceedings, the document is condemned as forfeited to the Commonwealth immediately after the end of that period.\n (4) If, before the end of the period specified in the seizure notice, the person or owner does institute the proceedings, the document is condemned as forfeited to the Commonwealth at the end of the proceedings unless there is:\n (a) an order for the person or owner to recover the document; or\n (b) a declaration that the document is not forfeited.\n (5) For the purposes of subsection (4), if the proceedings go to judgment, they end:\n (a) if no appeal against the judgment is lodged within the period for lodging such an appeal—at the end of that period; or\n (b) if an appeal against the judgment is lodged within that period—when the appeal lapses or is finally determined.\n\n#### 45D Dealing with a document after it is condemned as forfeited\n\n (1) If, under section 45C, a document is condemned as forfeited to the Commonwealth, it must be dealt with or disposed of (including by being given to another person) in accordance with any direction given by the Minister.\n (2) If the Minister considers that the document may be relevant to proceedings in a court or tribunal, then the Minister:\n (a) must give a direction for the safe keeping of the document; and\n (b) must authorise access to the document for the purposes of those proceedings.\n (3) A direction given under this section is not a legislative instrument.\n\n### Division 2—Other\n\n#### 46 Application requirements\n\n (1) An application under a provision of this Act must:\n (a) be on the relevant form approved by the Minister for the purposes of that provision; and\n (b) contain the information required by the form; and\n (c) be accompanied by any other information or documents prescribed by the regulations; and\n (d) be accompanied by the fee (if any) prescribed by the regulations.\n (1AA) However, paragraphs (1)(a) and (b) do not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed by the regulations; and\n (b) contains the information prescribed by the regulations.\n (1A) For applications made under section 21 by persons who, in order to be eligible to become an Australian citizen under subsection 21(2), must have sat a test approved in a determination under section 23A, the fee prescribed by the regulations may include a component that relates to the sitting of that test.\n Approval of forms\n (2) The Minister may, by writing, approve one or more forms for the purposes of a provision of this Act under which an application may be made.\n\n> Note: For example, there are 2 ways to become an Australian citizen by descent under section 16\\. The Minister may approve 1 form for the purposes of that section or may approve 2 different forms.\n\n Children aged under 16\n (2A) An application under a provision of this Act by a child aged under 16 must be set out:\n (a) on a form that contains no other application; or\n (b) on a form that also contains an application by 1 responsible parent of the child.\n (2B) However, subsection (2A) does not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed under paragraph (1AA)(a) of this section; and\n (b) contains the information prescribed under paragraph (1AA)(b) of this section.\n Remission, refund or waiver of fees\n (3) The regulations may make provision for and in relation to the remission, refund or waiver of any fees of a kind referred to in paragraph (1)(d).\n\n#### 47 Notification of decisions\n\n (1) If the Minister makes a decision under this Act in relation to a person, the Minister must give the person notice of the decision.\n Child\n (2) If the person is a child, the Minister satisfies the requirement in subsection (1) if the Minister gives a parent of the child notice of the decision.\n Reasons for adverse decision\n (3) If the decision is an adverse decision, the notice must include the reasons for the decision.\n Form of notice\n (4) The Minister must give the notice in the manner prescribed by the regulations (which includes electronic form).\n Procedural defect does not affect validity of decision\n (5) A failure to comply with subsection (3) or (4) does not affect the validity of the decision.\n\n#### 48 Computerised decision‑making\n\n Computer‑based decisions\n (1) The Minister may, by writing, arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under this Act or the regulations:\n (a) make a decision; or\n (b) exercise any power or comply with any obligation; or\n (c) do anything else related to making a decision or exercising a power or complying with an obligation.\n (2) The Minister is taken to have:\n (a) made a decision; or\n (b) exercised a power or complied with an obligation; or\n (c) done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;\n that was made, exercised, complied with or done by the operation of a computer program under such an arrangement.\n Minister may substitute his or her own decision\n (3) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under such an arrangement if:\n (a) a notice under section 49 relates to the computer program and to the initial decision; and\n (b) the notice states that the computer program was not functioning correctly; and\n (c) the substituted decision could have been made under the same provision of this Act or the regulations as the initial decision; and\n (d) the substituted decision is more favourable to the applicant.\n (4) The Minister does not have a duty to consider whether to exercise the power under subsection (3) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (5) Subsection (3) has effect despite any law of the Commonwealth, or any rule of common law, to the contrary effect.\n Exceptions\n (5A) This section does not apply in relation to anything done under Subdivision C of Division 3 of Part 2 (citizenship cessation).\n Arrangement not a legislative instrument\n (6) An arrangement under subsection (1) is not a legislative instrument.\n\n#### 49 Evidence of whether computer program is functioning correctly\n\n Issue of notices\n (1) In citizenship proceedings, a notice signed by an authorised person stating whether or not a specified computer program was functioning correctly:\n (a) at a specified time or during a specified period; and\n (b) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 48(1);\n is prima facie evidence of the matters stated in the notice.\n Ministerial authorisations\n (2) The Minister may, by writing, authorise a person to issue notices under this section.\n (3) The Minister may, by legislative instrument, authorise a class of persons to issue notices under this section.\n Definitions\n (4) In this section:\n\n> authorised person means:\n\n (a) an APS employee in the Department; or\n (b) a person authorised under subsection (2) to issue notices under this section; or\n (c) any person who is included in a class of persons authorised under subsection (3) to issue notices under this section.\n\n> citizenship proceedings means:\n\n (a) proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or\n (b) proceedings that relate to an application for review under section 52.\n\n> functioning correctly: a computer program is functioning correctly if:\n\n (a) outcomes from its operation comply with this Act and the regulations; and\n (b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.\n\n#### 50 False statements or representations\n\n (1) A person commits an offence if:\n (a) the person makes, or causes or permits to be made, a representation or statement; and\n (b) the person does so knowing that the representation or statement is false or misleading in a material particular; and\n (c) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n (2) A person commits an offence if:\n (a) the person conceals, or causes or permits to be concealed, a material circumstance; and\n (b) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n#### 51 Geographical jurisdiction for offences\n\n Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act.\n\n#### 51A Things seized under Crimes Act search warrant and information about such things\n\n (1) This section applies to the following:\n (a) a thing seized (warrant material) under a search warrant issued under Division 2 of Part 1AA of the Crimes Act 1914;\n (b) information (warrant information) that is about, or obtained from, warrant material.\n (2) A constable or Commonwealth officer who, under subsection 3ZQU(1) of the Crimes Act 1914, may use or make available warrant material, is authorised to make available warrant material or warrant information:\n (a) to a person covered by subsection (4); and\n (b) for a purpose mentioned in subsection (3).\n (3) A person covered by subsection (4) is authorised to receive and use warrant material and warrant information, or make it available to another person covered by subsection (4), for the following purposes:\n (a) making a decision, or assisting in making a decision, to approve or refuse to approve a person becoming an Australian citizen;\n (b) making a decision, or assisting in making a decision, to revoke a person’s Australian citizenship;\n (c) making a decision, or assisting in making a decision, to cancel an approval given to a person under section 24.\n\n> Note: Subsection 3ZQU(4) of the Crimes Act 1914 contemplates that another law of the Commonwealth may require or authorise the use or making available of a document or other thing to persons, or for purposes, in addition to those listed in subsection 3ZQU(1) of that Act.\n\n (4) The following persons are covered by this subsection:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department whose duties include making decisions, or assisting in making decisions, in relation to Australian citizenship.\n\n#### 51B Reports to Parliament\n\n (1) As soon as practicable after a reporting period ends, the Minister must table a report in each House of the Parliament that sets out the number of applications made under section 36D to which both of the following apply:\n (a) the applications were made during the reporting period to which the report relates or during an earlier reporting period;\n (b) the applications relate to persons who, during the reporting period to which the report relates, were convicted and sentenced for one or more serious offences.\n (2) The report must not contain information, or content of a document, if:\n (a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010); or\n (b) the disclosure of the information or content would or might prejudice:\n (i) the security, defence or international relations of Australia; or\n (ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions; or\n (c) the disclosure of the information or content would or might endanger a person’s safety; or\n (d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.\n (3) In this section:\n\n> reporting period means:\n\n (a) the period of 12 months beginning on the day the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 commences; or\n (b) each subsequent 12‑month period.\n\n#### 52 Review of decisions\n\n (1) An application may be made to the Administrative Review Tribunal for review of the following decisions:\n (a) a decision under section 17 to refuse to approve a person becoming an Australian citizen;\n (aa) a decision under section 19D to refuse to approve a person becoming an Australian citizen;\n (b) a decision under section 24 to refuse to approve a person becoming an Australian citizen;\n (c) a decision under section 25 to cancel an approval given to a person under section 24;\n (d) a decision under section 30 to refuse to approve a person becoming an Australian citizen again;\n (e) a decision under section 33 to refuse to approve a person renouncing his or her Australian citizenship, except a refusal because of the operation of subsection 33(5) (about war);\n (f) a decision under section 34 or subsection 36(1) to revoke a person’s Australian citizenship;\n (g) a decision under section 37 to refuse to give a person a notice stating that the person is an Australian citizen at a particular time.\n Citizenship by conferral decision\n (2) However, if:\n (a) the Minister makes a decision under section 24 to refuse to approve a person becoming an Australian citizen; and\n (b) the Minister’s reasons for the decision did not refer to the eligibility ground in subsection 21(8) (about statelessness); and\n (c) the person was aged 18 or over at the time the person made the application to become an Australian citizen;\n a person (the applicant) cannot apply for review of that decision unless the applicant is a permanent resident.\n (3) For the purposes of the Administrative Review Tribunal reviewing a decision of a kind referred to in paragraph (1)(b):\n (a) the Tribunal must not exercise the power under subsection 22A(1A) or 22B(1A); and\n (b) the Tribunal must not review any exercise of the power or any failure to exercise the power.\n\n#### 53 Delegation\n\n (1) The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act or the regulations.\n (2) However, subsection (1) does not apply in relation to the function under subsection 23A(1) (about approval of citizenship test) or the power under section 36D (about application for citizenship cessation order).\n\n#### 54 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":37},{"sectionNumber":"19G","sectionType":"section","heading":"Simplified outline","content":"#### 19G Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 7 situations:\n\n• you satisfy the general eligibility criteria and have successfully completed a citizenship test: see subsections 21(2) and (2A); or\n\n• you have a permanent or enduring physical or mental incapacity: see subsection 21(3); or\n\n• you are aged 60 or over or have a hearing, speech or sight impairment: see subsection 21(4); or\n\n• you are aged under 18: see subsection 21(5); or\n\n• you were born to a former Australian citizen: see subsection 21(6); or\n\n• you were born in Papua: see subsection 21(7); or\n\n• you are a stateless person: see subsection 21(8).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 24(3); or\n\n• national security: see subsections 24(4) to (4C); or\n\n• non‑presence in Australia: see subsection 24(5); or\n\n• offences: see subsection 24(6); or\n\n• cessation of citizenship: see subsection 24(7).\n\nYou may need to make a pledge of commitment to become an Australian citizen.","sortOrder":38},{"sectionNumber":"20","sectionType":"section","heading":"Requirements for becoming a citizen","content":"#### 20 Requirements for becoming a citizen\n\n A person becomes an Australian citizen under this Subdivision if:\n (a) the Minister decides under subsection 24(1) to approve the person becoming an Australian citizen; and\n (b) if the person is required to make a pledge of commitment to become an Australian citizen—the person makes that pledge.\n\n> Note: Sections 21 to 25 deal with the Minister approving the person becoming an Australian citizen. Sections 26 and 27 deal with the making of a pledge of commitment.","sortOrder":39},{"sectionNumber":"21","sectionType":"section","heading":"Application and eligibility for citizenship","content":"#### 21 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note 1: Subsections (2) to (8) deal with eligibility.\n\n> Note 2: Section 46 sets out application requirements (which may include the payment of a fee).\n\n General eligibility\n (2) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) understands the nature of an application under subsection (1); and\n (e) possesses a basic knowledge of the English language; and\n (f) has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship; and\n (g) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (h) is of good character at the time of the Minister’s decision on the application.\n (2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if the Minister is satisfied that the following apply:\n (a) the person has sat a test approved in a determination under section 23A;\n (b) the person was eligible to sit that test (worked out in accordance with that determination);\n (c) the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination;\n (d) the person successfully completed that test (worked out in accordance with that determination) within the relevant test period.\n Permanent or enduring physical or mental incapacity\n (3) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) has a permanent or enduring physical or mental incapacity, at the time the person made the application, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged 60 or over or has hearing, speech or sight impairment\n (4) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is:\n (i) aged 60 or over at the time the person made the application; or\n (ii) aged 18 or over at the time the person made the application and is suffering from a permanent loss or substantial impairment of hearing, speech or sight at that time; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) understands the nature of the application at the time the person made the application; and\n (d) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged under 18\n (5) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged under 18 at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application.\n Person born to former Australian citizen\n (6) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born outside Australia; and\n (b) a parent of the person was not an Australian citizen at the time of the person’s birth; and\n (c) the parent had ceased to be an Australian citizen under section 17 of the old Act (about dual citizenship) before that time; and\n (d) if the person is aged 18 or over at the time the person made the application—the person is of good character at the time of the Minister’s decision on the application.\n Person born in Papua\n (7) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Papua before 16 September 1975; and\n (b) a parent of the person was born in Australia (within the meaning of this Act at the time the person made the application); and\n (c) the parent was an Australian citizen at the time of the person’s birth; and\n (d) the person is of good character at the time of the Minister’s decision on the application.\n Statelessness\n (8) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Australia; and\n (b) the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (c) the person has:\n (i) never been a national of any country; and\n (ii) never been a citizen of any country; and\n (d) the person:\n (i) is not entitled to acquire the nationality of a foreign country; and\n (ii) is not entitled to acquire the citizenship of a foreign country.","sortOrder":40},{"sectionNumber":"22","sectionType":"section","heading":"General residence requirement","content":"#### 22 General residence requirement\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:\n (a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and\n (b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and\n (c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.\n Overseas absences\n (1A) If:\n (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 12 months;\n then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.\n (1B) If:\n (a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 90 days; and\n (c) the person was a permanent resident during each period of absence;\n then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.\n Confinement in prison or psychiatric institution\n (1C) Subject to subsection (5A), the person is taken not to satisfy paragraph (1)(a) if, at any time during the 4 year period mentioned in that paragraph, the person was:\n (a) confined in a prison; or\n (b) 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.\n Partial exemption—person born in Australia or former Australian citizen\n (2) Paragraphs (1)(a) and (b) do not apply if the person:\n (a) was born in Australia; or\n (b) was an Australian citizen at any time before the person made the application.\n Ministerial discretion—administrative error\n (4A) For the purposes of paragraph (1)(b), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n (5) 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 the Minister considers the person was present in Australia during that period but, because of an administrative error, was not a permanent resident during that period.\n Ministerial discretion—confinement in prison or psychiatric institution\n (5A) The Minister may decide that subsection (1C) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—person in Australia would suffer significant hardship or disadvantage\n (6) 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:\n (a) the person was present in Australia during that period (except as a permanent resident or an unlawful non‑citizen); and\n (b) the Minister is satisfied that the person will suffer significant hardship or disadvantage if that period were not treated as one during which the person was present in Australia as a permanent resident.\n Ministerial discretion—spouse, de facto partner or surviving spouse or de facto partner of Australian citizen\n (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, the Minister may treat a period as one in which the person was present in Australia as a permanent resident if:\n (a) the person was a spouse or de facto partner of that Australian citizen during that period; and\n (b) the person was not present in Australia during that period; and\n (c) the person was a permanent resident during that period; and\n (d) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n (10) In subsection (9):\n\n> 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.\n\n Ministerial discretion—person in an interdependent relationship\n (11) If, at the time the person made the application, the person:\n (a) holds a permanent visa granted to the person because the person was in an interdependent relationship with an Australian citizen; and\n (b) is in that interdependent relationship;\n then, 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:\n (c) the person held that visa during that period and the person was in that interdependent relationship during that period; and\n (d) the person was not present in Australia during that period; and\n (e) the person was a permanent resident during that period; and\n (f) the Minister is satisfied that the person had a close and continuing association with Australia during that period.","sortOrder":41},{"sectionNumber":"22A","sectionType":"section","heading":"Special residence requirement—persons engaging in activities that are of benefit to Australia","content":"#### 22A Special residence requirement—persons engaging in activities that are of benefit to Australia\n\n (1) Subject to this section, for the purposes of section 21 a person (the applicant) satisfies the special residence requirement if:\n (a) the following apply:\n (i) the applicant is seeking to engage in an activity specified under subsection 22C(1);\n (ii) the applicant’s engagement in that activity would be of benefit to Australia;\n (iii) the applicant needs to be an Australian citizen in order to engage in that activity;\n (iv) in order for the applicant to engage in that activity, there is insufficient time for the applicant to satisfy the general residence requirement (see section 22); and\n (b) the head of an organisation specified under subsection 22C(2), or a person whom the Minister is satisfied holds a senior position in that organisation, has given the Minister a notice in writing stating that the applicant has a reasonable prospect of being engaged in that activity; and\n (c) the applicant was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the applicant made the application; and\n (d) the applicant was present in Australia for a total of at least 90 days during the period of 12 months immediately before the day the applicant made the application; and\n (e) the applicant was ordinarily resident in Australia throughout the period of 2 years immediately before the day the applicant made the application; and\n (f) the applicant was a permanent resident for the period of 2 years immediately before the day the applicant made the application; and\n (g) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 2 years immediately before the day the applicant made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the applicant if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the applicant; and\n (b) the Minister is satisfied that the applicant satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (c) the applicant was a permanent resident throughout the period of 90 days immediately before the day the applicant made the application; and\n (d) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the applicant made the application; and\n (e) the applicant has given the Minister an undertaking in a form approved by the Minister under subsection (8); and\n (f) the applicant has declared, in the undertaking, that:\n (i) if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection, the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and\n (ii) the applicant understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the applicant, then, for the purposes of section 21, the applicant is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the applicant is taken not to satisfy paragraph (1)(c) if, at any time during the 2 year period mentioned in that paragraph, the applicant was:\n (a) confined in a prison; or\n (b) 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 applicant.\n (3) The Minister may decide that subsection (2) does not apply in relation to the applicant if, taking into account the circumstances that resulted in the applicant’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the applicant.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(c), the Minister may treat a period as one in which the applicant was a permanent resident if the Minister considers that, because of an administrative error, the applicant was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(d), the Minister may treat a period as one in which the applicant was not present in Australia as an unlawful non‑citizen if the Minister considers the applicant was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(e).\n (9) If the applicant becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the applicant becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the activity covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that activity would be of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the applicant.\n (11) A determination under subsection (1A) is not a legislative instrument.","sortOrder":42},{"sectionNumber":"22B","sectionType":"section","heading":"Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia","content":"#### 22B Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the special residence requirement if:\n (a) at the time the person made the application, the person is engaged in work of a kind specified under subsection 22C(3) and the person is required to regularly travel outside Australia because of that work; and\n (b) the following apply:\n (i) the person was engaged in that kind of work for a total of at least 2 years during the period of 4 years immediately before the day the person made the application;\n (ii) for the whole or part of that 4 year period when the person was engaged in that kind of work, the person regularly travelled outside Australia because of that work; and\n (c) the person was present in Australia for a total of at least 480 days during the period of 4 years immediately before the day the person made the application; and\n (d) the person was present in Australia for a total of at least 120 days during the period of 12 months immediately before the day the person made the application; and\n (e) the person was ordinarily resident in Australia throughout the period of 4 years immediately before the day the person made the application; and\n (f) the person was a permanent resident for the period of 12 months immediately before the day the person made the application; and\n (g) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 4 years immediately before the day the person made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the person if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the person; and\n (b) the Minister is satisfied that the person’s engagement in the kind of work concerned is of benefit to Australia; and\n (c) the Minister is satisfied that the person satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (d) the person was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the person made the application; and\n (e) the person was a permanent resident throughout the period of 90 days immediately before the day the person made the application; and\n (f) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the person made the application; and\n (g) the person has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the person becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection:\n (i) the person will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the person becomes an Australian citizen; and\n (ii) the person will be present in Australia for a total of at least 180 days during that 2‑year period; and\n (h) the person has declared, in the undertaking, that the person understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the person, then, for the purposes of section 21, the person is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the person is taken not to satisfy:\n (a) paragraph (1)(c) if, at any time during the 4‑year period mentioned in that paragraph; or\n (b) paragraph (1A)(d) if, at any time during the 2‑year period mentioned in that paragraph;\n the person was:\n (c) confined in a prison; or\n (d) 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.\n (3) The Minister may decide that subsection (2) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(e), the Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(f), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the person or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(g).\n (9) If the person becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the person becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the kind of work covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that kind of work is of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the person.\n (11) A determination under subsection (1A) is not a legislative instrument.","sortOrder":43},{"sectionNumber":"22C","sectionType":"section","heading":"Special residence requirement—legislative instruments","content":"#### 22C Special residence requirement—legislative instruments\n\n (1) The Minister may, by legislative instrument, specify activities for the purposes of subparagraph 22A(1)(a)(i).\n (2) The Minister may, by legislative instrument, specify organisations for the purposes of paragraph 22A(1)(b).\n (3) The Minister may, by legislative instrument, specify kinds of work for the purposes of paragraph 22B(1)(a).","sortOrder":44},{"sectionNumber":"23","sectionType":"section","heading":"Defence service requirement","content":"#### 23 Defence service requirement\n\n Person who has completed relevant defence service\n (1) For the purposes of section 21, a person satisfies the defence service requirement if the person has completed relevant defence service.\n Member of family unit of person who has completed relevant defence service etc.\n (2) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person has completed relevant defence service; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) the relative holds a visa of that kind because the relative is a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n (3) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person dies while undertaking service in the Permanent Forces or the Reserves; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) immediately before the death of the defence person, the relative held a visa of that kind because the relative was a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n Definitions\n (4) In this section:\n\n> member of the family unit of a person has the same meaning as in the Migration Act 1958.\n\n> Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.\n\n> relevant defence service: a person has completed relevant defence service if:\n\n (a) the person has undertaken a total of at least 90 days service in one or more of the Permanent Forces (whether or not that service was continuous); or\n (b) the person has undertaken a total of at least 90 days service on which he or she was required for, and attended and was entitled to be paid for, duty in one or more of the Reserves (whether or not that service was continuous); or\n (c) the person:\n (i) was discharged from service undertaken in one of the Permanent Forces or the Reserves as medically unfit for that service; and\n (ii) became so unfit because of service undertaken in any of the Permanent Forces or the Reserves.\n\n> Reserves means the Naval Reserve, the Army Reserve or the Air Force Reserve.\n\n> service: a person undertakes service in the Permanent Forces or the Reserves only if the person is appointed, enlisted or transferred into any of the Permanent Forces or the Reserves.\n\n> Note: For appointment, enlistment or transfer into any of the Permanent Forces or the Reserves, see the Defence Act 1903.","sortOrder":45},{"sectionNumber":"23A","sectionType":"section","heading":"Citizenship test","content":"#### 23A Citizenship test\n\n (1) The Minister must, by written determination, approve a test for the purposes of subsection 21(2A) (about general eligibility for citizenship).\n\n> Note: The test must be related to the eligibility criteria referred to in paragraphs 21(2)(d), (e) and (f).\n\n Successful completion of the test\n (2) A determination under subsection (1) must specify what amounts to successful completion of the test.\n Eligibility criteria for sitting the test\n (3) A determination under subsection (1) may set out the eligibility criteria a person must satisfy to be able to sit the test.\n\n> Note: The eligibility criteria for sitting the test cannot be inconsistent with this Act and in particular subsection 21(2) (about the general eligibility criteria for becoming an Australian citizen).\n\n (4) For the purposes of subsection (3), the determination may provide that a person is not eligible to sit the test unless the person is a permanent resident and the Minister is satisfied of the identity of the person.\n (5) Subsection (4) does not limit subsection (3).\n Period for sitting and completing the test\n (5A) A determination under subsection (1) may provide for the period within which a person must start the test and for the period within which a person must complete the test.\n Other matters\n (6) A determination under subsection (1) may cover any other matter related to the test the Minister thinks appropriate.\n Determination not a legislative instrument\n (7) A determination made under subsection (1) is not a legislative instrument.","sortOrder":46},{"sectionNumber":"24","sectionType":"section","heading":"Minister’s decision","content":"#### 24 Minister’s decision\n\n (1) If a person makes an application under section 21, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n\n> Note: The Minister may cancel an approval: see section 25.\n\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6), (7) or (8).\n (2) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6) or (7).\n (2A) If the Minister exercised the power under subsection 22A(1A) or 22B(1A) in relation to the person, the decision under subsection (1) of this section must be made by the Minister personally.\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (4B)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (4C), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (4B)(b)(ii) applies to the person—has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 21, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (4C) The Minister may decide that subparagraph (4A)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n (4D) To avoid doubt, subsection (4A) applies to a person who is eligible to become an Australian citizen under subsection 21(8).\n Person not present in Australia\n (5) If:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (aa) the Minister is satisfied that the person did not satisfy the special residence requirement referred to in section 22A or 22B; and\n (b) the Minister did not apply subsection 22(9) in relation to the person; and\n (c) the Minister did not apply subsection 22(11) in relation to the person;\n the Minister must not approve the person becoming an Australian citizen at a time when the person is not present in Australia.\n Offences\n (6) The Minister must not approve the person becoming an Australian citizen at a time:\n (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\n (b) when the person is confined to a prison in Australia; or\n (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\n (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\n (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\n (f) if the person:\n (i) has been released by a court from serving the whole or a part of a sentence of imprisonment; and\n (ii) has been so released because the person gave a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (g) if, in respect of proceedings for an offence against an Australian law in relation to the person:\n (i) a court does not impose a sentence of imprisonment on the person; and\n (ii) the court releases the person because the person gives a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (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.\n Cessation of citizenship\n (7) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n Statelessness\n (8) However, subsections (6) and (7) do not apply to a person covered by subsection 21(8) (about statelessness).","sortOrder":47},{"sectionNumber":"25","sectionType":"section","heading":"Minister may cancel approval","content":"#### 25 Minister may cancel approval\n\n (1) The Minister may, by writing, cancel an approval given to a person under section 24 if:\n (a) the person has not become an Australian citizen under section 28; and\n (b) either of the following 2 situations apply.\n Eligibility criteria not met\n (2) The first situation applies if:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (b) the Minister is satisfied that, at the time the Minister proposes to cancel the approval, the person is:\n (i) not a permanent resident; or\n (ii) not likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia; or\n (iii) not of good character.\n Failure to make pledge of commitment\n (3) The second situation applies if:\n (a) the person has failed to make a pledge of commitment within 12 months after the day on which the person received notice of the approval; and\n (b) the person’s reason for the failure is not one that is prescribed by the regulations for the purposes of this subsection.\n Cancellation of child’s approval\n (4) If:\n (a) a child aged under 16 makes an application under section 21 at a particular time; and\n (b) 1 or more responsible parents of the child make applications under section 21 at that time; and\n (c) the Minister decides under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens; and\n (d) the Minister cancels the approval given to each responsible parent;\n the Minister must, by writing, cancel the approval given to the child.\n Effect of cancellation\n (5) If the Minister cancels an approval given to a person, the approval is taken never to have been given.\n\n> Note: A person cannot become an Australian citizen under this Subdivision unless the Minister approves the person becoming an Australian citizen. This subsection has the effect that the person will need to make another application if the person wants to become an Australian citizen.","sortOrder":48},{"sectionNumber":"26","sectionType":"section","heading":"Pledge of commitment must be made","content":"#### 26 Pledge of commitment must be made\n\n (1) A person must make a pledge of commitment to become an Australian citizen unless the person:\n (a) is aged under 16 at the time the person made the application to become an Australian citizen; or\n (b) has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or\n (c) is covered by subsection 21(6), (7) or (8).\n\n> Note: See section 27 for how the pledge is to be made.\n\n (2) A person must not make a pledge of commitment before the Minister approves the person’s application to become an Australian citizen. A pledge of commitment made by the person before that time is of no effect.\n Delayed making of pledge\n (3) If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:\n (a) a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or\n (b) the person has been or may be charged with an offence under an Australian law.\n (4) The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.\n (5) The Minister may, by writing, revoke a determination.\n (6) If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. A pledge of commitment made by the person before that time is of no effect.","sortOrder":49},{"sectionNumber":"27","sectionType":"section","heading":"How pledge of commitment is to be made","content":"#### 27 How pledge of commitment is to be made\n\n Form of pledge\n (1) A pledge of commitment must be made in accordance with either of the forms set out in Schedule 1.\n Prescribed arrangements\n (2) A pledge of commitment must be made in accordance with the arrangements prescribed by the regulations.\n\n> Note: The regulations may provide for a pledge of commitment to be made in public.\n\n Persons who may receive pledge\n (3) A pledge of commitment must be made before:\n (a) the Minister; or\n (b) a person authorised under subsection (4); or\n (c) a person who is included in a class of persons authorised under subsection (5).\n (4) The Minister may, by writing, authorise a person for the purposes of paragraph (3)(b).\n (5) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (3)(c).","sortOrder":50},{"sectionNumber":"28","sectionType":"section","heading":"Day citizenship begins etc.","content":"#### 28 Day citizenship begins etc.\n\n Persons required to make pledge of commitment\n (1) A person required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the person makes the pledge.\n Persons not required to make pledge of commitment\n (2) Subject to subsection (3), a person not required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n Applications made at the same time by child and responsible parents\n (3) Subsection (2) does not apply to a child aged under 16 at the time the child made the application to become an Australian citizen if:\n (a) 1 or more responsible parents of the child made applications under section 21 at that time; and\n (b) the Minister decided under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens.\n (4) If 1 or more of the responsible parents become Australian citizens under this section, the child becomes an Australian citizen on the first day on which a responsible parent becomes an Australian citizen.","sortOrder":51},{"sectionNumber":"Subdivision C","sectionType":"subdivision","heading":"Resuming citizenship","content":"An Act relating to Australian citizenship\n\nPreamble\n\n The Parliament recognises that 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.\n The Parliament recognises that persons conferred Australian citizenship enjoy these rights and undertake to accept these obligations:\n (a) by pledging loyalty to Australia and its people; and\n (b) by sharing their democratic beliefs; and\n (c) by respecting their rights and liberties; and\n (d) by upholding and obeying the laws of Australia.\n\nThe Parliament of Australia enacts:\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Citizenship Act 2007.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

15 March 2007

2. Sections 2A to 54

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01653)

3. Schedule 1

At the same time as the provisions covered by table item 2.

1 July 2007

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 2A Simplified outline\n\n The following is a simplified outline of this Act:\n\nWhat this Act covers\n\nThis Act sets out how you become an Australian citizen, the circumstances in which you may cease to be a citizen and some other matters related to citizenship.\n\nBecoming an Australian citizen\n\nThere are a range of ways you can become an Australian citizen.\n\nAcquiring citizenship automatically\n\nGenerally, you become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born.\n\nThere are some other, less common, ways of automatically becoming a citizen.\n\nDivision 1 of Part 2 has details about acquiring citizenship automatically.\n\nAlso, if you were a citizen under the old Act immediately before the day that this section commences, you will continue to be a citizen: see subsection 4(1).\n\nAcquiring citizenship by application\n\nThe other way to become an Australian citizen is to apply to the Minister. This is covered by Division 2 of Part 2\\. There are 4 situations in which you can apply for citizenship.\n\nThe first is citizenship by descent. Generally, you would apply for this if you were born outside Australia and one or both of your parents were Australian citizens when you were born. Citizenship by descent is covered by Subdivision A.\n\nThe second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA.\n\nThe third is citizenship by conferral. Generally, you would need to be a permanent resident and willing to make a pledge of commitment to apply for citizenship by conferral. You may need to successfully complete a citizenship test. There are some less common circumstances in which you can apply for citizenship by conferral. Citizenship by conferral is covered by Subdivision B.\n\nThe fourth is resuming citizenship. In certain cases where you previously ceased to be an Australian citizen, you can apply for your citizenship to resume. Resuming citizenship is covered by Subdivision C.\n\nThe Minister must be satisfied of your identity for you to acquire citizenship by application. Rules about identification are in Division 5 of Part 2.\n\nThe Minister may be required to refuse your application on national security grounds.\n\nCeasing to be an Australian citizen\n\nThere are a number of ways that you can cease to be an Australian citizen.\n\nYou can renounce your citizenship.\n\nIf you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances.\n\nThere are some other, less common, ways of ceasing to be a citizen.\n\nDivision 3 of Part 2 has details about ceasing to be a citizen.\n\nEvidence that a person is an Australian citizen\n\nYou can apply to the Minister for evidence of your Australian citizenship. This is covered by Division 4 of Part 2.\n\n#### 3 Definitions\n\n In this Act:\n\n> adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> artificial conception procedure includes:\n\n (a) artificial insemination; and\n (b) the implantation of an embryo in the body of a woman.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian citizen has the meaning given by section 4.\n\n> Australian law means a law of the Commonwealth, a State or a Territory.\n\n> bogus document has the same meaning as in subsection 5(1) of the Migration Act 1958.\n\n> child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:\n\n (a) an adopted child, stepchild or exnuptial child of the person;\n (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n\n> citizenship law means:\n\n (a) this Act; and\n (b) the regulations; and\n (c) any legislative instrument made under this Act or the regulations.\n\n> commencement day means the day on which sections 2A to 54 (as originally enacted) commence.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> disclose, in relation to identifying information that is a personal identifier provided under Division 5 of Part 2, includes provide unauthorised access to the personal identifier.\n\n> Note: Section 42 deals with authorised access to identifying information.\n\n> entrusted person means:\n\n (a) the Secretary of the Department; or\n (b) an APS employee in the Department; or\n (c) a person engaged under section 74 of the Public Service Act 1999 by the Secretary of the Department; or\n (d) a person engaged by the Commonwealth, the Minister, the Secretary of the Department, or by an APS employee in the Department, to do work for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act.\n\n> Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> foreign law means a law of a foreign country.\n\n> identifying information means the following:\n\n (a) any personal identifier provided under Division 5 of Part 2;\n (b) any meaningful identifier derived from any such personal identifier;\n (c) any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier;\n (d) any other information derived from:\n (i) any such personal identifier; or\n (ii) any meaningful identifier derived from any such personal identifier; or\n (iii) any record of a kind referred to in paragraph (c);\n that could be used to discover a particular person’s identity or to get information about a particular person.\n\n> national security offence means:\n\n (b) an offence against Division 72 of the Criminal Code; or\n (c) an offence against Part 5.1 of the Criminal Code (treason and related offences) other than section 83.4 (interference with political rights and duties); or\n (ca) an offence against Division 91 of the Criminal Code (espionage); or\n (cb) an offence against Part 5.3 or 5.3A (terrorism), or 5.3B (prohibited hate groups), of the Criminal Code; or\n (d) an offence against the Australian Security Intelligence Organisation Act 1979; or\n (e) an offence against the Intelligence Services Act 2001; or\n (f) an offence covered by a determination in force under section 6A.\n\n> New Guinea:\n\n (a) has the same meaning as the Territory of New Guinea had in the Papua New Guinea Act 1949 immediately before 16 September 1975; and\n (b) in relation to any time before 4 June 1969—includes a reference to the Island of Nauru.\n\n> old Act means the Australian Citizenship Act 1948 as in force at any time before the commencement day.\n\n> ordinarily resident: a person is taken to be ordinarily resident in a country if and only if:\n\n (a) he or she has his or her home in that country; or\n (b) that country is the country of his or her permanent abode even if he or she is temporarily absent from that country.\n However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.\n\n> Papua has the same meaning as the Territory of Papua had in the Papua New Guinea Act 1949 immediately before 16 September 1975.\n\n> permanent resident has the meaning given by section 5.\n\n> permanent visa has the same meaning as in the Migration Act 1958.\n\n> personal identifier has the meaning given by section 10.\n\n> prison includes any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon the person because of that conviction.\n\n> psychiatric institution includes a psychiatric section of a hospital.\n\n> qualified security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> responsible parent has the meaning given by section 6.\n\n> serious offence has the meaning given by subsection 36C(3).\n\n> serious prison sentence means a sentence of imprisonment for a period of at least 12 months.\n\n> serious repeat offender: a person is a serious repeat offender in relation to a serious prison sentence if the sentence was imposed on the person for an offence committed by the person at a time after the person ceased to be confined in prison because of the imposition of another serious prison sentence.\n\n> special category visa has the same meaning as in the Migration Act 1958.\n\n> special purpose visa has the same meaning as in the Migration Act 1958.\n\n> Stateless Persons Convention means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954 \\[1974\\] ATS 20.\n\n> Note: The text of the Convention is set out in Australian Treaty Series 1974 No. 20\\. In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person’s stepchild except that the person is not legally married to the person’s de facto partner.\n\n> unlawful non‑citizen has the same meaning as in the Migration Act 1958.\n\n> visa has the same meaning as in the Migration Act 1958.\n\n#### 4 Australian citizen\n\n (1) For the purposes of this Act, Australian citizen means a person who:\n (a) is an Australian citizen under Division 1 or 2 of Part 2; or\n (b) satisfies both of the following:\n (i) the person was an Australian citizen under the Australian Citizenship Act 1948 immediately before the commencement day;\n (ii) the person has not ceased to be an Australian citizen under this Act.\n Citizenship under the old Act\n (2) If, under this Act, it is necessary to work out if a person was an Australian citizen at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 5 Permanent resident\n\n (1) For the purposes of this Act, a person is a permanent resident at a particular time if and only if:\n (a) the person is present in Australia at that time and holds a permanent visa at that time; or\n (b) both:\n (i) the person is not present in Australia at that time and holds a permanent visa at that time; and\n (ii) the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia; or\n (c) the person is covered by a determination in force under subsection (2) at that time.\n (2) The Minister may, by legislative instrument, determine that:\n (a) persons who hold a special category visa or a special purpose visa; or\n (b) persons who have held a special category visa; or\n (c) persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands;\n and who satisfy specified requirements are, or are during a specified period, persons to whom this subsection applies.\n Permanent resident under the old Act\n (3) If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 6 Responsible parent\n\n (1) For the purposes of this Act, a person is a responsible parent in relation to a child if and only if:\n (a) the person is a parent of the child except where, because of orders made under the Family Law Act 1975, the person no longer has any parental responsibility for the child; or\n (b) under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or\n (c) under a parenting order the person has parental responsibility for the child’s long‑term or day‑to‑day care, welfare and development (whether or not the person is a parent of the child); or\n (d) the person (whether or not a parent of the child) has guardianship or custody of the child, jointly or otherwise, under an Australian law or a foreign law, whether because of adoption, operation of law, an order of a court or otherwise.\n (1A) In paragraph (1)(a):\n\n> parental responsibility has the same meaning as in Part VII of the Family Law Act 1975.\n\n (2) Expressions used in paragraphs (1)(b) and (c) have the same meaning as in the Family Law Act 1975.\n\n#### 6A National security offences\n\n (1) The Minister may, by legislative instrument, determine that:\n (a) an offence against a specified provision of a specified Australian law or a specified foreign law; or\n (b) an offence against an Australian law or a foreign law involving specified conduct;\n is a national security offence for the purposes of paragraph (f) of the definition of national security offence in section 3.\n (2) A determination under subsection (1) applies in relation to:\n (a) applications made under this Act after the determination takes effect; and\n (b) applications made under this Act before the determination takes effect that have not been decided before the determination takes effect.\n\n#### 7 Children born on ships or aircraft or after death of parent\n\n Persons born on ships or aircraft\n (1) For the purposes of this Act:\n (a) a person born on a ship or aircraft registered in Australia or a foreign country is taken to have been born at the place at which the ship or aircraft is registered; and\n (b) a person born on a ship or aircraft not registered in Australia or a foreign country and belonging to the government of a country is taken to have been born in that country.\n Persons born after death of parent\n (2) For the purposes of this Act, the status of a parent of a person at the time of the person’s birth is, for a parent who died before the birth, taken to be the status of the parent when the parent died.\n\n#### 8 Children born as a result of artificial conception procedures or surrogacy arrangements\n\n (1) This section applies if a child is:\n (a) a child of a person under section 60H or 60HB of the Family Law Act 1975; and\n (b) either:\n (i) a child of the person’s spouse or de facto partner under that section; or\n (ii) a biological child of the person’s spouse or de facto partner.\n (2) The child is taken for the purposes of this Act:\n (a) to be the child of the person and the spouse or de facto partner; and\n (b) not to be the child of anyone else.\n\n#### 9 Confinement in prison or psychiatric institution\n\n Confinement in prison\n (1) For the purposes of this Act, the period during which a person is confined to a prison includes a period:\n (a) during which the person is an escapee from the prison; or\n (b) during which the person is undergoing a sentence of periodic detention in the prison.\n (2) For the purposes of this Act, the period during which a person is confined to a prison does not include a period during which the person has been so confined by reason only of the person serving a sentence relating to a conviction that is later quashed.\n Confinement in psychiatric institution\n (3) For the purposes of this Act, the period during which a person is confined in a psychiatric institution by order of a court includes a period during which the person is an escapee from the institution.\n\n#### 10 Personal identifiers\n\n (1) For the purposes of this Act, a personal identifier is any of the following (including any of the following in digital form):\n (a) fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies);\n (b) a measurement of a person’s height and weight;\n (c) a photograph or other image of a person’s face;\n\nNote: See section 10A.\n\n (d) an iris scan;\n (e) a person’s signature;\n (f) any other identifier prescribed by the regulations (except an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914).\n (2) Before the Governor‑General makes regulations for the purposes of paragraph (1)(f) prescribing an identifier, the Minister must be satisfied that:\n (a) obtaining the identifier would not involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914; and\n (b) the identifier is an image of, or a measurement or recording of, an external part of the body; and\n (c) obtaining the identifier is necessary for either or both of the following purposes:\n (i) assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2 or seeking to sit a test approved in a determination under section 23A;\n (ii) combating document and identity fraud in citizenship matters;\n\n#### 10A References to photograph or other image of person’s face\n\n A reference in the citizenship law to a photograph or other image of a person’s face includes a reference to a photograph or other image of:\n (a) the person’s face and all or part of the person’s neck; or\n (b) the person’s face and neck and all or part of the person’s shoulders.\n\n#### 10B Providing photographs and other images of faces to the Minister or authorised persons\n\n (1) This section applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to the Minister; and\n (b) for the purposes of that requirement:\n (i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (2) This section also applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to a person mentioned in paragraph 40(1)(d) or (e); and\n (b) for the purposes of that requirement:\n (i) the person provides to a person mentioned in paragraph 40(1)(d) or (e) (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (3) For the purposes of the citizenship law, the person is taken to provide the derived image to the recipient for the purposes of the requirement mentioned in paragraph (1)(a) or (2)(a) of this section.\n\n#### 11 Operation of Act\n\n External Territories\n (1) This Act extends to the external Territories.\n Application outside Australia\n (2) This Act extends unless the contrary intention appears:\n (a) to acts, omissions, matters and things outside Australia; and\n (b) to all persons, irrespective of their nationality or citizenship.\n State and Territory laws\n (3) It is the intention of the Parliament that this Act apply to the exclusion of any provisions of a law of a State or Territory that provide for Australian citizenship (whether the law was made before or after the commencement day).\n\n## Part 2—Australian citizenship\n\n### Division 1—Automatic acquisition of Australian citizenship\n\n#### 11A Simplified outline\n\n The following is a simplified outline of this Division:\n\nThe most common way you become an Australian citizen under this Division is by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of your birth.\n\nThere are some other, less common, ways of becoming an Australian citizen under this Division. These cover:\n\n• citizenship by being born in Australia and by being ordinarily resident in Australia for the next 10 years: see section 12; and\n\n• citizenship by adoption: see section 13; and\n\n• citizenship for abandoned children: see section 14; and\n\n• citizenship by incorporation of territory: see section 15.\n\n#### 12 Citizenship by birth\n\n (1) A person born in Australia is an Australian citizen if and only if:\n (a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or\n (b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.\n Enemy occupation\n (2) However, a person is not an Australian citizen under this section if, at the time the person is born:\n (a) a parent of the person is an enemy alien; and\n (b) the place of the birth is under occupation by the enemy;\n unless, at that time, the other parent of the person:\n (c) is an Australian citizen or a permanent resident; and\n (d) is not an enemy alien.\n\n#### 13 Citizenship by adoption\n\n A person is an Australian citizen if the person is:\n (a) adopted under a law in force in a State or Territory; and\n (b) adopted by a person who is an Australian citizen at the time of the adoption or by 2 persons jointly at least one of whom is an Australian citizen at that time; and\n (c) present in Australia as a permanent resident at that time.\n\n#### 14 Citizenship for abandoned children\n\n A person is an Australian citizen if the person is found abandoned in Australia as a child, unless and until the contrary is proved.\n\n#### 15 Citizenship by incorporation of Territory\n\n (1) A person is an Australian citizen if:\n (a) any territory becomes a part of Australia; and\n (b) the person is included in a class of persons specified in a determination under this section.\n Determination\n (2) The Minister may, by legislative instrument, determine that specified classes of persons are Australian citizens from a specified day because of their connection with that territory.\n Day citizenship begins\n (3) The person becomes an Australian citizen on that day.\n Retrospective application of instruments\n (4) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the instrument.\n\n### Division 2—Acquisition of Australian citizenship by application\n\n#### Subdivision A—Citizenship by descent\n\n#### 15A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 2 situations:\n\n• you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth: see subsection 16(2); or\n\n• you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949: see subsection 16(3).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 17(3); or\n\n• national security: see subsections 17(4) to (4B); or\n\n• cessation of citizenship: see subsection 17(5).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\nYou 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.\n\n#### 16 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Persons born outside Australia on or after 26 January 1949\n (2) A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person was an Australian citizen at the time of the birth; and\n (b) if the parent was an Australian citizen under this Subdivision or Subdivision AA, or section 10B, 10C or 11 of the old Act (about citizenship by descent), at the time of the birth:\n (i) the parent has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the person made the application; or\n (ii) the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n Persons born outside Australia or New Guinea before 26 January 1949\n (3) A person born outside Australia or New Guinea before 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person became an Australian citizen on 26 January 1949; and\n (b) the parent was born in Australia or New Guinea or was naturalised in Australia before the person’s birth; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 17 Minister’s decision\n\n (1) If a person makes an application under section 16, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n (2) Subject to this section, the Minister must approve the person becoming an Australian citizen if the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 16, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) at the time of the person’s birth, the person had a parent who was an Australian citizen.\n Cessation of citizenship\n (5) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 18 Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19 Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### 19A When a person does not become a citizen despite the Minister’s approval\n\n Despite section 19, a person does not become an Australian citizen under this Subdivision, even if the Minister approves the person becoming an Australian citizen, unless:\n (a) if the person was born on or after 26 January 1949—a parent of the person was an Australian citizen at the time of the person’s birth; or\n (b) if the person was born before 26 January 1949—a parent of the person became an Australian citizen on 26 January 1949.\n\n#### Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n\n#### 19B Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia by at least one Australian citizen in accordance with:\n\n(a) the Hague Convention on Intercountry Adoption; or\n\n(b) a bilateral arrangement.\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 19D(4); or\n\n• national security: see subsections 19D(5) to (7A); or\n\n• cessation of citizenship: see subsection 19D(8).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\n#### 19C Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Eligibility\n (2) A person (the applicant) is eligible to become an Australian citizen if:\n (a) the applicant is adopted in a Convention country or a prescribed overseas jurisdiction by:\n (i) a person (the adopter) who is an Australian citizen at time of the adoption; or\n (ii) 2 persons jointly, only one of whom (the adopter) is an Australian citizen at the time of the adoption; or\n (iii) 2 persons jointly, both of whom (the adopters) are Australian citizens at the time of the adoption; and\n (b) an adoption compliance certificate issued in that country is in force for the adoption; and\n (c) under the Intercountry Adoption regulations or the Bilateral Arrangements regulations, as applicable, the adoption is recognised and effective for the laws of the Commonwealth and each State and Territory; and\n (d) the legal relationship between the applicant and the individuals who were, immediately before the adoption, the applicant’s parents has been terminated; and\n (e) if subparagraph (a)(i) or (ii) applies and the adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—the adopter satisfies subsection (3); and\n (f) if subparagraph (a)(iii) applies and each adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—either or both of the adopters satisfy subsection (3); and\n (g) if the applicant is aged 18 or over at the time the applicant made the application—the Minister is satisfied that the applicant is of good character at the time of the Minister’s decision on the application.\n (3) An adopter satisfies this subsection if the adopter has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the applicant made the application.\n Definitions\n (4) In this section:\n\n> adoption compliance certificate:\n\n (a) for an adoption in accordance with the Hague Convention on Intercountry Adoption—has the same meaning as in the Intercountry Adoption regulations; and\n (b) for an adoption in accordance with a bilateral arrangement—has the same meaning as in the Bilateral Arrangements regulations.\n\n> Bilateral Arrangements regulations means prescribed regulations made under the Family Law Act 1975.\n\n> Convention country has the same meaning as in the Intercountry Adoption regulations.\n\n> Intercountry Adoption regulations means prescribed regulations made under the Family Law Act 1975.\n\n> prescribed overseas jurisdiction has the same meaning as in the Bilateral Arrangements regulations.\n\n#### 19D Minister’s decision\n\n (1) If a person makes an application under section 19C, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (2) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 19C(2).\n (3) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 19C(2).\n Identity\n (4) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (5) If the person is not covered by subsection (7), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (6) If the person is covered by subsection (7), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (7)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7A), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (7)(b)(ii) applies to the person—has been convicted of a national security offence.\n (7) A person is covered by this subsection if:\n (a) at the time the person made the application under section 19C, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7A) The Minister may decide that subparagraph (6)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n Cessation of citizenship\n (8) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 19E Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19F Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### Subdivision B—Citizenship by conferral\n\n#### 19G Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 7 situations:\n\n• you satisfy the general eligibility criteria and have successfully completed a citizenship test: see subsections 21(2) and (2A); or\n\n• you have a permanent or enduring physical or mental incapacity: see subsection 21(3); or\n\n• you are aged 60 or over or have a hearing, speech or sight impairment: see subsection 21(4); or\n\n• you are aged under 18: see subsection 21(5); or\n\n• you were born to a former Australian citizen: see subsection 21(6); or\n\n• you were born in Papua: see subsection 21(7); or\n\n• you are a stateless person: see subsection 21(8).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 24(3); or\n\n• national security: see subsections 24(4) to (4C); or\n\n• non‑presence in Australia: see subsection 24(5); or\n\n• offences: see subsection 24(6); or\n\n• cessation of citizenship: see subsection 24(7).\n\nYou may need to make a pledge of commitment to become an Australian citizen.\n\n#### 20 Requirements for becoming a citizen\n\n A person becomes an Australian citizen under this Subdivision if:\n (a) the Minister decides under subsection 24(1) to approve the person becoming an Australian citizen; and\n (b) if the person is required to make a pledge of commitment to become an Australian citizen—the person makes that pledge.\n\n> Note: Sections 21 to 25 deal with the Minister approving the person becoming an Australian citizen. Sections 26 and 27 deal with the making of a pledge of commitment.\n\n#### 21 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note 1: Subsections (2) to (8) deal with eligibility.\n\n> Note 2: Section 46 sets out application requirements (which may include the payment of a fee).\n\n General eligibility\n (2) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) understands the nature of an application under subsection (1); and\n (e) possesses a basic knowledge of the English language; and\n (f) has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship; and\n (g) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (h) is of good character at the time of the Minister’s decision on the application.\n (2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if the Minister is satisfied that the following apply:\n (a) the person has sat a test approved in a determination under section 23A;\n (b) the person was eligible to sit that test (worked out in accordance with that determination);\n (c) the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination;\n (d) the person successfully completed that test (worked out in accordance with that determination) within the relevant test period.\n Permanent or enduring physical or mental incapacity\n (3) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) has a permanent or enduring physical or mental incapacity, at the time the person made the application, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged 60 or over or has hearing, speech or sight impairment\n (4) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is:\n (i) aged 60 or over at the time the person made the application; or\n (ii) aged 18 or over at the time the person made the application and is suffering from a permanent loss or substantial impairment of hearing, speech or sight at that time; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) understands the nature of the application at the time the person made the application; and\n (d) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged under 18\n (5) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged under 18 at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application.\n Person born to former Australian citizen\n (6) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born outside Australia; and\n (b) a parent of the person was not an Australian citizen at the time of the person’s birth; and\n (c) the parent had ceased to be an Australian citizen under section 17 of the old Act (about dual citizenship) before that time; and\n (d) if the person is aged 18 or over at the time the person made the application—the person is of good character at the time of the Minister’s decision on the application.\n Person born in Papua\n (7) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Papua before 16 September 1975; and\n (b) a parent of the person was born in Australia (within the meaning of this Act at the time the person made the application); and\n (c) the parent was an Australian citizen at the time of the person’s birth; and\n (d) the person is of good character at the time of the Minister’s decision on the application.\n Statelessness\n (8) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Australia; and\n (b) the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (c) the person has:\n (i) never been a national of any country; and\n (ii) never been a citizen of any country; and\n (d) the person:\n (i) is not entitled to acquire the nationality of a foreign country; and\n (ii) is not entitled to acquire the citizenship of a foreign country.\n\n#### 22 General residence requirement\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:\n (a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and\n (b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and\n (c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.\n Overseas absences\n (1A) If:\n (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 12 months;\n then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.\n (1B) If:\n (a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 90 days; and\n (c) the person was a permanent resident during each period of absence;\n then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.\n Confinement in prison or psychiatric institution\n (1C) Subject to subsection (5A), the person is taken not to satisfy paragraph (1)(a) if, at any time during the 4 year period mentioned in that paragraph, the person was:\n (a) confined in a prison; or\n (b) 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.\n Partial exemption—person born in Australia or former Australian citizen\n (2) Paragraphs (1)(a) and (b) do not apply if the person:\n (a) was born in Australia; or\n (b) was an Australian citizen at any time before the person made the application.\n Ministerial discretion—administrative error\n (4A) For the purposes of paragraph (1)(b), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n (5) 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 the Minister considers the person was present in Australia during that period but, because of an administrative error, was not a permanent resident during that period.\n Ministerial discretion—confinement in prison or psychiatric institution\n (5A) The Minister may decide that subsection (1C) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—person in Australia would suffer significant hardship or disadvantage\n (6) 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:\n (a) the person was present in Australia during that period (except as a permanent resident or an unlawful non‑citizen); and\n (b) the Minister is satisfied that the person will suffer significant hardship or disadvantage if that period were not treated as one during which the person was present in Australia as a permanent resident.\n Ministerial discretion—spouse, de facto partner or surviving spouse or de facto partner of Australian citizen\n (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, the Minister may treat a period as one in which the person was present in Australia as a permanent resident if:\n (a) the person was a spouse or de facto partner of that Australian citizen during that period; and\n (b) the person was not present in Australia during that period; and\n (c) the person was a permanent resident during that period; and\n (d) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n (10) In subsection (9):\n\n> 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.\n\n Ministerial discretion—person in an interdependent relationship\n (11) If, at the time the person made the application, the person:\n (a) holds a permanent visa granted to the person because the person was in an interdependent relationship with an Australian citizen; and\n (b) is in that interdependent relationship;\n then, 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:\n (c) the person held that visa during that period and the person was in that interdependent relationship during that period; and\n (d) the person was not present in Australia during that period; and\n (e) the person was a permanent resident during that period; and\n (f) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n\n#### 22A Special residence requirement—persons engaging in activities that are of benefit to Australia\n\n (1) Subject to this section, for the purposes of section 21 a person (the applicant) satisfies the special residence requirement if:\n (a) the following apply:\n (i) the applicant is seeking to engage in an activity specified under subsection 22C(1);\n (ii) the applicant’s engagement in that activity would be of benefit to Australia;\n (iii) the applicant needs to be an Australian citizen in order to engage in that activity;\n (iv) in order for the applicant to engage in that activity, there is insufficient time for the applicant to satisfy the general residence requirement (see section 22); and\n (b) the head of an organisation specified under subsection 22C(2), or a person whom the Minister is satisfied holds a senior position in that organisation, has given the Minister a notice in writing stating that the applicant has a reasonable prospect of being engaged in that activity; and\n (c) the applicant was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the applicant made the application; and\n (d) the applicant was present in Australia for a total of at least 90 days during the period of 12 months immediately before the day the applicant made the application; and\n (e) the applicant was ordinarily resident in Australia throughout the period of 2 years immediately before the day the applicant made the application; and\n (f) the applicant was a permanent resident for the period of 2 years immediately before the day the applicant made the application; and\n (g) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 2 years immediately before the day the applicant made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the applicant if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the applicant; and\n (b) the Minister is satisfied that the applicant satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (c) the applicant was a permanent resident throughout the period of 90 days immediately before the day the applicant made the application; and\n (d) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the applicant made the application; and\n (e) the applicant has given the Minister an undertaking in a form approved by the Minister under subsection (8); and\n (f) the applicant has declared, in the undertaking, that:\n (i) if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection, the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and\n (ii) the applicant understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the applicant, then, for the purposes of section 21, the applicant is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the applicant is taken not to satisfy paragraph (1)(c) if, at any time during the 2 year period mentioned in that paragraph, the applicant was:\n (a) confined in a prison; or\n (b) 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 applicant.\n (3) The Minister may decide that subsection (2) does not apply in relation to the applicant if, taking into account the circumstances that resulted in the applicant’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the applicant.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(c), the Minister may treat a period as one in which the applicant was a permanent resident if the Minister considers that, because of an administrative error, the applicant was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(d), the Minister may treat a period as one in which the applicant was not present in Australia as an unlawful non‑citizen if the Minister considers the applicant was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(e).\n (9) If the applicant becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the applicant becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the activity covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that activity would be of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the applicant.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22B Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the special residence requirement if:\n (a) at the time the person made the application, the person is engaged in work of a kind specified under subsection 22C(3) and the person is required to regularly travel outside Australia because of that work; and\n (b) the following apply:\n (i) the person was engaged in that kind of work for a total of at least 2 years during the period of 4 years immediately before the day the person made the application;\n (ii) for the whole or part of that 4 year period when the person was engaged in that kind of work, the person regularly travelled outside Australia because of that work; and\n (c) the person was present in Australia for a total of at least 480 days during the period of 4 years immediately before the day the person made the application; and\n (d) the person was present in Australia for a total of at least 120 days during the period of 12 months immediately before the day the person made the application; and\n (e) the person was ordinarily resident in Australia throughout the period of 4 years immediately before the day the person made the application; and\n (f) the person was a permanent resident for the period of 12 months immediately before the day the person made the application; and\n (g) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 4 years immediately before the day the person made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the person if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the person; and\n (b) the Minister is satisfied that the person’s engagement in the kind of work concerned is of benefit to Australia; and\n (c) the Minister is satisfied that the person satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (d) the person was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the person made the application; and\n (e) the person was a permanent resident throughout the period of 90 days immediately before the day the person made the application; and\n (f) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the person made the application; and\n (g) the person has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the person becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection:\n (i) the person will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the person becomes an Australian citizen; and\n (ii) the person will be present in Australia for a total of at least 180 days during that 2‑year period; and\n (h) the person has declared, in the undertaking, that the person understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the person, then, for the purposes of section 21, the person is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the person is taken not to satisfy:\n (a) paragraph (1)(c) if, at any time during the 4‑year period mentioned in that paragraph; or\n (b) paragraph (1A)(d) if, at any time during the 2‑year period mentioned in that paragraph;\n the person was:\n (c) confined in a prison; or\n (d) 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.\n (3) The Minister may decide that subsection (2) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(e), the Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(f), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the person or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(g).\n (9) If the person becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the person becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the kind of work covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that kind of work is of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the person.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22C Special residence requirement—legislative instruments\n\n (1) The Minister may, by legislative instrument, specify activities for the purposes of subparagraph 22A(1)(a)(i).\n (2) The Minister may, by legislative instrument, specify organisations for the purposes of paragraph 22A(1)(b).\n (3) The Minister may, by legislative instrument, specify kinds of work for the purposes of paragraph 22B(1)(a).\n\n#### 23 Defence service requirement\n\n Person who has completed relevant defence service\n (1) For the purposes of section 21, a person satisfies the defence service requirement if the person has completed relevant defence service.\n Member of family unit of person who has completed relevant defence service etc.\n (2) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person has completed relevant defence service; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) the relative holds a visa of that kind because the relative is a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n (3) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person dies while undertaking service in the Permanent Forces or the Reserves; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) immediately before the death of the defence person, the relative held a visa of that kind because the relative was a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n Definitions\n (4) In this section:\n\n> member of the family unit of a person has the same meaning as in the Migration Act 1958.\n\n> Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.\n\n> relevant defence service: a person has completed relevant defence service if:\n\n (a) the person has undertaken a total of at least 90 days service in one or more of the Permanent Forces (whether or not that service was continuous); or\n (b) the person has undertaken a total of at least 90 days service on which he or she was required for, and attended and was entitled to be paid for, duty in one or more of the Reserves (whether or not that service was continuous); or\n (c) the person:\n (i) was discharged from service undertaken in one of the Permanent Forces or the Reserves as medically unfit for that service; and\n (ii) became so unfit because of service undertaken in any of the Permanent Forces or the Reserves.\n\n> Reserves means the Naval Reserve, the Army Reserve or the Air Force Reserve.\n\n> service: a person undertakes service in the Permanent Forces or the Reserves only if the person is appointed, enlisted or transferred into any of the Permanent Forces or the Reserves.\n\n> Note: For appointment, enlistment or transfer into any of the Permanent Forces or the Reserves, see the Defence Act 1903.\n\n#### 23A Citizenship test\n\n (1) The Minister must, by written determination, approve a test for the purposes of subsection 21(2A) (about general eligibility for citizenship).\n\n> Note: The test must be related to the eligibility criteria referred to in paragraphs 21(2)(d), (e) and (f).\n\n Successful completion of the test\n (2) A determination under subsection (1) must specify what amounts to successful completion of the test.\n Eligibility criteria for sitting the test\n (3) A determination under subsection (1) may set out the eligibility criteria a person must satisfy to be able to sit the test.\n\n> Note: The eligibility criteria for sitting the test cannot be inconsistent with this Act and in particular subsection 21(2) (about the general eligibility criteria for becoming an Australian citizen).\n\n (4) For the purposes of subsection (3), the determination may provide that a person is not eligible to sit the test unless the person is a permanent resident and the Minister is satisfied of the identity of the person.\n (5) Subsection (4) does not limit subsection (3).\n Period for sitting and completing the test\n (5A) A determination under subsection (1) may provide for the period within which a person must start the test and for the period within which a person must complete the test.\n Other matters\n (6) A determination under subsection (1) may cover any other matter related to the test the Minister thinks appropriate.\n Determination not a legislative instrument\n (7) A determination made under subsection (1) is not a legislative instrument.\n\n#### 24 Minister’s decision\n\n (1) If a person makes an application under section 21, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n\n> Note: The Minister may cancel an approval: see section 25.\n\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6), (7) or (8).\n (2) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6) or (7).\n (2A) If the Minister exercised the power under subsection 22A(1A) or 22B(1A) in relation to the person, the decision under subsection (1) of this section must be made by the Minister personally.\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (4B)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (4C), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (4B)(b)(ii) applies to the person—has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 21, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (4C) The Minister may decide that subparagraph (4A)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n (4D) To avoid doubt, subsection (4A) applies to a person who is eligible to become an Australian citizen under subsection 21(8).\n Person not present in Australia\n (5) If:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (aa) the Minister is satisfied that the person did not satisfy the special residence requirement referred to in section 22A or 22B; and\n (b) the Minister did not apply subsection 22(9) in relation to the person; and\n (c) the Minister did not apply subsection 22(11) in relation to the person;\n the Minister must not approve the person becoming an Australian citizen at a time when the person is not present in Australia.\n Offences\n (6) The Minister must not approve the person becoming an Australian citizen at a time:\n (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\n (b) when the person is confined to a prison in Australia; or\n (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\n (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\n (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\n (f) if the person:\n (i) has been released by a court from serving the whole or a part of a sentence of imprisonment; and\n (ii) has been so released because the person gave a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (g) if, in respect of proceedings for an offence against an Australian law in relation to the person:\n (i) a court does not impose a sentence of imprisonment on the person; and\n (ii) the court releases the person because the person gives a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (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.\n Cessation of citizenship\n (7) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n Statelessness\n (8) However, subsections (6) and (7) do not apply to a person covered by subsection 21(8) (about statelessness).\n\n#### 25 Minister may cancel approval\n\n (1) The Minister may, by writing, cancel an approval given to a person under section 24 if:\n (a) the person has not become an Australian citizen under section 28; and\n (b) either of the following 2 situations apply.\n Eligibility criteria not met\n (2) The first situation applies if:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (b) the Minister is satisfied that, at the time the Minister proposes to cancel the approval, the person is:\n (i) not a permanent resident; or\n (ii) not likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia; or\n (iii) not of good character.\n Failure to make pledge of commitment\n (3) The second situation applies if:\n (a) the person has failed to make a pledge of commitment within 12 months after the day on which the person received notice of the approval; and\n (b) the person’s reason for the failure is not one that is prescribed by the regulations for the purposes of this subsection.\n Cancellation of child’s approval\n (4) If:\n (a) a child aged under 16 makes an application under section 21 at a particular time; and\n (b) 1 or more responsible parents of the child make applications under section 21 at that time; and\n (c) the Minister decides under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens; and\n (d) the Minister cancels the approval given to each responsible parent;\n the Minister must, by writing, cancel the approval given to the child.\n Effect of cancellation\n (5) If the Minister cancels an approval given to a person, the approval is taken never to have been given.\n\n> Note: A person cannot become an Australian citizen under this Subdivision unless the Minister approves the person becoming an Australian citizen. This subsection has the effect that the person will need to make another application if the person wants to become an Australian citizen.\n\n#### 26 Pledge of commitment must be made\n\n (1) A person must make a pledge of commitment to become an Australian citizen unless the person:\n (a) is aged under 16 at the time the person made the application to become an Australian citizen; or\n (b) has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or\n (c) is covered by subsection 21(6), (7) or (8).\n\n> Note: See section 27 for how the pledge is to be made.\n\n (2) A person must not make a pledge of commitment before the Minister approves the person’s application to become an Australian citizen. A pledge of commitment made by the person before that time is of no effect.\n Delayed making of pledge\n (3) If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:\n (a) a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or\n (b) the person has been or may be charged with an offence under an Australian law.\n (4) The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.\n (5) The Minister may, by writing, revoke a determination.\n (6) If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. A pledge of commitment made by the person before that time is of no effect.\n\n#### 27 How pledge of commitment is to be made\n\n Form of pledge\n (1) A pledge of commitment must be made in accordance with either of the forms set out in Schedule 1.\n Prescribed arrangements\n (2) A pledge of commitment must be made in accordance with the arrangements prescribed by the regulations.\n\n> Note: The regulations may provide for a pledge of commitment to be made in public.\n\n Persons who may receive pledge\n (3) A pledge of commitment must be made before:\n (a) the Minister; or\n (b) a person authorised under subsection (4); or\n (c) a person who is included in a class of persons authorised under subsection (5).\n (4) The Minister may, by writing, authorise a person for the purposes of paragraph (3)(b).\n (5) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (3)(c).\n\n#### 28 Day citizenship begins etc.\n\n Persons required to make pledge of commitment\n (1) A person required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the person makes the pledge.\n Persons not required to make pledge of commitment\n (2) Subject to subsection (3), a person not required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n Applications made at the same time by child and responsible parents\n (3) Subsection (2) does not apply to a child aged under 16 at the time the child made the application to become an Australian citizen if:\n (a) 1 or more responsible parents of the child made applications under section 21 at that time; and\n (b) the Minister decided under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens.\n (4) If 1 or more of the responsible parents become Australian citizens under this section, the child becomes an Australian citizen on the first day on which a responsible parent becomes an Australian citizen.\n\n#### Subdivision C—Resuming citizenship\n\n#### 28A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you ceased to be an Australian citizen under this Act or the old Act.\n\nYou must make an application to become an Australian citizen again. The Minister must approve or refuse you becoming an Australian citizen again.\n\nYou must be eligible to be an Australian citizen again to be approved. You may be refused citizenship again even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 30(3); or\n\n• national security: see subsections 30(4) to (7).\n\nYou will be registered if the Minister approves you becoming an Australian citizen again.\n\n#### 29 Application and eligibility for resuming citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen again.\n\n> Note 1: Section 46 sets out application requirements (which may include the payment of a fee).\n\n> Note 2: The person may also apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under this Act\n (2) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 33 (about renunciation) in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (ii) section 36 (about children); and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n> Note 1: See also section 32 (which is about persons resuming their former citizenship status).\n\n> Note 2: A person who ceases to be an Australian citizen under section 34 or 34A may apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under old Act\n (3) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 17 (about dual citizenship) of the old Act; or\n (ii) section 18 (about renunciation) of the old Act in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (iii) section 20 (about residence outside Australia) of the old Act; or\n (iv) section 23 (about children) of the old Act; and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 30 Minister’s decision\n\n (1) If a person makes an application under section 29, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen again.\n (1A) The Minister must not approve the person becoming an Australian citizen again unless the person is eligible to become an Australian citizen again under subsection 29(2) or (3).\n (2) The Minister may refuse to approve the person becoming an Australian citizen again despite the person being eligible to become an Australian citizen again under subsection 29(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen again unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (5) If the person is covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again if the person:\n (a) if subparagraph (6)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (6)(b)(ii) applies to the person—has been convicted of a national security offence.\n (6) A person is covered by this subsection if:\n (a) at the time the person made the application under section 29, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7) The Minister may decide that subparagraph (5)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n\n#### 31 Registration\n\n If the Minister approves the person becoming an Australian citizen again, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 32 Day citizenship begins again etc.\n\n (1) A person becomes an Australian citizen again on the day on which the Minister approves the person becoming an Australian citizen again.\n Same kind of citizenship—former citizen under this Act\n (2) If the person, before ceasing to be an Australian citizen, was an Australian citizen under Subdivision A, AA or B, the person becomes an Australian citizen again under that Subdivision.\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n Same kind of citizenship—former citizen under old Act\n (3) If the person, before ceasing to be an Australian citizen, was an Australian citizen under the provision set out in column 2 of the following table, the person becomes an Australian citizen again under the provision set out in column 3 of the table.\n\n```html\n

Same kind of citizenship

Column 1
Item

Column 2
Provision under which person was a citizen

Column 3
Provision under which person becomes a citizen again

1

Section 10B, 10C or 11 of the old Act

Subdivision A of this Division

2

Division 2 of Part III of the old Act

Subdivision B of this Division

\n```\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n### Division 3—Cessation of Australian citizenship\n\n#### Subdivision A—Simplified outline of this Division\n\n#### 32A Simplified outline of this Division\n\n The following is a simplified outline of this Division:\n\nThere are 5 ways in which you can cease to be an Australian citizen:\n\n• you may renounce your Australian citizenship: see section 33; or\n\n• 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\n\n• 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\n\n• if you are the child of a responsible parent who ceases to be an Australian citizen, the Minister can revoke your citizenship in some situations: see section 36; or\n\n• if you are convicted of certain offences and an order is made by a court that you cease to be an Australian citizen: see Subdivision C (citizenship cessation).\n\n#### Subdivision B—Citizenship renunciation and revocation\n\n#### 33 Renunciation by application\n\n (1) A person may make an application to the Minister to renounce the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Minister’s decision\n (2) The Minister must, by writing, approve or refuse to approve the person renouncing his or her Australian citizenship.\n (3) Subject to this section, the Minister must approve the person renouncing his or her Australian citizenship if the Minister is satisfied that:\n (a) the person is aged 18 or over, and is a national or citizen of a foreign country, at the time the person made the application; or\n (b) the person was born, or is ordinarily resident, in a foreign country and is not entitled, under the law of that country, to acquire the nationality or citizenship of that country because the person is an Australian citizen.\n (4) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n (5) The Minister may refuse to approve the person renouncing his or her Australian citizenship if the person:\n (a) is a national or citizen of a foreign country at the time the person made the application; and\n (b) made the application during a war in which Australia is engaged.\n (6) The Minister must not approve the person renouncing his or her Australian citizenship if the Minister considers that it would not be in the interests of Australia to do so.\n (7) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person:\n (a) is a national or citizen of a foreign country immediately before the Minister’s decision on the application; or\n (b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval.\n Time citizenship ceases\n (8) If the Minister approves a person renouncing his or her Australian citizenship, the person ceases to be an Australian citizen at the time of the approval.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 34 Revocation by Minister—offences or fraud\n\n Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision A or AA of Division 2 (including because of the operation of section 32); and\n (b) either of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n Citizenship by conferral\n (2) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2 (including because of the operation of section 32); and\n (b) any of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person has, at any time after making the application to become an Australian citizen, been convicted of a serious offence within the meaning of subsection (5);\n (iii) the person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud within the meaning of subsection (6);\n (iv) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n (3) However, the Minister must not decide under subsection (2) to revoke a person’s Australian citizenship if:\n (a) the Minister may revoke the person’s Australian citizenship under that subsection only because of the application of subparagraph (2)(b)(ii); and\n (b) 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.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n Serious offence\n (5) For the purposes of this section, a person has been convicted of a serious offence if:\n (a) the person has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to death or to a serious prison sentence; and\n (b) the person committed the offence at any time before the person became an Australian citizen.\n Migration‑related fraud\n (6) For the purposes of this section, a person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud if and only if:\n (a) at any time, the person was convicted of an offence against:\n (i) section 234, 236 or 243, or former section 244 (as in force before its repeal by the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008), of the Migration Act 1958; or\n (ii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n that the person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the person’s entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia.\n (7) Subsection (6) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident.\n Third‑party fraud\n (8) For the purposes of this section, a person (the applicant) obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud if and only if:\n (a) at any time, another person was convicted of an offence against section 50 of this Act, or section 134.1, 135.2, 135.4, 136.1, 137.1, 137.2, 139.1, 141.1, 142.1, 142.2, 144.1, 145.1, 145.2, 145.4, 145.5 or 149.1 of the Criminal Code, that the other person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the Minister approving the applicant becoming an Australian citizen.\n Charge proved but no conviction\n (9) A reference in this section to a conviction of an offence:\n (a) in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; and\n (b) in relation to a law of a State or Territory or a foreign country—includes a reference to the making of an order under the corresponding provision of a law of the State or Territory or foreign country in relation to the offence.\n\n#### 34A Revocation by Minister—special residence requirements\n\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2; and\n (b) the person became an Australian citizen in circumstances where the Minister exercised the power under subsection 22A(1A) or 22B(1A); and\n (c) in a case in which the power was exercised under subsection 22A(1A)—the Minister is satisfied that the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; and\n (d) in a case in which the power was exercised under subsection 22B(1A)—the Minister is satisfied that:\n (i) the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; or\n (ii) the person will not be, or was not, present in Australia for a total of at least 180 days during that 2‑year period.\n (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.\n (3) The power under subsection (1) may only be exercised by the Minister personally.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 36 Children of responsible parents who cease to be citizens\n\n (1) If:\n (a) a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and\n (b) at the cessation time, the person is a responsible parent of a child aged under 18;\n then:\n (c) the Minister may, by writing, revoke the child’s Australian citizenship; and\n (d) if the Minister does so—the child ceases to be an Australian citizen at the time of the revocation.\n Exception—another responsible parent\n (2) If, at the cessation time, another responsible parent of the child is an Australian citizen, subsection (1) does not apply to the child:\n (a) while there is a responsible parent who is an Australian citizen; and\n (b) if there ceases to be such a responsible parent because of the death of a responsible parent—at any time after that death.\n Exception—statelessness\n (3) The Minister must not revoke a child’s Australian citizenship under subsection (1) if the Minister is satisfied that the child would then become a person who is not a national or citizen of any country.\n\n#### Subdivision C—Citizenship cessation\n\n#### 36A Purpose of this Subdivision\n\n This Subdivision is enacted because the Parliament recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia.\n\n#### 36B Cessation of citizenship if citizenship cessation order made by court etc.\n\n (1) Subject to this section, if an order is made under subsection 36C(1) in relation to a person, the person ceases to be an Australian citizen at the time the order is made.\n Order overturned or quashed\n (2) If a decision of a court overturns or quashes the order made under subsection 36C(1), the person’s citizenship is taken never to have ceased under subsection (1) of this section.\n (3) The validity of anything done in reliance on the order made under subsection 36C(1) before the order was overturned or quashed is not affected.\n Appeal decision\n (4) If:\n (a) a decision (the first decision) of a court overturning or quashing the order made under subsection 36C(1) in relation to the person is appealed; and\n (b) the decision (the second decision) on appeal overturns or quashes the first decision;\n the person ceases to be an Australian citizen at the time the second decision is made.\n\n#### 36C Citizenship cessation order if person is convicted of serious offence\n\n (1) If:\n (a) a person is convicted of one or more serious offences; and\n (b) the court has decided to impose on the person, in respect of the conviction or convictions, a period of imprisonment that is at least 3 years or periods of imprisonment that total at least 3 years; and\n (c) before the court imposes the sentence or sentences on the person in respect of the conviction or convictions, the Minister makes an application under subsection 36D(1) for an order to be made under this subsection in relation to the person; and\n (d) the court is satisfied of the matters specified in subsection (4) of this section;\n the court may, when imposing such a period or periods of imprisonment on the person in respect of the conviction or convictions, also order at that time as part of the sentence or sentences that the person ceases to be an Australian citizen.\n\n> Note: Subsections (5) and (6) set out, without limitation, matters the court must have regard to in deciding whether to make an order under this subsection.\n\n (2) However, the court must not make an order under subsection (1) in relation to the person if the court is satisfied that the person would, if the court were to make the order, become a person who is not a national or citizen of any country.\n Serious offence\n (3) A serious offence is an offence against any of the following provisions:\n (a) a provision of Subdivision A of Division 72 of the Criminal Code (explosives and lethal devices);\n (b) a provision of Subdivision B of Division 80 of the Criminal Code (treason);\n (c) section 83.1 of the Criminal Code (advocating mutiny);\n (d) a provision of Division 91 of the Criminal Code (espionage);\n (e) a provision of Division 92 of the Criminal Code (foreign interference);\n (f) a provision of Part 5.3 of the Criminal Code (terrorism), other than the following provisions:\n (i) section 102.8;\n (ii) Division 104;\n (iii) Division 105;\n (iv) section 105A.7D;\n (v) section 105A.18B;\n (fa) a provision of Part 5.3A of the Criminal Code (state sponsors of terrorism), other than section 112.7;\n (g) a provision of Part 5.5 of the Criminal Code (foreign incursions and recruitment).\n Court to be satisfied of certain matters etc.\n (4) For the purposes of paragraph (1)(d), the matters are the following:\n (a) the person is aged 14 or over;\n (b) the person is an Australian citizen;\n (c) the person’s conduct to which the conviction or convictions relate is so serious and significant that it demonstrates that the person has repudiated their allegiance to Australia.\n (5) In deciding whether the court is satisfied of the matter referred to in paragraph (4)(c) in relation to the person’s conduct, the court must have regard to the following matters:\n (a) whether the conduct to which the conviction or convictions relate demonstrates a repudiation of the values, democratic beliefs, rights and liberties that underpin Australian society;\n (b) the degree, duration or scale of the person’s commitment to, or involvement in, the conduct to which the conviction or convictions relate;\n (c) the intended scale of the conduct to which the conviction or convictions relate;\n (d) the actual impact of the conduct to which the conviction or convictions relate;\n (e) whether the conduct to which the conviction or convictions relate caused, or was intended to cause, harm to human life or a loss of human life.\n (6) In deciding whether to make an order under subsection (1) in relation to the person, the court must have regard to the following matters:\n (a) if the person is a child aged under 18—the best interests of the child;\n (b) if the person has any dependent children in Australia—the best interests of those children;\n (c) the person’s connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person.\n (7) Subsection (6) does not limit the matters to which the court may have regard in deciding whether to make an order under subsection (1) in relation to the person.\n Concurrent sentences\n (8) If:\n (a) a person has been convicted of 2 or more serious offences; and\n (b) a court has decided to impose on the person, in respect of the conviction or convictions, 2 or more periods of imprisonment to be served concurrently (whether in whole or in part);\n then, for the purposes of subsection (1), the whole of each period is to be counted in working out the total of those periods.\n\n> Note: Example: A person is convicted of 2 serious offences and a court has decided to impose on the person in respect of the convictions 2 periods of 2 years imprisonment to be served concurrently. For the purposes of subsection (1), the total period of imprisonment is 4 years.\n\n References to period of imprisonment\n (9) For the purposes of subsection (1):\n (a) a reference to a period of imprisonment in that subsection does not include a period of imprisonment that is suspended; and\n (b) a reference to a period of imprisonment in that subsection includes a reference to a single sentence of imprisonment that a court has decided to impose in respect of both one or more serious offences and one or more other offences.\n Other matters\n (10) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n (11) Part IB of the Crimes Act 1914 (which deals with sentencing, imprisonment and release of federal offenders) does not apply in relation to an order under this section.\n\n#### 36D Application by the Minister for a citizenship cessation order\n\n (1) The Minister may make an application for an order to be made by a court under subsection 36C(1) in relation to a person.\n (2) The application may be made before or after the person is convicted of one or more serious offences but must be made before the person is sentenced.\n Consultation with the Foreign Affairs Minister\n (3) Before the Minister makes the application, the Minister must consult the Foreign Affairs Minister.\n Matters relating to the application\n (4) The application must include the following matters:\n (a) information about the person’s age;\n (b) information about the person’s Australian citizenship;\n (c) information about the person’s nationality or citizenship of other countries.\n (5) The application:\n (a) must be made in the jury’s absence; and\n (b) must not be referred to in the presence of the jury; and\n (c) must only be heard after the person is convicted of one or more serious offences.\n Notice of application\n (6) The Minister must give the person written notice of the application as soon as practicable after the application is made. The Minister may also give written notice of the application to such other persons as the Minister considers appropriate.\n (7) Section 47 (notification of decisions) does not apply to a decision of the Minister to make the application.\n Australian citizens to which this section applies\n (8) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n\n#### 36L No resumption of citizenship if citizenship ceases under this Subdivision\n\n If a person ceases to be an Australian citizen under this Subdivision, Divisions 1 and 2 of this Part do not apply in relation to the person after that cessation.\n\n> Note: See section 36B for when a person ceases to be an Australian citizen.\n\n### Division 4—Evidence of Australian citizenship\n\n#### 37 Evidence of Australian citizenship\n\n (1) A person may make an application to the Minister for evidence of the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Notice\n (2) The Minister may give the person a notice stating that the person is an Australian citizen at a particular time.\n (3) The notice must:\n (a) be in a form prescribed by the regulations; and\n (b) contain any other matter prescribed by the regulations.\n Identity\n (4) The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n Evidentiary status\n (5) A notice is prima facie evidence of the matters in the notice.\n Cancellation\n (6) The Minister may, by writing, cancel a notice given to a person under this section.\n\n#### 38 Surrender of physical evidentiary notice\n\n Request for surrender\n (1) If:\n (a) the Minister makes a decision under section 34 or 34A to revoke a person’s Australian citizenship; and\n (b) at the time of the revocation, there is in force a notice under section 37 in relation to the person; and\n (c) the notice was given to the person in a physical form;\n the Minister may request the person to surrender the notice to the Minister.\n (2) If the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37 and the notice was given to the person in a physical form, the Minister may request the person to surrender the notice to the Minister.\n Form of request\n (3) A request given to a person under subsection (1) or (2) must:\n (a) be made in writing; and\n (b) specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and\n (c) specify how the person is to surrender the notice to the Minister; and\n (d) contain a statement to the effect that a failure to comply with the request is an offence.\n Offence\n (4) A person commits an offence if:\n (a) the person is given a request that is in accordance with this section; and\n (b) the person fails to comply with the request.\n\nPenalty for contravention of this subsection: 10 penalty units.\n\n#### 39 Altering evidentiary notice\n\n A person commits an offence if:\n (a) the person alters, or causes or permits to be altered, a notice; and\n (b) the notice was given to a person under section 37.\n\nPenalty: Imprisonment for 12 months.\n\n### Division 5—Personal identifiers\n\n#### Subdivision A—Obtaining personal identifiers\n\n#### 40 Request for personal identifiers\n\n (1) For the purposes of the Minister being satisfied of the identity of:\n (a) a person in relation to an application under this Part; or\n (b) a person who has sought to sit a test approved in a determination under section 23A;\n the following persons may request the person, in writing, to provide one or more specified personal identifiers:\n (c) the Minister;\n (d) a person authorised under subsection (3);\n (e) a person who is included in a class of persons authorised under subsection (4).\n Form of request\n (2) A request must inform the person of the matters prescribed by the regulations.\n Authorisations\n (3) The Minister may, by writing, authorise a person for the purposes of paragraph (1)(d).\n (4) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (1)(e).\n\n#### 41 Provision of personal identifiers\n\n The regulations may prescribe the procedures and requirements that apply to the provision of a personal identifier by a person under this Division.\n\n#### Subdivision B—Obligations relating to identifying information\n\n#### 42 Accessing identifying information\n\n (1) A person commits an offence if:\n (a) the person accesses identifying information; and\n (b) the person is not authorised under this section to access the identifying information for the purpose for which the person accessed it.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) This section does not apply if the person believes on reasonable grounds that the access is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n (2) This section does not apply if the access is through:\n (a) a disclosure that is a permitted disclosure within the meaning of section 43; or\n (b) a disclosure to which section 43 does not apply because of the operation of subsection 43(1A).\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Authorisation\n (3) The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.\n (4) The Minister must specify in an authorisation under subsection (3), as the purpose or purposes for which access is authorised, one or more of the following purposes:\n (a) either or both of the purposes set out in paragraph 10(2)(c);\n (b) disclosing identifying information in accordance with this Division;\n (c) administering or managing the storage of identifying information;\n (d) making identifying information available to the person to whom it relates;\n (e) modifying identifying information to enable it to be matched with other identifying information;\n (f) modifying identifying information in order to correct errors or ensure compliance with appropriate standards;\n (g) the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act;\n (h) complying with Australian laws.\n\n#### 43 Disclosing identifying information\n\n (1) A person commits an offence if:\n (a) the person’s conduct causes disclosure of identifying information; and\n (b) the disclosure is not a permitted disclosure.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure;\n this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person.\n\n> Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: Australian Privacy Principle 6 may apply to further disclosures of that identifying information by a person who is not an entrusted person.\n\n (1B) This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).\n\n (2) A permitted disclosure is a disclosure that:\n (b) is for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; or\n (c) is for the purpose of administering or managing the storage of identifying information; or\n (d) is for the purpose of making the identifying information in question available to the person to whom it relates; or\n (da) is to an agency of the Commonwealth, a State or a Territory in order to verify that a person is an Australian citizen; or\n (e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or\n (ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth, a State or a Territory; or\n (eb) is required by an Australian law; or\n (f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or\n (g) is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or\n (h) takes place with the written consent of the person to whom the identifying information in question relates.\n\n#### 44 Unauthorised modification or impairment of identifying information\n\n Unauthorised modification\n (1) A person commits an offence if:\n (a) the person causes any unauthorised modification of identifying information; and\n (b) the person intends to cause the modification; and\n (c) the person knows that the modification is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Unauthorised impairment\n (2) A person commits an offence if:\n (a) the person causes any unauthorised impairment of:\n (i) the reliability of identifying information; or\n (ii) the security of the storage of identifying information; or\n (iii) the operation of a system by which identifying information is stored; and\n (b) the person intends to cause the impairment; and\n (c) the person knows that the impairment is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Exception\n (2A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure within the meaning of section 43;\n this section does not apply in relation to any modification or impairment of that identifying information by a person who is not an entrusted person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n Interpretation\n (3) In this section:\n (a) modification of identifying information; or\n (b) impairment of the reliability of identifying information; or\n (c) impairment of the security of the storage of identifying information; or\n (d) impairment of the operation of a system by which identifying information is stored;\n by a person is unauthorised if the person is not entitled to cause that modification or impairment.\n (4) Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.\n (5) For the purposes of this section, a person causes any such unauthorised modification or impairment if the person’s conduct substantially contributes to it.\n (6) For the purposes of subsection (3), if:\n (a) a person causes any modification or impairment of a kind mentioned in that subsection; and\n (b) the person does so under a warrant issued under an Australian law;\n the person is entitled to cause that modification or impairment.\n\n#### 45 Destroying identifying information\n\n (1) A person commits an offence if:\n (a) the person is the responsible person for identifying information; and\n (b) the person fails to destroy the identifying information as soon as practicable after the person is no longer required under the Archives Act 1983 to keep the identifying information.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n> Note: See section 24 of the Archives Act 1983 on the obligation to keep the identifying information.\n\n (2) This section does not apply if the identifying information is:\n (a) a personal identifier that is any of the following:\n (i) a measurement of a person’s height and weight;\n (ii) a photograph or other image of a person’s face;\n (iii) a person’s signature; or\n (b) identifying information derived from or relating to such a personal identifier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Definitions\n (3) For the purposes of this section, the responsible person for identifying information is:\n (a) if the identifying information is stored on a database—the person who has day‑to‑day control of the database; or\n (b) otherwise—the person who has day‑to‑day responsibility for the system under which the identifying information is stored.\n (4) For the purposes of this section, identifying information is destroyed if:\n (a) in the case of identifying information that is a personal identifier—it is physically destroyed; and\n (b) in any other case—any means of identifying it with the person to whom it relates is destroyed.\n (5) For the purposes of this section, a database is a discrete body of information stored by electronic means, containing:\n (a) indexes of persons who have provided personal identifiers in accordance with a request under this Division; and\n (b) their identifying information.\n\n## Part 3—Other matters\n\n### Division 1—Bogus documents\n\n#### 45A Prohibition on, and forfeiture of, bogus documents\n\n (1) A person (whether a citizen or non‑citizen) must not give a bogus document to the Minister, a person acting under a delegation or authorisation of the Minister, a tribunal or any other person or body performing a function or purpose under, or in relation to, this Act (the official), or cause such a document to be so given.\n (2) A bogus document given in contravention of subsection (1) is forfeited to the Commonwealth.\n\n#### 45B Seizure of bogus documents\n\n (1) If the Minister reasonably suspects that a document is forfeited under subsection 45A(2), then the Minister may seize the document.\n (2) As soon as practicable after seizing the document, the Minister must give written notice of the seizure to the person who gave the document to the official under subsection 45A(1).\n (3) The notice must:\n (a) identify the document; and\n (b) state that the document has been seized; and\n (c) specify the reason for the seizure; and\n (d) state that the document will be condemned as forfeited unless the person institutes proceedings against the Commonwealth before the end of the period specified in the notice:\n (i) to recover the document; or\n (ii) for a declaration that the document is not forfeited.\n (4) For the purposes of paragraph (3)(d), the period must:\n (a) start on the date of the notice; and\n (b) end 90 days after that date.\n\n#### 45C Document condemned as forfeited\n\n (1) If a document is seized under subsection 45B(1), then:\n (a) the person who gave the document to the official under subsection 45A(1); and\n (b) if that person is not the owner of the document—the owner;\n may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction:\n (c) to recover the document; or\n (d) for a declaration that the document is not forfeited.\n (2) The proceedings:\n (a) may be instituted even if the seizure notice required to be given under subsection 45B(2) in relation to the document has not yet been given; and\n (b) may only be instituted before the end of the period specified in the seizure notice.\n (3) If, before the end of the period specified in the seizure notice, the person or owner does not institute the proceedings, the document is condemned as forfeited to the Commonwealth immediately after the end of that period.\n (4) If, before the end of the period specified in the seizure notice, the person or owner does institute the proceedings, the document is condemned as forfeited to the Commonwealth at the end of the proceedings unless there is:\n (a) an order for the person or owner to recover the document; or\n (b) a declaration that the document is not forfeited.\n (5) For the purposes of subsection (4), if the proceedings go to judgment, they end:\n (a) if no appeal against the judgment is lodged within the period for lodging such an appeal—at the end of that period; or\n (b) if an appeal against the judgment is lodged within that period—when the appeal lapses or is finally determined.\n\n#### 45D Dealing with a document after it is condemned as forfeited\n\n (1) If, under section 45C, a document is condemned as forfeited to the Commonwealth, it must be dealt with or disposed of (including by being given to another person) in accordance with any direction given by the Minister.\n (2) If the Minister considers that the document may be relevant to proceedings in a court or tribunal, then the Minister:\n (a) must give a direction for the safe keeping of the document; and\n (b) must authorise access to the document for the purposes of those proceedings.\n (3) A direction given under this section is not a legislative instrument.\n\n### Division 2—Other\n\n#### 46 Application requirements\n\n (1) An application under a provision of this Act must:\n (a) be on the relevant form approved by the Minister for the purposes of that provision; and\n (b) contain the information required by the form; and\n (c) be accompanied by any other information or documents prescribed by the regulations; and\n (d) be accompanied by the fee (if any) prescribed by the regulations.\n (1AA) However, paragraphs (1)(a) and (b) do not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed by the regulations; and\n (b) contains the information prescribed by the regulations.\n (1A) For applications made under section 21 by persons who, in order to be eligible to become an Australian citizen under subsection 21(2), must have sat a test approved in a determination under section 23A, the fee prescribed by the regulations may include a component that relates to the sitting of that test.\n Approval of forms\n (2) The Minister may, by writing, approve one or more forms for the purposes of a provision of this Act under which an application may be made.\n\n> Note: For example, there are 2 ways to become an Australian citizen by descent under section 16\\. The Minister may approve 1 form for the purposes of that section or may approve 2 different forms.\n\n Children aged under 16\n (2A) An application under a provision of this Act by a child aged under 16 must be set out:\n (a) on a form that contains no other application; or\n (b) on a form that also contains an application by 1 responsible parent of the child.\n (2B) However, subsection (2A) does not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed under paragraph (1AA)(a) of this section; and\n (b) contains the information prescribed under paragraph (1AA)(b) of this section.\n Remission, refund or waiver of fees\n (3) The regulations may make provision for and in relation to the remission, refund or waiver of any fees of a kind referred to in paragraph (1)(d).\n\n#### 47 Notification of decisions\n\n (1) If the Minister makes a decision under this Act in relation to a person, the Minister must give the person notice of the decision.\n Child\n (2) If the person is a child, the Minister satisfies the requirement in subsection (1) if the Minister gives a parent of the child notice of the decision.\n Reasons for adverse decision\n (3) If the decision is an adverse decision, the notice must include the reasons for the decision.\n Form of notice\n (4) The Minister must give the notice in the manner prescribed by the regulations (which includes electronic form).\n Procedural defect does not affect validity of decision\n (5) A failure to comply with subsection (3) or (4) does not affect the validity of the decision.\n\n#### 48 Computerised decision‑making\n\n Computer‑based decisions\n (1) The Minister may, by writing, arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under this Act or the regulations:\n (a) make a decision; or\n (b) exercise any power or comply with any obligation; or\n (c) do anything else related to making a decision or exercising a power or complying with an obligation.\n (2) The Minister is taken to have:\n (a) made a decision; or\n (b) exercised a power or complied with an obligation; or\n (c) done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;\n that was made, exercised, complied with or done by the operation of a computer program under such an arrangement.\n Minister may substitute his or her own decision\n (3) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under such an arrangement if:\n (a) a notice under section 49 relates to the computer program and to the initial decision; and\n (b) the notice states that the computer program was not functioning correctly; and\n (c) the substituted decision could have been made under the same provision of this Act or the regulations as the initial decision; and\n (d) the substituted decision is more favourable to the applicant.\n (4) The Minister does not have a duty to consider whether to exercise the power under subsection (3) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (5) Subsection (3) has effect despite any law of the Commonwealth, or any rule of common law, to the contrary effect.\n Exceptions\n (5A) This section does not apply in relation to anything done under Subdivision C of Division 3 of Part 2 (citizenship cessation).\n Arrangement not a legislative instrument\n (6) An arrangement under subsection (1) is not a legislative instrument.\n\n#### 49 Evidence of whether computer program is functioning correctly\n\n Issue of notices\n (1) In citizenship proceedings, a notice signed by an authorised person stating whether or not a specified computer program was functioning correctly:\n (a) at a specified time or during a specified period; and\n (b) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 48(1);\n is prima facie evidence of the matters stated in the notice.\n Ministerial authorisations\n (2) The Minister may, by writing, authorise a person to issue notices under this section.\n (3) The Minister may, by legislative instrument, authorise a class of persons to issue notices under this section.\n Definitions\n (4) In this section:\n\n> authorised person means:\n\n (a) an APS employee in the Department; or\n (b) a person authorised under subsection (2) to issue notices under this section; or\n (c) any person who is included in a class of persons authorised under subsection (3) to issue notices under this section.\n\n> citizenship proceedings means:\n\n (a) proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or\n (b) proceedings that relate to an application for review under section 52.\n\n> functioning correctly: a computer program is functioning correctly if:\n\n (a) outcomes from its operation comply with this Act and the regulations; and\n (b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.\n\n#### 50 False statements or representations\n\n (1) A person commits an offence if:\n (a) the person makes, or causes or permits to be made, a representation or statement; and\n (b) the person does so knowing that the representation or statement is false or misleading in a material particular; and\n (c) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n (2) A person commits an offence if:\n (a) the person conceals, or causes or permits to be concealed, a material circumstance; and\n (b) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n#### 51 Geographical jurisdiction for offences\n\n Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act.\n\n#### 51A Things seized under Crimes Act search warrant and information about such things\n\n (1) This section applies to the following:\n (a) a thing seized (warrant material) under a search warrant issued under Division 2 of Part 1AA of the Crimes Act 1914;\n (b) information (warrant information) that is about, or obtained from, warrant material.\n (2) A constable or Commonwealth officer who, under subsection 3ZQU(1) of the Crimes Act 1914, may use or make available warrant material, is authorised to make available warrant material or warrant information:\n (a) to a person covered by subsection (4); and\n (b) for a purpose mentioned in subsection (3).\n (3) A person covered by subsection (4) is authorised to receive and use warrant material and warrant information, or make it available to another person covered by subsection (4), for the following purposes:\n (a) making a decision, or assisting in making a decision, to approve or refuse to approve a person becoming an Australian citizen;\n (b) making a decision, or assisting in making a decision, to revoke a person’s Australian citizenship;\n (c) making a decision, or assisting in making a decision, to cancel an approval given to a person under section 24.\n\n> Note: Subsection 3ZQU(4) of the Crimes Act 1914 contemplates that another law of the Commonwealth may require or authorise the use or making available of a document or other thing to persons, or for purposes, in addition to those listed in subsection 3ZQU(1) of that Act.\n\n (4) The following persons are covered by this subsection:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department whose duties include making decisions, or assisting in making decisions, in relation to Australian citizenship.\n\n#### 51B Reports to Parliament\n\n (1) As soon as practicable after a reporting period ends, the Minister must table a report in each House of the Parliament that sets out the number of applications made under section 36D to which both of the following apply:\n (a) the applications were made during the reporting period to which the report relates or during an earlier reporting period;\n (b) the applications relate to persons who, during the reporting period to which the report relates, were convicted and sentenced for one or more serious offences.\n (2) The report must not contain information, or content of a document, if:\n (a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010); or\n (b) the disclosure of the information or content would or might prejudice:\n (i) the security, defence or international relations of Australia; or\n (ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions; or\n (c) the disclosure of the information or content would or might endanger a person’s safety; or\n (d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.\n (3) In this section:\n\n> reporting period means:\n\n (a) the period of 12 months beginning on the day the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 commences; or\n (b) each subsequent 12‑month period.\n\n#### 52 Review of decisions\n\n (1) An application may be made to the Administrative Review Tribunal for review of the following decisions:\n (a) a decision under section 17 to refuse to approve a person becoming an Australian citizen;\n (aa) a decision under section 19D to refuse to approve a person becoming an Australian citizen;\n (b) a decision under section 24 to refuse to approve a person becoming an Australian citizen;\n (c) a decision under section 25 to cancel an approval given to a person under section 24;\n (d) a decision under section 30 to refuse to approve a person becoming an Australian citizen again;\n (e) a decision under section 33 to refuse to approve a person renouncing his or her Australian citizenship, except a refusal because of the operation of subsection 33(5) (about war);\n (f) a decision under section 34 or subsection 36(1) to revoke a person’s Australian citizenship;\n (g) a decision under section 37 to refuse to give a person a notice stating that the person is an Australian citizen at a particular time.\n Citizenship by conferral decision\n (2) However, if:\n (a) the Minister makes a decision under section 24 to refuse to approve a person becoming an Australian citizen; and\n (b) the Minister’s reasons for the decision did not refer to the eligibility ground in subsection 21(8) (about statelessness); and\n (c) the person was aged 18 or over at the time the person made the application to become an Australian citizen;\n a person (the applicant) cannot apply for review of that decision unless the applicant is a permanent resident.\n (3) For the purposes of the Administrative Review Tribunal reviewing a decision of a kind referred to in paragraph (1)(b):\n (a) the Tribunal must not exercise the power under subsection 22A(1A) or 22B(1A); and\n (b) the Tribunal must not review any exercise of the power or any failure to exercise the power.\n\n#### 53 Delegation\n\n (1) The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act or the regulations.\n (2) However, subsection (1) does not apply in relation to the function under subsection 23A(1) (about approval of citizenship test) or the power under section 36D (about application for citizenship cessation order).\n\n#### 54 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":52},{"sectionNumber":"28A","sectionType":"section","heading":"Simplified outline","content":"#### 28A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you ceased to be an Australian citizen under this Act or the old Act.\n\nYou must make an application to become an Australian citizen again. The Minister must approve or refuse you becoming an Australian citizen again.\n\nYou must be eligible to be an Australian citizen again to be approved. You may be refused citizenship again even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 30(3); or\n\n• national security: see subsections 30(4) to (7).\n\nYou will be registered if the Minister approves you becoming an Australian citizen again.","sortOrder":53},{"sectionNumber":"29","sectionType":"section","heading":"Application and eligibility for resuming citizenship","content":"#### 29 Application and eligibility for resuming citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen again.\n\n> Note 1: Section 46 sets out application requirements (which may include the payment of a fee).\n\n> Note 2: The person may also apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under this Act\n (2) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 33 (about renunciation) in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (ii) section 36 (about children); and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n> Note 1: See also section 32 (which is about persons resuming their former citizenship status).\n\n> Note 2: A person who ceases to be an Australian citizen under section 34 or 34A may apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under old Act\n (3) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 17 (about dual citizenship) of the old Act; or\n (ii) section 18 (about renunciation) of the old Act in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (iii) section 20 (about residence outside Australia) of the old Act; or\n (iv) section 23 (about children) of the old Act; and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.","sortOrder":54},{"sectionNumber":"30","sectionType":"section","heading":"Minister’s decision","content":"#### 30 Minister’s decision\n\n (1) If a person makes an application under section 29, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen again.\n (1A) The Minister must not approve the person becoming an Australian citizen again unless the person is eligible to become an Australian citizen again under subsection 29(2) or (3).\n (2) The Minister may refuse to approve the person becoming an Australian citizen again despite the person being eligible to become an Australian citizen again under subsection 29(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen again unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (5) If the person is covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again if the person:\n (a) if subparagraph (6)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (6)(b)(ii) applies to the person—has been convicted of a national security offence.\n (6) A person is covered by this subsection if:\n (a) at the time the person made the application under section 29, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7) The Minister may decide that subparagraph (5)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.","sortOrder":55},{"sectionNumber":"31","sectionType":"section","heading":"Registration","content":"#### 31 Registration\n\n If the Minister approves the person becoming an Australian citizen again, the Minister must register the person in the manner prescribed by the regulations.","sortOrder":56},{"sectionNumber":"32","sectionType":"section","heading":"Day citizenship begins again etc.","content":"#### 32 Day citizenship begins again etc.\n\n (1) A person becomes an Australian citizen again on the day on which the Minister approves the person becoming an Australian citizen again.\n Same kind of citizenship—former citizen under this Act\n (2) If the person, before ceasing to be an Australian citizen, was an Australian citizen under Subdivision A, AA or B, the person becomes an Australian citizen again under that Subdivision.\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n Same kind of citizenship—former citizen under old Act\n (3) If the person, before ceasing to be an Australian citizen, was an Australian citizen under the provision set out in column 2 of the following table, the person becomes an Australian citizen again under the provision set out in column 3 of the table.\n\n```html\n

Same kind of citizenship

Column 1
Item

Column 2
Provision under which person was a citizen

Column 3
Provision under which person becomes a citizen again

1

Section 10B, 10C or 11 of the old Act

Subdivision A of this Division

2

Division 2 of Part III of the old Act

Subdivision B of this Division

\n```\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.","sortOrder":57},{"sectionNumber":"Division 3","sectionType":"division","heading":"Cessation of Australian citizenship","content":"An Act relating to Australian citizenship\n\nPreamble\n\n The Parliament recognises that 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.\n The Parliament recognises that persons conferred Australian citizenship enjoy these rights and undertake to accept these obligations:\n (a) by pledging loyalty to Australia and its people; and\n (b) by sharing their democratic beliefs; and\n (c) by respecting their rights and liberties; and\n (d) by upholding and obeying the laws of Australia.\n\nThe Parliament of Australia enacts:\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Citizenship Act 2007.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

15 March 2007

2. Sections 2A to 54

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01653)

3. Schedule 1

At the same time as the provisions covered by table item 2.

1 July 2007

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 2A Simplified outline\n\n The following is a simplified outline of this Act:\n\nWhat this Act covers\n\nThis Act sets out how you become an Australian citizen, the circumstances in which you may cease to be a citizen and some other matters related to citizenship.\n\nBecoming an Australian citizen\n\nThere are a range of ways you can become an Australian citizen.\n\nAcquiring citizenship automatically\n\nGenerally, you become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born.\n\nThere are some other, less common, ways of automatically becoming a citizen.\n\nDivision 1 of Part 2 has details about acquiring citizenship automatically.\n\nAlso, if you were a citizen under the old Act immediately before the day that this section commences, you will continue to be a citizen: see subsection 4(1).\n\nAcquiring citizenship by application\n\nThe other way to become an Australian citizen is to apply to the Minister. This is covered by Division 2 of Part 2\\. There are 4 situations in which you can apply for citizenship.\n\nThe first is citizenship by descent. Generally, you would apply for this if you were born outside Australia and one or both of your parents were Australian citizens when you were born. Citizenship by descent is covered by Subdivision A.\n\nThe second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA.\n\nThe third is citizenship by conferral. Generally, you would need to be a permanent resident and willing to make a pledge of commitment to apply for citizenship by conferral. You may need to successfully complete a citizenship test. There are some less common circumstances in which you can apply for citizenship by conferral. Citizenship by conferral is covered by Subdivision B.\n\nThe fourth is resuming citizenship. In certain cases where you previously ceased to be an Australian citizen, you can apply for your citizenship to resume. Resuming citizenship is covered by Subdivision C.\n\nThe Minister must be satisfied of your identity for you to acquire citizenship by application. Rules about identification are in Division 5 of Part 2.\n\nThe Minister may be required to refuse your application on national security grounds.\n\nCeasing to be an Australian citizen\n\nThere are a number of ways that you can cease to be an Australian citizen.\n\nYou can renounce your citizenship.\n\nIf you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances.\n\nThere are some other, less common, ways of ceasing to be a citizen.\n\nDivision 3 of Part 2 has details about ceasing to be a citizen.\n\nEvidence that a person is an Australian citizen\n\nYou can apply to the Minister for evidence of your Australian citizenship. This is covered by Division 4 of Part 2.\n\n#### 3 Definitions\n\n In this Act:\n\n> adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> artificial conception procedure includes:\n\n (a) artificial insemination; and\n (b) the implantation of an embryo in the body of a woman.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian citizen has the meaning given by section 4.\n\n> Australian law means a law of the Commonwealth, a State or a Territory.\n\n> bogus document has the same meaning as in subsection 5(1) of the Migration Act 1958.\n\n> child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:\n\n (a) an adopted child, stepchild or exnuptial child of the person;\n (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n\n> citizenship law means:\n\n (a) this Act; and\n (b) the regulations; and\n (c) any legislative instrument made under this Act or the regulations.\n\n> commencement day means the day on which sections 2A to 54 (as originally enacted) commence.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> disclose, in relation to identifying information that is a personal identifier provided under Division 5 of Part 2, includes provide unauthorised access to the personal identifier.\n\n> Note: Section 42 deals with authorised access to identifying information.\n\n> entrusted person means:\n\n (a) the Secretary of the Department; or\n (b) an APS employee in the Department; or\n (c) a person engaged under section 74 of the Public Service Act 1999 by the Secretary of the Department; or\n (d) a person engaged by the Commonwealth, the Minister, the Secretary of the Department, or by an APS employee in the Department, to do work for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act.\n\n> Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> foreign law means a law of a foreign country.\n\n> identifying information means the following:\n\n (a) any personal identifier provided under Division 5 of Part 2;\n (b) any meaningful identifier derived from any such personal identifier;\n (c) any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier;\n (d) any other information derived from:\n (i) any such personal identifier; or\n (ii) any meaningful identifier derived from any such personal identifier; or\n (iii) any record of a kind referred to in paragraph (c);\n that could be used to discover a particular person’s identity or to get information about a particular person.\n\n> national security offence means:\n\n (b) an offence against Division 72 of the Criminal Code; or\n (c) an offence against Part 5.1 of the Criminal Code (treason and related offences) other than section 83.4 (interference with political rights and duties); or\n (ca) an offence against Division 91 of the Criminal Code (espionage); or\n (cb) an offence against Part 5.3 or 5.3A (terrorism), or 5.3B (prohibited hate groups), of the Criminal Code; or\n (d) an offence against the Australian Security Intelligence Organisation Act 1979; or\n (e) an offence against the Intelligence Services Act 2001; or\n (f) an offence covered by a determination in force under section 6A.\n\n> New Guinea:\n\n (a) has the same meaning as the Territory of New Guinea had in the Papua New Guinea Act 1949 immediately before 16 September 1975; and\n (b) in relation to any time before 4 June 1969—includes a reference to the Island of Nauru.\n\n> old Act means the Australian Citizenship Act 1948 as in force at any time before the commencement day.\n\n> ordinarily resident: a person is taken to be ordinarily resident in a country if and only if:\n\n (a) he or she has his or her home in that country; or\n (b) that country is the country of his or her permanent abode even if he or she is temporarily absent from that country.\n However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.\n\n> Papua has the same meaning as the Territory of Papua had in the Papua New Guinea Act 1949 immediately before 16 September 1975.\n\n> permanent resident has the meaning given by section 5.\n\n> permanent visa has the same meaning as in the Migration Act 1958.\n\n> personal identifier has the meaning given by section 10.\n\n> prison includes any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon the person because of that conviction.\n\n> psychiatric institution includes a psychiatric section of a hospital.\n\n> qualified security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> responsible parent has the meaning given by section 6.\n\n> serious offence has the meaning given by subsection 36C(3).\n\n> serious prison sentence means a sentence of imprisonment for a period of at least 12 months.\n\n> serious repeat offender: a person is a serious repeat offender in relation to a serious prison sentence if the sentence was imposed on the person for an offence committed by the person at a time after the person ceased to be confined in prison because of the imposition of another serious prison sentence.\n\n> special category visa has the same meaning as in the Migration Act 1958.\n\n> special purpose visa has the same meaning as in the Migration Act 1958.\n\n> Stateless Persons Convention means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954 \\[1974\\] ATS 20.\n\n> Note: The text of the Convention is set out in Australian Treaty Series 1974 No. 20\\. In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person’s stepchild except that the person is not legally married to the person’s de facto partner.\n\n> unlawful non‑citizen has the same meaning as in the Migration Act 1958.\n\n> visa has the same meaning as in the Migration Act 1958.\n\n#### 4 Australian citizen\n\n (1) For the purposes of this Act, Australian citizen means a person who:\n (a) is an Australian citizen under Division 1 or 2 of Part 2; or\n (b) satisfies both of the following:\n (i) the person was an Australian citizen under the Australian Citizenship Act 1948 immediately before the commencement day;\n (ii) the person has not ceased to be an Australian citizen under this Act.\n Citizenship under the old Act\n (2) If, under this Act, it is necessary to work out if a person was an Australian citizen at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 5 Permanent resident\n\n (1) For the purposes of this Act, a person is a permanent resident at a particular time if and only if:\n (a) the person is present in Australia at that time and holds a permanent visa at that time; or\n (b) both:\n (i) the person is not present in Australia at that time and holds a permanent visa at that time; and\n (ii) the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia; or\n (c) the person is covered by a determination in force under subsection (2) at that time.\n (2) The Minister may, by legislative instrument, determine that:\n (a) persons who hold a special category visa or a special purpose visa; or\n (b) persons who have held a special category visa; or\n (c) persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands;\n and who satisfy specified requirements are, or are during a specified period, persons to whom this subsection applies.\n Permanent resident under the old Act\n (3) If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 6 Responsible parent\n\n (1) For the purposes of this Act, a person is a responsible parent in relation to a child if and only if:\n (a) the person is a parent of the child except where, because of orders made under the Family Law Act 1975, the person no longer has any parental responsibility for the child; or\n (b) under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or\n (c) under a parenting order the person has parental responsibility for the child’s long‑term or day‑to‑day care, welfare and development (whether or not the person is a parent of the child); or\n (d) the person (whether or not a parent of the child) has guardianship or custody of the child, jointly or otherwise, under an Australian law or a foreign law, whether because of adoption, operation of law, an order of a court or otherwise.\n (1A) In paragraph (1)(a):\n\n> parental responsibility has the same meaning as in Part VII of the Family Law Act 1975.\n\n (2) Expressions used in paragraphs (1)(b) and (c) have the same meaning as in the Family Law Act 1975.\n\n#### 6A National security offences\n\n (1) The Minister may, by legislative instrument, determine that:\n (a) an offence against a specified provision of a specified Australian law or a specified foreign law; or\n (b) an offence against an Australian law or a foreign law involving specified conduct;\n is a national security offence for the purposes of paragraph (f) of the definition of national security offence in section 3.\n (2) A determination under subsection (1) applies in relation to:\n (a) applications made under this Act after the determination takes effect; and\n (b) applications made under this Act before the determination takes effect that have not been decided before the determination takes effect.\n\n#### 7 Children born on ships or aircraft or after death of parent\n\n Persons born on ships or aircraft\n (1) For the purposes of this Act:\n (a) a person born on a ship or aircraft registered in Australia or a foreign country is taken to have been born at the place at which the ship or aircraft is registered; and\n (b) a person born on a ship or aircraft not registered in Australia or a foreign country and belonging to the government of a country is taken to have been born in that country.\n Persons born after death of parent\n (2) For the purposes of this Act, the status of a parent of a person at the time of the person’s birth is, for a parent who died before the birth, taken to be the status of the parent when the parent died.\n\n#### 8 Children born as a result of artificial conception procedures or surrogacy arrangements\n\n (1) This section applies if a child is:\n (a) a child of a person under section 60H or 60HB of the Family Law Act 1975; and\n (b) either:\n (i) a child of the person’s spouse or de facto partner under that section; or\n (ii) a biological child of the person’s spouse or de facto partner.\n (2) The child is taken for the purposes of this Act:\n (a) to be the child of the person and the spouse or de facto partner; and\n (b) not to be the child of anyone else.\n\n#### 9 Confinement in prison or psychiatric institution\n\n Confinement in prison\n (1) For the purposes of this Act, the period during which a person is confined to a prison includes a period:\n (a) during which the person is an escapee from the prison; or\n (b) during which the person is undergoing a sentence of periodic detention in the prison.\n (2) For the purposes of this Act, the period during which a person is confined to a prison does not include a period during which the person has been so confined by reason only of the person serving a sentence relating to a conviction that is later quashed.\n Confinement in psychiatric institution\n (3) For the purposes of this Act, the period during which a person is confined in a psychiatric institution by order of a court includes a period during which the person is an escapee from the institution.\n\n#### 10 Personal identifiers\n\n (1) For the purposes of this Act, a personal identifier is any of the following (including any of the following in digital form):\n (a) fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies);\n (b) a measurement of a person’s height and weight;\n (c) a photograph or other image of a person’s face;\n\nNote: See section 10A.\n\n (d) an iris scan;\n (e) a person’s signature;\n (f) any other identifier prescribed by the regulations (except an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914).\n (2) Before the Governor‑General makes regulations for the purposes of paragraph (1)(f) prescribing an identifier, the Minister must be satisfied that:\n (a) obtaining the identifier would not involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914; and\n (b) the identifier is an image of, or a measurement or recording of, an external part of the body; and\n (c) obtaining the identifier is necessary for either or both of the following purposes:\n (i) assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2 or seeking to sit a test approved in a determination under section 23A;\n (ii) combating document and identity fraud in citizenship matters;\n\n#### 10A References to photograph or other image of person’s face\n\n A reference in the citizenship law to a photograph or other image of a person’s face includes a reference to a photograph or other image of:\n (a) the person’s face and all or part of the person’s neck; or\n (b) the person’s face and neck and all or part of the person’s shoulders.\n\n#### 10B Providing photographs and other images of faces to the Minister or authorised persons\n\n (1) This section applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to the Minister; and\n (b) for the purposes of that requirement:\n (i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (2) This section also applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to a person mentioned in paragraph 40(1)(d) or (e); and\n (b) for the purposes of that requirement:\n (i) the person provides to a person mentioned in paragraph 40(1)(d) or (e) (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (3) For the purposes of the citizenship law, the person is taken to provide the derived image to the recipient for the purposes of the requirement mentioned in paragraph (1)(a) or (2)(a) of this section.\n\n#### 11 Operation of Act\n\n External Territories\n (1) This Act extends to the external Territories.\n Application outside Australia\n (2) This Act extends unless the contrary intention appears:\n (a) to acts, omissions, matters and things outside Australia; and\n (b) to all persons, irrespective of their nationality or citizenship.\n State and Territory laws\n (3) It is the intention of the Parliament that this Act apply to the exclusion of any provisions of a law of a State or Territory that provide for Australian citizenship (whether the law was made before or after the commencement day).\n\n## Part 2—Australian citizenship\n\n### Division 1—Automatic acquisition of Australian citizenship\n\n#### 11A Simplified outline\n\n The following is a simplified outline of this Division:\n\nThe most common way you become an Australian citizen under this Division is by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of your birth.\n\nThere are some other, less common, ways of becoming an Australian citizen under this Division. These cover:\n\n• citizenship by being born in Australia and by being ordinarily resident in Australia for the next 10 years: see section 12; and\n\n• citizenship by adoption: see section 13; and\n\n• citizenship for abandoned children: see section 14; and\n\n• citizenship by incorporation of territory: see section 15.\n\n#### 12 Citizenship by birth\n\n (1) A person born in Australia is an Australian citizen if and only if:\n (a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or\n (b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.\n Enemy occupation\n (2) However, a person is not an Australian citizen under this section if, at the time the person is born:\n (a) a parent of the person is an enemy alien; and\n (b) the place of the birth is under occupation by the enemy;\n unless, at that time, the other parent of the person:\n (c) is an Australian citizen or a permanent resident; and\n (d) is not an enemy alien.\n\n#### 13 Citizenship by adoption\n\n A person is an Australian citizen if the person is:\n (a) adopted under a law in force in a State or Territory; and\n (b) adopted by a person who is an Australian citizen at the time of the adoption or by 2 persons jointly at least one of whom is an Australian citizen at that time; and\n (c) present in Australia as a permanent resident at that time.\n\n#### 14 Citizenship for abandoned children\n\n A person is an Australian citizen if the person is found abandoned in Australia as a child, unless and until the contrary is proved.\n\n#### 15 Citizenship by incorporation of Territory\n\n (1) A person is an Australian citizen if:\n (a) any territory becomes a part of Australia; and\n (b) the person is included in a class of persons specified in a determination under this section.\n Determination\n (2) The Minister may, by legislative instrument, determine that specified classes of persons are Australian citizens from a specified day because of their connection with that territory.\n Day citizenship begins\n (3) The person becomes an Australian citizen on that day.\n Retrospective application of instruments\n (4) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the instrument.\n\n### Division 2—Acquisition of Australian citizenship by application\n\n#### Subdivision A—Citizenship by descent\n\n#### 15A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 2 situations:\n\n• you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth: see subsection 16(2); or\n\n• you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949: see subsection 16(3).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 17(3); or\n\n• national security: see subsections 17(4) to (4B); or\n\n• cessation of citizenship: see subsection 17(5).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\nYou 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.\n\n#### 16 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Persons born outside Australia on or after 26 January 1949\n (2) A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person was an Australian citizen at the time of the birth; and\n (b) if the parent was an Australian citizen under this Subdivision or Subdivision AA, or section 10B, 10C or 11 of the old Act (about citizenship by descent), at the time of the birth:\n (i) the parent has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the person made the application; or\n (ii) the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n Persons born outside Australia or New Guinea before 26 January 1949\n (3) A person born outside Australia or New Guinea before 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person became an Australian citizen on 26 January 1949; and\n (b) the parent was born in Australia or New Guinea or was naturalised in Australia before the person’s birth; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 17 Minister’s decision\n\n (1) If a person makes an application under section 16, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n (2) Subject to this section, the Minister must approve the person becoming an Australian citizen if the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 16, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) at the time of the person’s birth, the person had a parent who was an Australian citizen.\n Cessation of citizenship\n (5) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 18 Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19 Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### 19A When a person does not become a citizen despite the Minister’s approval\n\n Despite section 19, a person does not become an Australian citizen under this Subdivision, even if the Minister approves the person becoming an Australian citizen, unless:\n (a) if the person was born on or after 26 January 1949—a parent of the person was an Australian citizen at the time of the person’s birth; or\n (b) if the person was born before 26 January 1949—a parent of the person became an Australian citizen on 26 January 1949.\n\n#### Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n\n#### 19B Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia by at least one Australian citizen in accordance with:\n\n(a) the Hague Convention on Intercountry Adoption; or\n\n(b) a bilateral arrangement.\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 19D(4); or\n\n• national security: see subsections 19D(5) to (7A); or\n\n• cessation of citizenship: see subsection 19D(8).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\n#### 19C Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Eligibility\n (2) A person (the applicant) is eligible to become an Australian citizen if:\n (a) the applicant is adopted in a Convention country or a prescribed overseas jurisdiction by:\n (i) a person (the adopter) who is an Australian citizen at time of the adoption; or\n (ii) 2 persons jointly, only one of whom (the adopter) is an Australian citizen at the time of the adoption; or\n (iii) 2 persons jointly, both of whom (the adopters) are Australian citizens at the time of the adoption; and\n (b) an adoption compliance certificate issued in that country is in force for the adoption; and\n (c) under the Intercountry Adoption regulations or the Bilateral Arrangements regulations, as applicable, the adoption is recognised and effective for the laws of the Commonwealth and each State and Territory; and\n (d) the legal relationship between the applicant and the individuals who were, immediately before the adoption, the applicant’s parents has been terminated; and\n (e) if subparagraph (a)(i) or (ii) applies and the adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—the adopter satisfies subsection (3); and\n (f) if subparagraph (a)(iii) applies and each adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—either or both of the adopters satisfy subsection (3); and\n (g) if the applicant is aged 18 or over at the time the applicant made the application—the Minister is satisfied that the applicant is of good character at the time of the Minister’s decision on the application.\n (3) An adopter satisfies this subsection if the adopter has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the applicant made the application.\n Definitions\n (4) In this section:\n\n> adoption compliance certificate:\n\n (a) for an adoption in accordance with the Hague Convention on Intercountry Adoption—has the same meaning as in the Intercountry Adoption regulations; and\n (b) for an adoption in accordance with a bilateral arrangement—has the same meaning as in the Bilateral Arrangements regulations.\n\n> Bilateral Arrangements regulations means prescribed regulations made under the Family Law Act 1975.\n\n> Convention country has the same meaning as in the Intercountry Adoption regulations.\n\n> Intercountry Adoption regulations means prescribed regulations made under the Family Law Act 1975.\n\n> prescribed overseas jurisdiction has the same meaning as in the Bilateral Arrangements regulations.\n\n#### 19D Minister’s decision\n\n (1) If a person makes an application under section 19C, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (2) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 19C(2).\n (3) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 19C(2).\n Identity\n (4) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (5) If the person is not covered by subsection (7), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (6) If the person is covered by subsection (7), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (7)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7A), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (7)(b)(ii) applies to the person—has been convicted of a national security offence.\n (7) A person is covered by this subsection if:\n (a) at the time the person made the application under section 19C, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7A) The Minister may decide that subparagraph (6)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n Cessation of citizenship\n (8) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 19E Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19F Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### Subdivision B—Citizenship by conferral\n\n#### 19G Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 7 situations:\n\n• you satisfy the general eligibility criteria and have successfully completed a citizenship test: see subsections 21(2) and (2A); or\n\n• you have a permanent or enduring physical or mental incapacity: see subsection 21(3); or\n\n• you are aged 60 or over or have a hearing, speech or sight impairment: see subsection 21(4); or\n\n• you are aged under 18: see subsection 21(5); or\n\n• you were born to a former Australian citizen: see subsection 21(6); or\n\n• you were born in Papua: see subsection 21(7); or\n\n• you are a stateless person: see subsection 21(8).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 24(3); or\n\n• national security: see subsections 24(4) to (4C); or\n\n• non‑presence in Australia: see subsection 24(5); or\n\n• offences: see subsection 24(6); or\n\n• cessation of citizenship: see subsection 24(7).\n\nYou may need to make a pledge of commitment to become an Australian citizen.\n\n#### 20 Requirements for becoming a citizen\n\n A person becomes an Australian citizen under this Subdivision if:\n (a) the Minister decides under subsection 24(1) to approve the person becoming an Australian citizen; and\n (b) if the person is required to make a pledge of commitment to become an Australian citizen—the person makes that pledge.\n\n> Note: Sections 21 to 25 deal with the Minister approving the person becoming an Australian citizen. Sections 26 and 27 deal with the making of a pledge of commitment.\n\n#### 21 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note 1: Subsections (2) to (8) deal with eligibility.\n\n> Note 2: Section 46 sets out application requirements (which may include the payment of a fee).\n\n General eligibility\n (2) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) understands the nature of an application under subsection (1); and\n (e) possesses a basic knowledge of the English language; and\n (f) has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship; and\n (g) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (h) is of good character at the time of the Minister’s decision on the application.\n (2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if the Minister is satisfied that the following apply:\n (a) the person has sat a test approved in a determination under section 23A;\n (b) the person was eligible to sit that test (worked out in accordance with that determination);\n (c) the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination;\n (d) the person successfully completed that test (worked out in accordance with that determination) within the relevant test period.\n Permanent or enduring physical or mental incapacity\n (3) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) has a permanent or enduring physical or mental incapacity, at the time the person made the application, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged 60 or over or has hearing, speech or sight impairment\n (4) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is:\n (i) aged 60 or over at the time the person made the application; or\n (ii) aged 18 or over at the time the person made the application and is suffering from a permanent loss or substantial impairment of hearing, speech or sight at that time; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) understands the nature of the application at the time the person made the application; and\n (d) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged under 18\n (5) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged under 18 at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application.\n Person born to former Australian citizen\n (6) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born outside Australia; and\n (b) a parent of the person was not an Australian citizen at the time of the person’s birth; and\n (c) the parent had ceased to be an Australian citizen under section 17 of the old Act (about dual citizenship) before that time; and\n (d) if the person is aged 18 or over at the time the person made the application—the person is of good character at the time of the Minister’s decision on the application.\n Person born in Papua\n (7) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Papua before 16 September 1975; and\n (b) a parent of the person was born in Australia (within the meaning of this Act at the time the person made the application); and\n (c) the parent was an Australian citizen at the time of the person’s birth; and\n (d) the person is of good character at the time of the Minister’s decision on the application.\n Statelessness\n (8) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Australia; and\n (b) the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (c) the person has:\n (i) never been a national of any country; and\n (ii) never been a citizen of any country; and\n (d) the person:\n (i) is not entitled to acquire the nationality of a foreign country; and\n (ii) is not entitled to acquire the citizenship of a foreign country.\n\n#### 22 General residence requirement\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:\n (a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and\n (b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and\n (c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.\n Overseas absences\n (1A) If:\n (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 12 months;\n then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.\n (1B) If:\n (a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 90 days; and\n (c) the person was a permanent resident during each period of absence;\n then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.\n Confinement in prison or psychiatric institution\n (1C) Subject to subsection (5A), the person is taken not to satisfy paragraph (1)(a) if, at any time during the 4 year period mentioned in that paragraph, the person was:\n (a) confined in a prison; or\n (b) 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.\n Partial exemption—person born in Australia or former Australian citizen\n (2) Paragraphs (1)(a) and (b) do not apply if the person:\n (a) was born in Australia; or\n (b) was an Australian citizen at any time before the person made the application.\n Ministerial discretion—administrative error\n (4A) For the purposes of paragraph (1)(b), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n (5) 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 the Minister considers the person was present in Australia during that period but, because of an administrative error, was not a permanent resident during that period.\n Ministerial discretion—confinement in prison or psychiatric institution\n (5A) The Minister may decide that subsection (1C) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—person in Australia would suffer significant hardship or disadvantage\n (6) 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:\n (a) the person was present in Australia during that period (except as a permanent resident or an unlawful non‑citizen); and\n (b) the Minister is satisfied that the person will suffer significant hardship or disadvantage if that period were not treated as one during which the person was present in Australia as a permanent resident.\n Ministerial discretion—spouse, de facto partner or surviving spouse or de facto partner of Australian citizen\n (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, the Minister may treat a period as one in which the person was present in Australia as a permanent resident if:\n (a) the person was a spouse or de facto partner of that Australian citizen during that period; and\n (b) the person was not present in Australia during that period; and\n (c) the person was a permanent resident during that period; and\n (d) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n (10) In subsection (9):\n\n> 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.\n\n Ministerial discretion—person in an interdependent relationship\n (11) If, at the time the person made the application, the person:\n (a) holds a permanent visa granted to the person because the person was in an interdependent relationship with an Australian citizen; and\n (b) is in that interdependent relationship;\n then, 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:\n (c) the person held that visa during that period and the person was in that interdependent relationship during that period; and\n (d) the person was not present in Australia during that period; and\n (e) the person was a permanent resident during that period; and\n (f) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n\n#### 22A Special residence requirement—persons engaging in activities that are of benefit to Australia\n\n (1) Subject to this section, for the purposes of section 21 a person (the applicant) satisfies the special residence requirement if:\n (a) the following apply:\n (i) the applicant is seeking to engage in an activity specified under subsection 22C(1);\n (ii) the applicant’s engagement in that activity would be of benefit to Australia;\n (iii) the applicant needs to be an Australian citizen in order to engage in that activity;\n (iv) in order for the applicant to engage in that activity, there is insufficient time for the applicant to satisfy the general residence requirement (see section 22); and\n (b) the head of an organisation specified under subsection 22C(2), or a person whom the Minister is satisfied holds a senior position in that organisation, has given the Minister a notice in writing stating that the applicant has a reasonable prospect of being engaged in that activity; and\n (c) the applicant was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the applicant made the application; and\n (d) the applicant was present in Australia for a total of at least 90 days during the period of 12 months immediately before the day the applicant made the application; and\n (e) the applicant was ordinarily resident in Australia throughout the period of 2 years immediately before the day the applicant made the application; and\n (f) the applicant was a permanent resident for the period of 2 years immediately before the day the applicant made the application; and\n (g) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 2 years immediately before the day the applicant made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the applicant if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the applicant; and\n (b) the Minister is satisfied that the applicant satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (c) the applicant was a permanent resident throughout the period of 90 days immediately before the day the applicant made the application; and\n (d) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the applicant made the application; and\n (e) the applicant has given the Minister an undertaking in a form approved by the Minister under subsection (8); and\n (f) the applicant has declared, in the undertaking, that:\n (i) if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection, the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and\n (ii) the applicant understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the applicant, then, for the purposes of section 21, the applicant is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the applicant is taken not to satisfy paragraph (1)(c) if, at any time during the 2 year period mentioned in that paragraph, the applicant was:\n (a) confined in a prison; or\n (b) 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 applicant.\n (3) The Minister may decide that subsection (2) does not apply in relation to the applicant if, taking into account the circumstances that resulted in the applicant’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the applicant.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(c), the Minister may treat a period as one in which the applicant was a permanent resident if the Minister considers that, because of an administrative error, the applicant was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(d), the Minister may treat a period as one in which the applicant was not present in Australia as an unlawful non‑citizen if the Minister considers the applicant was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(e).\n (9) If the applicant becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the applicant becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the activity covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that activity would be of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the applicant.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22B Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the special residence requirement if:\n (a) at the time the person made the application, the person is engaged in work of a kind specified under subsection 22C(3) and the person is required to regularly travel outside Australia because of that work; and\n (b) the following apply:\n (i) the person was engaged in that kind of work for a total of at least 2 years during the period of 4 years immediately before the day the person made the application;\n (ii) for the whole or part of that 4 year period when the person was engaged in that kind of work, the person regularly travelled outside Australia because of that work; and\n (c) the person was present in Australia for a total of at least 480 days during the period of 4 years immediately before the day the person made the application; and\n (d) the person was present in Australia for a total of at least 120 days during the period of 12 months immediately before the day the person made the application; and\n (e) the person was ordinarily resident in Australia throughout the period of 4 years immediately before the day the person made the application; and\n (f) the person was a permanent resident for the period of 12 months immediately before the day the person made the application; and\n (g) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 4 years immediately before the day the person made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the person if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the person; and\n (b) the Minister is satisfied that the person’s engagement in the kind of work concerned is of benefit to Australia; and\n (c) the Minister is satisfied that the person satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (d) the person was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the person made the application; and\n (e) the person was a permanent resident throughout the period of 90 days immediately before the day the person made the application; and\n (f) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the person made the application; and\n (g) the person has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the person becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection:\n (i) the person will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the person becomes an Australian citizen; and\n (ii) the person will be present in Australia for a total of at least 180 days during that 2‑year period; and\n (h) the person has declared, in the undertaking, that the person understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the person, then, for the purposes of section 21, the person is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the person is taken not to satisfy:\n (a) paragraph (1)(c) if, at any time during the 4‑year period mentioned in that paragraph; or\n (b) paragraph (1A)(d) if, at any time during the 2‑year period mentioned in that paragraph;\n the person was:\n (c) confined in a prison; or\n (d) 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.\n (3) The Minister may decide that subsection (2) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(e), the Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(f), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the person or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(g).\n (9) If the person becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the person becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the kind of work covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that kind of work is of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the person.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22C Special residence requirement—legislative instruments\n\n (1) The Minister may, by legislative instrument, specify activities for the purposes of subparagraph 22A(1)(a)(i).\n (2) The Minister may, by legislative instrument, specify organisations for the purposes of paragraph 22A(1)(b).\n (3) The Minister may, by legislative instrument, specify kinds of work for the purposes of paragraph 22B(1)(a).\n\n#### 23 Defence service requirement\n\n Person who has completed relevant defence service\n (1) For the purposes of section 21, a person satisfies the defence service requirement if the person has completed relevant defence service.\n Member of family unit of person who has completed relevant defence service etc.\n (2) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person has completed relevant defence service; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) the relative holds a visa of that kind because the relative is a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n (3) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person dies while undertaking service in the Permanent Forces or the Reserves; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) immediately before the death of the defence person, the relative held a visa of that kind because the relative was a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n Definitions\n (4) In this section:\n\n> member of the family unit of a person has the same meaning as in the Migration Act 1958.\n\n> Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.\n\n> relevant defence service: a person has completed relevant defence service if:\n\n (a) the person has undertaken a total of at least 90 days service in one or more of the Permanent Forces (whether or not that service was continuous); or\n (b) the person has undertaken a total of at least 90 days service on which he or she was required for, and attended and was entitled to be paid for, duty in one or more of the Reserves (whether or not that service was continuous); or\n (c) the person:\n (i) was discharged from service undertaken in one of the Permanent Forces or the Reserves as medically unfit for that service; and\n (ii) became so unfit because of service undertaken in any of the Permanent Forces or the Reserves.\n\n> Reserves means the Naval Reserve, the Army Reserve or the Air Force Reserve.\n\n> service: a person undertakes service in the Permanent Forces or the Reserves only if the person is appointed, enlisted or transferred into any of the Permanent Forces or the Reserves.\n\n> Note: For appointment, enlistment or transfer into any of the Permanent Forces or the Reserves, see the Defence Act 1903.\n\n#### 23A Citizenship test\n\n (1) The Minister must, by written determination, approve a test for the purposes of subsection 21(2A) (about general eligibility for citizenship).\n\n> Note: The test must be related to the eligibility criteria referred to in paragraphs 21(2)(d), (e) and (f).\n\n Successful completion of the test\n (2) A determination under subsection (1) must specify what amounts to successful completion of the test.\n Eligibility criteria for sitting the test\n (3) A determination under subsection (1) may set out the eligibility criteria a person must satisfy to be able to sit the test.\n\n> Note: The eligibility criteria for sitting the test cannot be inconsistent with this Act and in particular subsection 21(2) (about the general eligibility criteria for becoming an Australian citizen).\n\n (4) For the purposes of subsection (3), the determination may provide that a person is not eligible to sit the test unless the person is a permanent resident and the Minister is satisfied of the identity of the person.\n (5) Subsection (4) does not limit subsection (3).\n Period for sitting and completing the test\n (5A) A determination under subsection (1) may provide for the period within which a person must start the test and for the period within which a person must complete the test.\n Other matters\n (6) A determination under subsection (1) may cover any other matter related to the test the Minister thinks appropriate.\n Determination not a legislative instrument\n (7) A determination made under subsection (1) is not a legislative instrument.\n\n#### 24 Minister’s decision\n\n (1) If a person makes an application under section 21, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n\n> Note: The Minister may cancel an approval: see section 25.\n\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6), (7) or (8).\n (2) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6) or (7).\n (2A) If the Minister exercised the power under subsection 22A(1A) or 22B(1A) in relation to the person, the decision under subsection (1) of this section must be made by the Minister personally.\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (4B)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (4C), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (4B)(b)(ii) applies to the person—has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 21, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (4C) The Minister may decide that subparagraph (4A)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n (4D) To avoid doubt, subsection (4A) applies to a person who is eligible to become an Australian citizen under subsection 21(8).\n Person not present in Australia\n (5) If:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (aa) the Minister is satisfied that the person did not satisfy the special residence requirement referred to in section 22A or 22B; and\n (b) the Minister did not apply subsection 22(9) in relation to the person; and\n (c) the Minister did not apply subsection 22(11) in relation to the person;\n the Minister must not approve the person becoming an Australian citizen at a time when the person is not present in Australia.\n Offences\n (6) The Minister must not approve the person becoming an Australian citizen at a time:\n (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\n (b) when the person is confined to a prison in Australia; or\n (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\n (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\n (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\n (f) if the person:\n (i) has been released by a court from serving the whole or a part of a sentence of imprisonment; and\n (ii) has been so released because the person gave a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (g) if, in respect of proceedings for an offence against an Australian law in relation to the person:\n (i) a court does not impose a sentence of imprisonment on the person; and\n (ii) the court releases the person because the person gives a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (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.\n Cessation of citizenship\n (7) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n Statelessness\n (8) However, subsections (6) and (7) do not apply to a person covered by subsection 21(8) (about statelessness).\n\n#### 25 Minister may cancel approval\n\n (1) The Minister may, by writing, cancel an approval given to a person under section 24 if:\n (a) the person has not become an Australian citizen under section 28; and\n (b) either of the following 2 situations apply.\n Eligibility criteria not met\n (2) The first situation applies if:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (b) the Minister is satisfied that, at the time the Minister proposes to cancel the approval, the person is:\n (i) not a permanent resident; or\n (ii) not likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia; or\n (iii) not of good character.\n Failure to make pledge of commitment\n (3) The second situation applies if:\n (a) the person has failed to make a pledge of commitment within 12 months after the day on which the person received notice of the approval; and\n (b) the person’s reason for the failure is not one that is prescribed by the regulations for the purposes of this subsection.\n Cancellation of child’s approval\n (4) If:\n (a) a child aged under 16 makes an application under section 21 at a particular time; and\n (b) 1 or more responsible parents of the child make applications under section 21 at that time; and\n (c) the Minister decides under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens; and\n (d) the Minister cancels the approval given to each responsible parent;\n the Minister must, by writing, cancel the approval given to the child.\n Effect of cancellation\n (5) If the Minister cancels an approval given to a person, the approval is taken never to have been given.\n\n> Note: A person cannot become an Australian citizen under this Subdivision unless the Minister approves the person becoming an Australian citizen. This subsection has the effect that the person will need to make another application if the person wants to become an Australian citizen.\n\n#### 26 Pledge of commitment must be made\n\n (1) A person must make a pledge of commitment to become an Australian citizen unless the person:\n (a) is aged under 16 at the time the person made the application to become an Australian citizen; or\n (b) has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or\n (c) is covered by subsection 21(6), (7) or (8).\n\n> Note: See section 27 for how the pledge is to be made.\n\n (2) A person must not make a pledge of commitment before the Minister approves the person’s application to become an Australian citizen. A pledge of commitment made by the person before that time is of no effect.\n Delayed making of pledge\n (3) If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:\n (a) a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or\n (b) the person has been or may be charged with an offence under an Australian law.\n (4) The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.\n (5) The Minister may, by writing, revoke a determination.\n (6) If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. A pledge of commitment made by the person before that time is of no effect.\n\n#### 27 How pledge of commitment is to be made\n\n Form of pledge\n (1) A pledge of commitment must be made in accordance with either of the forms set out in Schedule 1.\n Prescribed arrangements\n (2) A pledge of commitment must be made in accordance with the arrangements prescribed by the regulations.\n\n> Note: The regulations may provide for a pledge of commitment to be made in public.\n\n Persons who may receive pledge\n (3) A pledge of commitment must be made before:\n (a) the Minister; or\n (b) a person authorised under subsection (4); or\n (c) a person who is included in a class of persons authorised under subsection (5).\n (4) The Minister may, by writing, authorise a person for the purposes of paragraph (3)(b).\n (5) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (3)(c).\n\n#### 28 Day citizenship begins etc.\n\n Persons required to make pledge of commitment\n (1) A person required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the person makes the pledge.\n Persons not required to make pledge of commitment\n (2) Subject to subsection (3), a person not required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n Applications made at the same time by child and responsible parents\n (3) Subsection (2) does not apply to a child aged under 16 at the time the child made the application to become an Australian citizen if:\n (a) 1 or more responsible parents of the child made applications under section 21 at that time; and\n (b) the Minister decided under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens.\n (4) If 1 or more of the responsible parents become Australian citizens under this section, the child becomes an Australian citizen on the first day on which a responsible parent becomes an Australian citizen.\n\n#### Subdivision C—Resuming citizenship\n\n#### 28A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you ceased to be an Australian citizen under this Act or the old Act.\n\nYou must make an application to become an Australian citizen again. The Minister must approve or refuse you becoming an Australian citizen again.\n\nYou must be eligible to be an Australian citizen again to be approved. You may be refused citizenship again even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 30(3); or\n\n• national security: see subsections 30(4) to (7).\n\nYou will be registered if the Minister approves you becoming an Australian citizen again.\n\n#### 29 Application and eligibility for resuming citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen again.\n\n> Note 1: Section 46 sets out application requirements (which may include the payment of a fee).\n\n> Note 2: The person may also apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under this Act\n (2) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 33 (about renunciation) in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (ii) section 36 (about children); and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n> Note 1: See also section 32 (which is about persons resuming their former citizenship status).\n\n> Note 2: A person who ceases to be an Australian citizen under section 34 or 34A may apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under old Act\n (3) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 17 (about dual citizenship) of the old Act; or\n (ii) section 18 (about renunciation) of the old Act in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (iii) section 20 (about residence outside Australia) of the old Act; or\n (iv) section 23 (about children) of the old Act; and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 30 Minister’s decision\n\n (1) If a person makes an application under section 29, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen again.\n (1A) The Minister must not approve the person becoming an Australian citizen again unless the person is eligible to become an Australian citizen again under subsection 29(2) or (3).\n (2) The Minister may refuse to approve the person becoming an Australian citizen again despite the person being eligible to become an Australian citizen again under subsection 29(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen again unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (5) If the person is covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again if the person:\n (a) if subparagraph (6)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (6)(b)(ii) applies to the person—has been convicted of a national security offence.\n (6) A person is covered by this subsection if:\n (a) at the time the person made the application under section 29, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7) The Minister may decide that subparagraph (5)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n\n#### 31 Registration\n\n If the Minister approves the person becoming an Australian citizen again, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 32 Day citizenship begins again etc.\n\n (1) A person becomes an Australian citizen again on the day on which the Minister approves the person becoming an Australian citizen again.\n Same kind of citizenship—former citizen under this Act\n (2) If the person, before ceasing to be an Australian citizen, was an Australian citizen under Subdivision A, AA or B, the person becomes an Australian citizen again under that Subdivision.\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n Same kind of citizenship—former citizen under old Act\n (3) If the person, before ceasing to be an Australian citizen, was an Australian citizen under the provision set out in column 2 of the following table, the person becomes an Australian citizen again under the provision set out in column 3 of the table.\n\n```html\n

Same kind of citizenship

Column 1
Item

Column 2
Provision under which person was a citizen

Column 3
Provision under which person becomes a citizen again

1

Section 10B, 10C or 11 of the old Act

Subdivision A of this Division

2

Division 2 of Part III of the old Act

Subdivision B of this Division

\n```\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n### Division 3—Cessation of Australian citizenship\n\n#### Subdivision A—Simplified outline of this Division\n\n#### 32A Simplified outline of this Division\n\n The following is a simplified outline of this Division:\n\nThere are 5 ways in which you can cease to be an Australian citizen:\n\n• you may renounce your Australian citizenship: see section 33; or\n\n• 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\n\n• 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\n\n• if you are the child of a responsible parent who ceases to be an Australian citizen, the Minister can revoke your citizenship in some situations: see section 36; or\n\n• if you are convicted of certain offences and an order is made by a court that you cease to be an Australian citizen: see Subdivision C (citizenship cessation).\n\n#### Subdivision B—Citizenship renunciation and revocation\n\n#### 33 Renunciation by application\n\n (1) A person may make an application to the Minister to renounce the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Minister’s decision\n (2) The Minister must, by writing, approve or refuse to approve the person renouncing his or her Australian citizenship.\n (3) Subject to this section, the Minister must approve the person renouncing his or her Australian citizenship if the Minister is satisfied that:\n (a) the person is aged 18 or over, and is a national or citizen of a foreign country, at the time the person made the application; or\n (b) the person was born, or is ordinarily resident, in a foreign country and is not entitled, under the law of that country, to acquire the nationality or citizenship of that country because the person is an Australian citizen.\n (4) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n (5) The Minister may refuse to approve the person renouncing his or her Australian citizenship if the person:\n (a) is a national or citizen of a foreign country at the time the person made the application; and\n (b) made the application during a war in which Australia is engaged.\n (6) The Minister must not approve the person renouncing his or her Australian citizenship if the Minister considers that it would not be in the interests of Australia to do so.\n (7) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person:\n (a) is a national or citizen of a foreign country immediately before the Minister’s decision on the application; or\n (b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval.\n Time citizenship ceases\n (8) If the Minister approves a person renouncing his or her Australian citizenship, the person ceases to be an Australian citizen at the time of the approval.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 34 Revocation by Minister—offences or fraud\n\n Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision A or AA of Division 2 (including because of the operation of section 32); and\n (b) either of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n Citizenship by conferral\n (2) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2 (including because of the operation of section 32); and\n (b) any of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person has, at any time after making the application to become an Australian citizen, been convicted of a serious offence within the meaning of subsection (5);\n (iii) the person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud within the meaning of subsection (6);\n (iv) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n (3) However, the Minister must not decide under subsection (2) to revoke a person’s Australian citizenship if:\n (a) the Minister may revoke the person’s Australian citizenship under that subsection only because of the application of subparagraph (2)(b)(ii); and\n (b) 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.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n Serious offence\n (5) For the purposes of this section, a person has been convicted of a serious offence if:\n (a) the person has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to death or to a serious prison sentence; and\n (b) the person committed the offence at any time before the person became an Australian citizen.\n Migration‑related fraud\n (6) For the purposes of this section, a person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud if and only if:\n (a) at any time, the person was convicted of an offence against:\n (i) section 234, 236 or 243, or former section 244 (as in force before its repeal by the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008), of the Migration Act 1958; or\n (ii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n that the person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the person’s entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia.\n (7) Subsection (6) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident.\n Third‑party fraud\n (8) For the purposes of this section, a person (the applicant) obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud if and only if:\n (a) at any time, another person was convicted of an offence against section 50 of this Act, or section 134.1, 135.2, 135.4, 136.1, 137.1, 137.2, 139.1, 141.1, 142.1, 142.2, 144.1, 145.1, 145.2, 145.4, 145.5 or 149.1 of the Criminal Code, that the other person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the Minister approving the applicant becoming an Australian citizen.\n Charge proved but no conviction\n (9) A reference in this section to a conviction of an offence:\n (a) in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; and\n (b) in relation to a law of a State or Territory or a foreign country—includes a reference to the making of an order under the corresponding provision of a law of the State or Territory or foreign country in relation to the offence.\n\n#### 34A Revocation by Minister—special residence requirements\n\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2; and\n (b) the person became an Australian citizen in circumstances where the Minister exercised the power under subsection 22A(1A) or 22B(1A); and\n (c) in a case in which the power was exercised under subsection 22A(1A)—the Minister is satisfied that the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; and\n (d) in a case in which the power was exercised under subsection 22B(1A)—the Minister is satisfied that:\n (i) the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; or\n (ii) the person will not be, or was not, present in Australia for a total of at least 180 days during that 2‑year period.\n (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.\n (3) The power under subsection (1) may only be exercised by the Minister personally.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 36 Children of responsible parents who cease to be citizens\n\n (1) If:\n (a) a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and\n (b) at the cessation time, the person is a responsible parent of a child aged under 18;\n then:\n (c) the Minister may, by writing, revoke the child’s Australian citizenship; and\n (d) if the Minister does so—the child ceases to be an Australian citizen at the time of the revocation.\n Exception—another responsible parent\n (2) If, at the cessation time, another responsible parent of the child is an Australian citizen, subsection (1) does not apply to the child:\n (a) while there is a responsible parent who is an Australian citizen; and\n (b) if there ceases to be such a responsible parent because of the death of a responsible parent—at any time after that death.\n Exception—statelessness\n (3) The Minister must not revoke a child’s Australian citizenship under subsection (1) if the Minister is satisfied that the child would then become a person who is not a national or citizen of any country.\n\n#### Subdivision C—Citizenship cessation\n\n#### 36A Purpose of this Subdivision\n\n This Subdivision is enacted because the Parliament recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia.\n\n#### 36B Cessation of citizenship if citizenship cessation order made by court etc.\n\n (1) Subject to this section, if an order is made under subsection 36C(1) in relation to a person, the person ceases to be an Australian citizen at the time the order is made.\n Order overturned or quashed\n (2) If a decision of a court overturns or quashes the order made under subsection 36C(1), the person’s citizenship is taken never to have ceased under subsection (1) of this section.\n (3) The validity of anything done in reliance on the order made under subsection 36C(1) before the order was overturned or quashed is not affected.\n Appeal decision\n (4) If:\n (a) a decision (the first decision) of a court overturning or quashing the order made under subsection 36C(1) in relation to the person is appealed; and\n (b) the decision (the second decision) on appeal overturns or quashes the first decision;\n the person ceases to be an Australian citizen at the time the second decision is made.\n\n#### 36C Citizenship cessation order if person is convicted of serious offence\n\n (1) If:\n (a) a person is convicted of one or more serious offences; and\n (b) the court has decided to impose on the person, in respect of the conviction or convictions, a period of imprisonment that is at least 3 years or periods of imprisonment that total at least 3 years; and\n (c) before the court imposes the sentence or sentences on the person in respect of the conviction or convictions, the Minister makes an application under subsection 36D(1) for an order to be made under this subsection in relation to the person; and\n (d) the court is satisfied of the matters specified in subsection (4) of this section;\n the court may, when imposing such a period or periods of imprisonment on the person in respect of the conviction or convictions, also order at that time as part of the sentence or sentences that the person ceases to be an Australian citizen.\n\n> Note: Subsections (5) and (6) set out, without limitation, matters the court must have regard to in deciding whether to make an order under this subsection.\n\n (2) However, the court must not make an order under subsection (1) in relation to the person if the court is satisfied that the person would, if the court were to make the order, become a person who is not a national or citizen of any country.\n Serious offence\n (3) A serious offence is an offence against any of the following provisions:\n (a) a provision of Subdivision A of Division 72 of the Criminal Code (explosives and lethal devices);\n (b) a provision of Subdivision B of Division 80 of the Criminal Code (treason);\n (c) section 83.1 of the Criminal Code (advocating mutiny);\n (d) a provision of Division 91 of the Criminal Code (espionage);\n (e) a provision of Division 92 of the Criminal Code (foreign interference);\n (f) a provision of Part 5.3 of the Criminal Code (terrorism), other than the following provisions:\n (i) section 102.8;\n (ii) Division 104;\n (iii) Division 105;\n (iv) section 105A.7D;\n (v) section 105A.18B;\n (fa) a provision of Part 5.3A of the Criminal Code (state sponsors of terrorism), other than section 112.7;\n (g) a provision of Part 5.5 of the Criminal Code (foreign incursions and recruitment).\n Court to be satisfied of certain matters etc.\n (4) For the purposes of paragraph (1)(d), the matters are the following:\n (a) the person is aged 14 or over;\n (b) the person is an Australian citizen;\n (c) the person’s conduct to which the conviction or convictions relate is so serious and significant that it demonstrates that the person has repudiated their allegiance to Australia.\n (5) In deciding whether the court is satisfied of the matter referred to in paragraph (4)(c) in relation to the person’s conduct, the court must have regard to the following matters:\n (a) whether the conduct to which the conviction or convictions relate demonstrates a repudiation of the values, democratic beliefs, rights and liberties that underpin Australian society;\n (b) the degree, duration or scale of the person’s commitment to, or involvement in, the conduct to which the conviction or convictions relate;\n (c) the intended scale of the conduct to which the conviction or convictions relate;\n (d) the actual impact of the conduct to which the conviction or convictions relate;\n (e) whether the conduct to which the conviction or convictions relate caused, or was intended to cause, harm to human life or a loss of human life.\n (6) In deciding whether to make an order under subsection (1) in relation to the person, the court must have regard to the following matters:\n (a) if the person is a child aged under 18—the best interests of the child;\n (b) if the person has any dependent children in Australia—the best interests of those children;\n (c) the person’s connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person.\n (7) Subsection (6) does not limit the matters to which the court may have regard in deciding whether to make an order under subsection (1) in relation to the person.\n Concurrent sentences\n (8) If:\n (a) a person has been convicted of 2 or more serious offences; and\n (b) a court has decided to impose on the person, in respect of the conviction or convictions, 2 or more periods of imprisonment to be served concurrently (whether in whole or in part);\n then, for the purposes of subsection (1), the whole of each period is to be counted in working out the total of those periods.\n\n> Note: Example: A person is convicted of 2 serious offences and a court has decided to impose on the person in respect of the convictions 2 periods of 2 years imprisonment to be served concurrently. For the purposes of subsection (1), the total period of imprisonment is 4 years.\n\n References to period of imprisonment\n (9) For the purposes of subsection (1):\n (a) a reference to a period of imprisonment in that subsection does not include a period of imprisonment that is suspended; and\n (b) a reference to a period of imprisonment in that subsection includes a reference to a single sentence of imprisonment that a court has decided to impose in respect of both one or more serious offences and one or more other offences.\n Other matters\n (10) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n (11) Part IB of the Crimes Act 1914 (which deals with sentencing, imprisonment and release of federal offenders) does not apply in relation to an order under this section.\n\n#### 36D Application by the Minister for a citizenship cessation order\n\n (1) The Minister may make an application for an order to be made by a court under subsection 36C(1) in relation to a person.\n (2) The application may be made before or after the person is convicted of one or more serious offences but must be made before the person is sentenced.\n Consultation with the Foreign Affairs Minister\n (3) Before the Minister makes the application, the Minister must consult the Foreign Affairs Minister.\n Matters relating to the application\n (4) The application must include the following matters:\n (a) information about the person’s age;\n (b) information about the person’s Australian citizenship;\n (c) information about the person’s nationality or citizenship of other countries.\n (5) The application:\n (a) must be made in the jury’s absence; and\n (b) must not be referred to in the presence of the jury; and\n (c) must only be heard after the person is convicted of one or more serious offences.\n Notice of application\n (6) The Minister must give the person written notice of the application as soon as practicable after the application is made. The Minister may also give written notice of the application to such other persons as the Minister considers appropriate.\n (7) Section 47 (notification of decisions) does not apply to a decision of the Minister to make the application.\n Australian citizens to which this section applies\n (8) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n\n#### 36L No resumption of citizenship if citizenship ceases under this Subdivision\n\n If a person ceases to be an Australian citizen under this Subdivision, Divisions 1 and 2 of this Part do not apply in relation to the person after that cessation.\n\n> Note: See section 36B for when a person ceases to be an Australian citizen.\n\n### Division 4—Evidence of Australian citizenship\n\n#### 37 Evidence of Australian citizenship\n\n (1) A person may make an application to the Minister for evidence of the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Notice\n (2) The Minister may give the person a notice stating that the person is an Australian citizen at a particular time.\n (3) The notice must:\n (a) be in a form prescribed by the regulations; and\n (b) contain any other matter prescribed by the regulations.\n Identity\n (4) The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n Evidentiary status\n (5) A notice is prima facie evidence of the matters in the notice.\n Cancellation\n (6) The Minister may, by writing, cancel a notice given to a person under this section.\n\n#### 38 Surrender of physical evidentiary notice\n\n Request for surrender\n (1) If:\n (a) the Minister makes a decision under section 34 or 34A to revoke a person’s Australian citizenship; and\n (b) at the time of the revocation, there is in force a notice under section 37 in relation to the person; and\n (c) the notice was given to the person in a physical form;\n the Minister may request the person to surrender the notice to the Minister.\n (2) If the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37 and the notice was given to the person in a physical form, the Minister may request the person to surrender the notice to the Minister.\n Form of request\n (3) A request given to a person under subsection (1) or (2) must:\n (a) be made in writing; and\n (b) specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and\n (c) specify how the person is to surrender the notice to the Minister; and\n (d) contain a statement to the effect that a failure to comply with the request is an offence.\n Offence\n (4) A person commits an offence if:\n (a) the person is given a request that is in accordance with this section; and\n (b) the person fails to comply with the request.\n\nPenalty for contravention of this subsection: 10 penalty units.\n\n#### 39 Altering evidentiary notice\n\n A person commits an offence if:\n (a) the person alters, or causes or permits to be altered, a notice; and\n (b) the notice was given to a person under section 37.\n\nPenalty: Imprisonment for 12 months.\n\n### Division 5—Personal identifiers\n\n#### Subdivision A—Obtaining personal identifiers\n\n#### 40 Request for personal identifiers\n\n (1) For the purposes of the Minister being satisfied of the identity of:\n (a) a person in relation to an application under this Part; or\n (b) a person who has sought to sit a test approved in a determination under section 23A;\n the following persons may request the person, in writing, to provide one or more specified personal identifiers:\n (c) the Minister;\n (d) a person authorised under subsection (3);\n (e) a person who is included in a class of persons authorised under subsection (4).\n Form of request\n (2) A request must inform the person of the matters prescribed by the regulations.\n Authorisations\n (3) The Minister may, by writing, authorise a person for the purposes of paragraph (1)(d).\n (4) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (1)(e).\n\n#### 41 Provision of personal identifiers\n\n The regulations may prescribe the procedures and requirements that apply to the provision of a personal identifier by a person under this Division.\n\n#### Subdivision B—Obligations relating to identifying information\n\n#### 42 Accessing identifying information\n\n (1) A person commits an offence if:\n (a) the person accesses identifying information; and\n (b) the person is not authorised under this section to access the identifying information for the purpose for which the person accessed it.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) This section does not apply if the person believes on reasonable grounds that the access is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n (2) This section does not apply if the access is through:\n (a) a disclosure that is a permitted disclosure within the meaning of section 43; or\n (b) a disclosure to which section 43 does not apply because of the operation of subsection 43(1A).\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Authorisation\n (3) The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.\n (4) The Minister must specify in an authorisation under subsection (3), as the purpose or purposes for which access is authorised, one or more of the following purposes:\n (a) either or both of the purposes set out in paragraph 10(2)(c);\n (b) disclosing identifying information in accordance with this Division;\n (c) administering or managing the storage of identifying information;\n (d) making identifying information available to the person to whom it relates;\n (e) modifying identifying information to enable it to be matched with other identifying information;\n (f) modifying identifying information in order to correct errors or ensure compliance with appropriate standards;\n (g) the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act;\n (h) complying with Australian laws.\n\n#### 43 Disclosing identifying information\n\n (1) A person commits an offence if:\n (a) the person’s conduct causes disclosure of identifying information; and\n (b) the disclosure is not a permitted disclosure.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure;\n this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person.\n\n> Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: Australian Privacy Principle 6 may apply to further disclosures of that identifying information by a person who is not an entrusted person.\n\n (1B) This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).\n\n (2) A permitted disclosure is a disclosure that:\n (b) is for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; or\n (c) is for the purpose of administering or managing the storage of identifying information; or\n (d) is for the purpose of making the identifying information in question available to the person to whom it relates; or\n (da) is to an agency of the Commonwealth, a State or a Territory in order to verify that a person is an Australian citizen; or\n (e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or\n (ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth, a State or a Territory; or\n (eb) is required by an Australian law; or\n (f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or\n (g) is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or\n (h) takes place with the written consent of the person to whom the identifying information in question relates.\n\n#### 44 Unauthorised modification or impairment of identifying information\n\n Unauthorised modification\n (1) A person commits an offence if:\n (a) the person causes any unauthorised modification of identifying information; and\n (b) the person intends to cause the modification; and\n (c) the person knows that the modification is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Unauthorised impairment\n (2) A person commits an offence if:\n (a) the person causes any unauthorised impairment of:\n (i) the reliability of identifying information; or\n (ii) the security of the storage of identifying information; or\n (iii) the operation of a system by which identifying information is stored; and\n (b) the person intends to cause the impairment; and\n (c) the person knows that the impairment is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Exception\n (2A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure within the meaning of section 43;\n this section does not apply in relation to any modification or impairment of that identifying information by a person who is not an entrusted person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n Interpretation\n (3) In this section:\n (a) modification of identifying information; or\n (b) impairment of the reliability of identifying information; or\n (c) impairment of the security of the storage of identifying information; or\n (d) impairment of the operation of a system by which identifying information is stored;\n by a person is unauthorised if the person is not entitled to cause that modification or impairment.\n (4) Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.\n (5) For the purposes of this section, a person causes any such unauthorised modification or impairment if the person’s conduct substantially contributes to it.\n (6) For the purposes of subsection (3), if:\n (a) a person causes any modification or impairment of a kind mentioned in that subsection; and\n (b) the person does so under a warrant issued under an Australian law;\n the person is entitled to cause that modification or impairment.\n\n#### 45 Destroying identifying information\n\n (1) A person commits an offence if:\n (a) the person is the responsible person for identifying information; and\n (b) the person fails to destroy the identifying information as soon as practicable after the person is no longer required under the Archives Act 1983 to keep the identifying information.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n> Note: See section 24 of the Archives Act 1983 on the obligation to keep the identifying information.\n\n (2) This section does not apply if the identifying information is:\n (a) a personal identifier that is any of the following:\n (i) a measurement of a person’s height and weight;\n (ii) a photograph or other image of a person’s face;\n (iii) a person’s signature; or\n (b) identifying information derived from or relating to such a personal identifier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Definitions\n (3) For the purposes of this section, the responsible person for identifying information is:\n (a) if the identifying information is stored on a database—the person who has day‑to‑day control of the database; or\n (b) otherwise—the person who has day‑to‑day responsibility for the system under which the identifying information is stored.\n (4) For the purposes of this section, identifying information is destroyed if:\n (a) in the case of identifying information that is a personal identifier—it is physically destroyed; and\n (b) in any other case—any means of identifying it with the person to whom it relates is destroyed.\n (5) For the purposes of this section, a database is a discrete body of information stored by electronic means, containing:\n (a) indexes of persons who have provided personal identifiers in accordance with a request under this Division; and\n (b) their identifying information.\n\n## Part 3—Other matters\n\n### Division 1—Bogus documents\n\n#### 45A Prohibition on, and forfeiture of, bogus documents\n\n (1) A person (whether a citizen or non‑citizen) must not give a bogus document to the Minister, a person acting under a delegation or authorisation of the Minister, a tribunal or any other person or body performing a function or purpose under, or in relation to, this Act (the official), or cause such a document to be so given.\n (2) A bogus document given in contravention of subsection (1) is forfeited to the Commonwealth.\n\n#### 45B Seizure of bogus documents\n\n (1) If the Minister reasonably suspects that a document is forfeited under subsection 45A(2), then the Minister may seize the document.\n (2) As soon as practicable after seizing the document, the Minister must give written notice of the seizure to the person who gave the document to the official under subsection 45A(1).\n (3) The notice must:\n (a) identify the document; and\n (b) state that the document has been seized; and\n (c) specify the reason for the seizure; and\n (d) state that the document will be condemned as forfeited unless the person institutes proceedings against the Commonwealth before the end of the period specified in the notice:\n (i) to recover the document; or\n (ii) for a declaration that the document is not forfeited.\n (4) For the purposes of paragraph (3)(d), the period must:\n (a) start on the date of the notice; and\n (b) end 90 days after that date.\n\n#### 45C Document condemned as forfeited\n\n (1) If a document is seized under subsection 45B(1), then:\n (a) the person who gave the document to the official under subsection 45A(1); and\n (b) if that person is not the owner of the document—the owner;\n may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction:\n (c) to recover the document; or\n (d) for a declaration that the document is not forfeited.\n (2) The proceedings:\n (a) may be instituted even if the seizure notice required to be given under subsection 45B(2) in relation to the document has not yet been given; and\n (b) may only be instituted before the end of the period specified in the seizure notice.\n (3) If, before the end of the period specified in the seizure notice, the person or owner does not institute the proceedings, the document is condemned as forfeited to the Commonwealth immediately after the end of that period.\n (4) If, before the end of the period specified in the seizure notice, the person or owner does institute the proceedings, the document is condemned as forfeited to the Commonwealth at the end of the proceedings unless there is:\n (a) an order for the person or owner to recover the document; or\n (b) a declaration that the document is not forfeited.\n (5) For the purposes of subsection (4), if the proceedings go to judgment, they end:\n (a) if no appeal against the judgment is lodged within the period for lodging such an appeal—at the end of that period; or\n (b) if an appeal against the judgment is lodged within that period—when the appeal lapses or is finally determined.\n\n#### 45D Dealing with a document after it is condemned as forfeited\n\n (1) If, under section 45C, a document is condemned as forfeited to the Commonwealth, it must be dealt with or disposed of (including by being given to another person) in accordance with any direction given by the Minister.\n (2) If the Minister considers that the document may be relevant to proceedings in a court or tribunal, then the Minister:\n (a) must give a direction for the safe keeping of the document; and\n (b) must authorise access to the document for the purposes of those proceedings.\n (3) A direction given under this section is not a legislative instrument.\n\n### Division 2—Other\n\n#### 46 Application requirements\n\n (1) An application under a provision of this Act must:\n (a) be on the relevant form approved by the Minister for the purposes of that provision; and\n (b) contain the information required by the form; and\n (c) be accompanied by any other information or documents prescribed by the regulations; and\n (d) be accompanied by the fee (if any) prescribed by the regulations.\n (1AA) However, paragraphs (1)(a) and (b) do not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed by the regulations; and\n (b) contains the information prescribed by the regulations.\n (1A) For applications made under section 21 by persons who, in order to be eligible to become an Australian citizen under subsection 21(2), must have sat a test approved in a determination under section 23A, the fee prescribed by the regulations may include a component that relates to the sitting of that test.\n Approval of forms\n (2) The Minister may, by writing, approve one or more forms for the purposes of a provision of this Act under which an application may be made.\n\n> Note: For example, there are 2 ways to become an Australian citizen by descent under section 16\\. The Minister may approve 1 form for the purposes of that section or may approve 2 different forms.\n\n Children aged under 16\n (2A) An application under a provision of this Act by a child aged under 16 must be set out:\n (a) on a form that contains no other application; or\n (b) on a form that also contains an application by 1 responsible parent of the child.\n (2B) However, subsection (2A) does not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed under paragraph (1AA)(a) of this section; and\n (b) contains the information prescribed under paragraph (1AA)(b) of this section.\n Remission, refund or waiver of fees\n (3) The regulations may make provision for and in relation to the remission, refund or waiver of any fees of a kind referred to in paragraph (1)(d).\n\n#### 47 Notification of decisions\n\n (1) If the Minister makes a decision under this Act in relation to a person, the Minister must give the person notice of the decision.\n Child\n (2) If the person is a child, the Minister satisfies the requirement in subsection (1) if the Minister gives a parent of the child notice of the decision.\n Reasons for adverse decision\n (3) If the decision is an adverse decision, the notice must include the reasons for the decision.\n Form of notice\n (4) The Minister must give the notice in the manner prescribed by the regulations (which includes electronic form).\n Procedural defect does not affect validity of decision\n (5) A failure to comply with subsection (3) or (4) does not affect the validity of the decision.\n\n#### 48 Computerised decision‑making\n\n Computer‑based decisions\n (1) The Minister may, by writing, arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under this Act or the regulations:\n (a) make a decision; or\n (b) exercise any power or comply with any obligation; or\n (c) do anything else related to making a decision or exercising a power or complying with an obligation.\n (2) The Minister is taken to have:\n (a) made a decision; or\n (b) exercised a power or complied with an obligation; or\n (c) done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;\n that was made, exercised, complied with or done by the operation of a computer program under such an arrangement.\n Minister may substitute his or her own decision\n (3) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under such an arrangement if:\n (a) a notice under section 49 relates to the computer program and to the initial decision; and\n (b) the notice states that the computer program was not functioning correctly; and\n (c) the substituted decision could have been made under the same provision of this Act or the regulations as the initial decision; and\n (d) the substituted decision is more favourable to the applicant.\n (4) The Minister does not have a duty to consider whether to exercise the power under subsection (3) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (5) Subsection (3) has effect despite any law of the Commonwealth, or any rule of common law, to the contrary effect.\n Exceptions\n (5A) This section does not apply in relation to anything done under Subdivision C of Division 3 of Part 2 (citizenship cessation).\n Arrangement not a legislative instrument\n (6) An arrangement under subsection (1) is not a legislative instrument.\n\n#### 49 Evidence of whether computer program is functioning correctly\n\n Issue of notices\n (1) In citizenship proceedings, a notice signed by an authorised person stating whether or not a specified computer program was functioning correctly:\n (a) at a specified time or during a specified period; and\n (b) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 48(1);\n is prima facie evidence of the matters stated in the notice.\n Ministerial authorisations\n (2) The Minister may, by writing, authorise a person to issue notices under this section.\n (3) The Minister may, by legislative instrument, authorise a class of persons to issue notices under this section.\n Definitions\n (4) In this section:\n\n> authorised person means:\n\n (a) an APS employee in the Department; or\n (b) a person authorised under subsection (2) to issue notices under this section; or\n (c) any person who is included in a class of persons authorised under subsection (3) to issue notices under this section.\n\n> citizenship proceedings means:\n\n (a) proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or\n (b) proceedings that relate to an application for review under section 52.\n\n> functioning correctly: a computer program is functioning correctly if:\n\n (a) outcomes from its operation comply with this Act and the regulations; and\n (b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.\n\n#### 50 False statements or representations\n\n (1) A person commits an offence if:\n (a) the person makes, or causes or permits to be made, a representation or statement; and\n (b) the person does so knowing that the representation or statement is false or misleading in a material particular; and\n (c) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n (2) A person commits an offence if:\n (a) the person conceals, or causes or permits to be concealed, a material circumstance; and\n (b) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n#### 51 Geographical jurisdiction for offences\n\n Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act.\n\n#### 51A Things seized under Crimes Act search warrant and information about such things\n\n (1) This section applies to the following:\n (a) a thing seized (warrant material) under a search warrant issued under Division 2 of Part 1AA of the Crimes Act 1914;\n (b) information (warrant information) that is about, or obtained from, warrant material.\n (2) A constable or Commonwealth officer who, under subsection 3ZQU(1) of the Crimes Act 1914, may use or make available warrant material, is authorised to make available warrant material or warrant information:\n (a) to a person covered by subsection (4); and\n (b) for a purpose mentioned in subsection (3).\n (3) A person covered by subsection (4) is authorised to receive and use warrant material and warrant information, or make it available to another person covered by subsection (4), for the following purposes:\n (a) making a decision, or assisting in making a decision, to approve or refuse to approve a person becoming an Australian citizen;\n (b) making a decision, or assisting in making a decision, to revoke a person’s Australian citizenship;\n (c) making a decision, or assisting in making a decision, to cancel an approval given to a person under section 24.\n\n> Note: Subsection 3ZQU(4) of the Crimes Act 1914 contemplates that another law of the Commonwealth may require or authorise the use or making available of a document or other thing to persons, or for purposes, in addition to those listed in subsection 3ZQU(1) of that Act.\n\n (4) The following persons are covered by this subsection:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department whose duties include making decisions, or assisting in making decisions, in relation to Australian citizenship.\n\n#### 51B Reports to Parliament\n\n (1) As soon as practicable after a reporting period ends, the Minister must table a report in each House of the Parliament that sets out the number of applications made under section 36D to which both of the following apply:\n (a) the applications were made during the reporting period to which the report relates or during an earlier reporting period;\n (b) the applications relate to persons who, during the reporting period to which the report relates, were convicted and sentenced for one or more serious offences.\n (2) The report must not contain information, or content of a document, if:\n (a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010); or\n (b) the disclosure of the information or content would or might prejudice:\n (i) the security, defence or international relations of Australia; or\n (ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions; or\n (c) the disclosure of the information or content would or might endanger a person’s safety; or\n (d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.\n (3) In this section:\n\n> reporting period means:\n\n (a) the period of 12 months beginning on the day the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 commences; or\n (b) each subsequent 12‑month period.\n\n#### 52 Review of decisions\n\n (1) An application may be made to the Administrative Review Tribunal for review of the following decisions:\n (a) a decision under section 17 to refuse to approve a person becoming an Australian citizen;\n (aa) a decision under section 19D to refuse to approve a person becoming an Australian citizen;\n (b) a decision under section 24 to refuse to approve a person becoming an Australian citizen;\n (c) a decision under section 25 to cancel an approval given to a person under section 24;\n (d) a decision under section 30 to refuse to approve a person becoming an Australian citizen again;\n (e) a decision under section 33 to refuse to approve a person renouncing his or her Australian citizenship, except a refusal because of the operation of subsection 33(5) (about war);\n (f) a decision under section 34 or subsection 36(1) to revoke a person’s Australian citizenship;\n (g) a decision under section 37 to refuse to give a person a notice stating that the person is an Australian citizen at a particular time.\n Citizenship by conferral decision\n (2) However, if:\n (a) the Minister makes a decision under section 24 to refuse to approve a person becoming an Australian citizen; and\n (b) the Minister’s reasons for the decision did not refer to the eligibility ground in subsection 21(8) (about statelessness); and\n (c) the person was aged 18 or over at the time the person made the application to become an Australian citizen;\n a person (the applicant) cannot apply for review of that decision unless the applicant is a permanent resident.\n (3) For the purposes of the Administrative Review Tribunal reviewing a decision of a kind referred to in paragraph (1)(b):\n (a) the Tribunal must not exercise the power under subsection 22A(1A) or 22B(1A); and\n (b) the Tribunal must not review any exercise of the power or any failure to exercise the power.\n\n#### 53 Delegation\n\n (1) The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act or the regulations.\n (2) However, subsection (1) does not apply in relation to the function under subsection 23A(1) (about approval of citizenship test) or the power under section 36D (about application for citizenship cessation order).\n\n#### 54 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":58},{"sectionNumber":"32A","sectionType":"section","heading":"Simplified outline of this Division","content":"#### 32A Simplified outline of this Division\n\n The following is a simplified outline of this Division:\n\nThere are 5 ways in which you can cease to be an Australian citizen:\n\n• you may renounce your Australian citizenship: see section 33; or\n\n• 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\n\n• 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\n\n• if you are the child of a responsible parent who ceases to be an Australian citizen, the Minister can revoke your citizenship in some situations: see section 36; or\n\n• if you are convicted of certain offences and an order is made by a court that you cease to be an Australian citizen: see Subdivision C (citizenship cessation).","sortOrder":60},{"sectionNumber":"33","sectionType":"section","heading":"Renunciation by application","content":"#### 33 Renunciation by application\n\n (1) A person may make an application to the Minister to renounce the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Minister’s decision\n (2) The Minister must, by writing, approve or refuse to approve the person renouncing his or her Australian citizenship.\n (3) Subject to this section, the Minister must approve the person renouncing his or her Australian citizenship if the Minister is satisfied that:\n (a) the person is aged 18 or over, and is a national or citizen of a foreign country, at the time the person made the application; or\n (b) the person was born, or is ordinarily resident, in a foreign country and is not entitled, under the law of that country, to acquire the nationality or citizenship of that country because the person is an Australian citizen.\n (4) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n (5) The Minister may refuse to approve the person renouncing his or her Australian citizenship if the person:\n (a) is a national or citizen of a foreign country at the time the person made the application; and\n (b) made the application during a war in which Australia is engaged.\n (6) The Minister must not approve the person renouncing his or her Australian citizenship if the Minister considers that it would not be in the interests of Australia to do so.\n (7) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person:\n (a) is a national or citizen of a foreign country immediately before the Minister’s decision on the application; or\n (b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval.\n Time citizenship ceases\n (8) If the Minister approves a person renouncing his or her Australian citizenship, the person ceases to be an Australian citizen at the time of the approval.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.","sortOrder":62},{"sectionNumber":"34","sectionType":"section","heading":"Revocation by Minister—offences or fraud","content":"#### 34 Revocation by Minister—offences or fraud\n\n Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision A or AA of Division 2 (including because of the operation of section 32); and\n (b) either of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n Citizenship by conferral\n (2) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2 (including because of the operation of section 32); and\n (b) any of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person has, at any time after making the application to become an Australian citizen, been convicted of a serious offence within the meaning of subsection (5);\n (iii) the person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud within the meaning of subsection (6);\n (iv) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n (3) However, the Minister must not decide under subsection (2) to revoke a person’s Australian citizenship if:\n (a) the Minister may revoke the person’s Australian citizenship under that subsection only because of the application of subparagraph (2)(b)(ii); and\n (b) 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.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n Serious offence\n (5) For the purposes of this section, a person has been convicted of a serious offence if:\n (a) the person has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to death or to a serious prison sentence; and\n (b) the person committed the offence at any time before the person became an Australian citizen.\n Migration‑related fraud\n (6) For the purposes of this section, a person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud if and only if:\n (a) at any time, the person was convicted of an offence against:\n (i) section 234, 236 or 243, or former section 244 (as in force before its repeal by the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008), of the Migration Act 1958; or\n (ii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n that the person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the person’s entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia.\n (7) Subsection (6) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident.\n Third‑party fraud\n (8) For the purposes of this section, a person (the applicant) obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud if and only if:\n (a) at any time, another person was convicted of an offence against section 50 of this Act, or section 134.1, 135.2, 135.4, 136.1, 137.1, 137.2, 139.1, 141.1, 142.1, 142.2, 144.1, 145.1, 145.2, 145.4, 145.5 or 149.1 of the Criminal Code, that the other person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the Minister approving the applicant becoming an Australian citizen.\n Charge proved but no conviction\n (9) A reference in this section to a conviction of an offence:\n (a) in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; and\n (b) in relation to a law of a State or Territory or a foreign country—includes a reference to the making of an order under the corresponding provision of a law of the State or Territory or foreign country in relation to the offence.","sortOrder":63},{"sectionNumber":"34A","sectionType":"section","heading":"Revocation by Minister—special residence requirements","content":"#### 34A Revocation by Minister—special residence requirements\n\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2; and\n (b) the person became an Australian citizen in circumstances where the Minister exercised the power under subsection 22A(1A) or 22B(1A); and\n (c) in a case in which the power was exercised under subsection 22A(1A)—the Minister is satisfied that the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; and\n (d) in a case in which the power was exercised under subsection 22B(1A)—the Minister is satisfied that:\n (i) the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; or\n (ii) the person will not be, or was not, present in Australia for a total of at least 180 days during that 2‑year period.\n (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.\n (3) The power under subsection (1) may only be exercised by the Minister personally.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.","sortOrder":64},{"sectionNumber":"36","sectionType":"section","heading":"Children of responsible parents who cease to be citizens","content":"#### 36 Children of responsible parents who cease to be citizens\n\n (1) If:\n (a) a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and\n (b) at the cessation time, the person is a responsible parent of a child aged under 18;\n then:\n (c) the Minister may, by writing, revoke the child’s Australian citizenship; and\n (d) if the Minister does so—the child ceases to be an Australian citizen at the time of the revocation.\n Exception—another responsible parent\n (2) If, at the cessation time, another responsible parent of the child is an Australian citizen, subsection (1) does not apply to the child:\n (a) while there is a responsible parent who is an Australian citizen; and\n (b) if there ceases to be such a responsible parent because of the death of a responsible parent—at any time after that death.\n Exception—statelessness\n (3) The Minister must not revoke a child’s Australian citizenship under subsection (1) if the Minister is satisfied that the child would then become a person who is not a national or citizen of any country.","sortOrder":65},{"sectionNumber":"36A","sectionType":"section","heading":"Purpose of this Subdivision","content":"#### 36A Purpose of this Subdivision\n\n This Subdivision is enacted because the Parliament recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia.","sortOrder":67},{"sectionNumber":"36B","sectionType":"section","heading":"Cessation of citizenship if citizenship cessation order made by court etc.","content":"#### 36B Cessation of citizenship if citizenship cessation order made by court etc.\n\n (1) Subject to this section, if an order is made under subsection 36C(1) in relation to a person, the person ceases to be an Australian citizen at the time the order is made.\n Order overturned or quashed\n (2) If a decision of a court overturns or quashes the order made under subsection 36C(1), the person’s citizenship is taken never to have ceased under subsection (1) of this section.\n (3) The validity of anything done in reliance on the order made under subsection 36C(1) before the order was overturned or quashed is not affected.\n Appeal decision\n (4) If:\n (a) a decision (the first decision) of a court overturning or quashing the order made under subsection 36C(1) in relation to the person is appealed; and\n (b) the decision (the second decision) on appeal overturns or quashes the first decision;\n the person ceases to be an Australian citizen at the time the second decision is made.","sortOrder":68},{"sectionNumber":"36C","sectionType":"section","heading":"Citizenship cessation order if person is convicted of serious offence","content":"#### 36C Citizenship cessation order if person is convicted of serious offence\n\n (1) If:\n (a) a person is convicted of one or more serious offences; and\n (b) the court has decided to impose on the person, in respect of the conviction or convictions, a period of imprisonment that is at least 3 years or periods of imprisonment that total at least 3 years; and\n (c) before the court imposes the sentence or sentences on the person in respect of the conviction or convictions, the Minister makes an application under subsection 36D(1) for an order to be made under this subsection in relation to the person; and\n (d) the court is satisfied of the matters specified in subsection (4) of this section;\n the court may, when imposing such a period or periods of imprisonment on the person in respect of the conviction or convictions, also order at that time as part of the sentence or sentences that the person ceases to be an Australian citizen.\n\n> Note: Subsections (5) and (6) set out, without limitation, matters the court must have regard to in deciding whether to make an order under this subsection.\n\n (2) However, the court must not make an order under subsection (1) in relation to the person if the court is satisfied that the person would, if the court were to make the order, become a person who is not a national or citizen of any country.\n Serious offence\n (3) A serious offence is an offence against any of the following provisions:\n (a) a provision of Subdivision A of Division 72 of the Criminal Code (explosives and lethal devices);\n (b) a provision of Subdivision B of Division 80 of the Criminal Code (treason);\n (c) section 83.1 of the Criminal Code (advocating mutiny);\n (d) a provision of Division 91 of the Criminal Code (espionage);\n (e) a provision of Division 92 of the Criminal Code (foreign interference);\n (f) a provision of Part 5.3 of the Criminal Code (terrorism), other than the following provisions:\n (i) section 102.8;\n (ii) Division 104;\n (iii) Division 105;\n (iv) section 105A.7D;\n (v) section 105A.18B;\n (fa) a provision of Part 5.3A of the Criminal Code (state sponsors of terrorism), other than section 112.7;\n (g) a provision of Part 5.5 of the Criminal Code (foreign incursions and recruitment).\n Court to be satisfied of certain matters etc.\n (4) For the purposes of paragraph (1)(d), the matters are the following:\n (a) the person is aged 14 or over;\n (b) the person is an Australian citizen;\n (c) the person’s conduct to which the conviction or convictions relate is so serious and significant that it demonstrates that the person has repudiated their allegiance to Australia.\n (5) In deciding whether the court is satisfied of the matter referred to in paragraph (4)(c) in relation to the person’s conduct, the court must have regard to the following matters:\n (a) whether the conduct to which the conviction or convictions relate demonstrates a repudiation of the values, democratic beliefs, rights and liberties that underpin Australian society;\n (b) the degree, duration or scale of the person’s commitment to, or involvement in, the conduct to which the conviction or convictions relate;\n (c) the intended scale of the conduct to which the conviction or convictions relate;\n (d) the actual impact of the conduct to which the conviction or convictions relate;\n (e) whether the conduct to which the conviction or convictions relate caused, or was intended to cause, harm to human life or a loss of human life.\n (6) In deciding whether to make an order under subsection (1) in relation to the person, the court must have regard to the following matters:\n (a) if the person is a child aged under 18—the best interests of the child;\n (b) if the person has any dependent children in Australia—the best interests of those children;\n (c) the person’s connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person.\n (7) Subsection (6) does not limit the matters to which the court may have regard in deciding whether to make an order under subsection (1) in relation to the person.\n Concurrent sentences\n (8) If:\n (a) a person has been convicted of 2 or more serious offences; and\n (b) a court has decided to impose on the person, in respect of the conviction or convictions, 2 or more periods of imprisonment to be served concurrently (whether in whole or in part);\n then, for the purposes of subsection (1), the whole of each period is to be counted in working out the total of those periods.\n\n> Note: Example: A person is convicted of 2 serious offences and a court has decided to impose on the person in respect of the convictions 2 periods of 2 years imprisonment to be served concurrently. For the purposes of subsection (1), the total period of imprisonment is 4 years.\n\n References to period of imprisonment\n (9) For the purposes of subsection (1):\n (a) a reference to a period of imprisonment in that subsection does not include a period of imprisonment that is suspended; and\n (b) a reference to a period of imprisonment in that subsection includes a reference to a single sentence of imprisonment that a court has decided to impose in respect of both one or more serious offences and one or more other offences.\n Other matters\n (10) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n (11) Part IB of the Crimes Act 1914 (which deals with sentencing, imprisonment and release of federal offenders) does not apply in relation to an order under this section.","sortOrder":69},{"sectionNumber":"36D","sectionType":"section","heading":"Application by the Minister for a citizenship cessation order","content":"#### 36D Application by the Minister for a citizenship cessation order\n\n (1) The Minister may make an application for an order to be made by a court under subsection 36C(1) in relation to a person.\n (2) The application may be made before or after the person is convicted of one or more serious offences but must be made before the person is sentenced.\n Consultation with the Foreign Affairs Minister\n (3) Before the Minister makes the application, the Minister must consult the Foreign Affairs Minister.\n Matters relating to the application\n (4) The application must include the following matters:\n (a) information about the person’s age;\n (b) information about the person’s Australian citizenship;\n (c) information about the person’s nationality or citizenship of other countries.\n (5) The application:\n (a) must be made in the jury’s absence; and\n (b) must not be referred to in the presence of the jury; and\n (c) must only be heard after the person is convicted of one or more serious offences.\n Notice of application\n (6) The Minister must give the person written notice of the application as soon as practicable after the application is made. The Minister may also give written notice of the application to such other persons as the Minister considers appropriate.\n (7) Section 47 (notification of decisions) does not apply to a decision of the Minister to make the application.\n Australian citizens to which this section applies\n (8) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).","sortOrder":70},{"sectionNumber":"36L","sectionType":"section","heading":"No resumption of citizenship if citizenship ceases under this Subdivision","content":"#### 36L No resumption of citizenship if citizenship ceases under this Subdivision\n\n If a person ceases to be an Australian citizen under this Subdivision, Divisions 1 and 2 of this Part do not apply in relation to the person after that cessation.\n\n> Note: See section 36B for when a person ceases to be an Australian citizen.","sortOrder":71},{"sectionNumber":"Division 4","sectionType":"division","heading":"Evidence of Australian citizenship","content":"An Act relating to Australian citizenship\n\nPreamble\n\n The Parliament recognises that 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.\n The Parliament recognises that persons conferred Australian citizenship enjoy these rights and undertake to accept these obligations:\n (a) by pledging loyalty to Australia and its people; and\n (b) by sharing their democratic beliefs; and\n (c) by respecting their rights and liberties; and\n (d) by upholding and obeying the laws of Australia.\n\nThe Parliament of Australia enacts:\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Citizenship Act 2007.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

15 March 2007

2. Sections 2A to 54

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01653)

3. Schedule 1

At the same time as the provisions covered by table item 2.

1 July 2007

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 2A Simplified outline\n\n The following is a simplified outline of this Act:\n\nWhat this Act covers\n\nThis Act sets out how you become an Australian citizen, the circumstances in which you may cease to be a citizen and some other matters related to citizenship.\n\nBecoming an Australian citizen\n\nThere are a range of ways you can become an Australian citizen.\n\nAcquiring citizenship automatically\n\nGenerally, you become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born.\n\nThere are some other, less common, ways of automatically becoming a citizen.\n\nDivision 1 of Part 2 has details about acquiring citizenship automatically.\n\nAlso, if you were a citizen under the old Act immediately before the day that this section commences, you will continue to be a citizen: see subsection 4(1).\n\nAcquiring citizenship by application\n\nThe other way to become an Australian citizen is to apply to the Minister. This is covered by Division 2 of Part 2\\. There are 4 situations in which you can apply for citizenship.\n\nThe first is citizenship by descent. Generally, you would apply for this if you were born outside Australia and one or both of your parents were Australian citizens when you were born. Citizenship by descent is covered by Subdivision A.\n\nThe second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA.\n\nThe third is citizenship by conferral. Generally, you would need to be a permanent resident and willing to make a pledge of commitment to apply for citizenship by conferral. You may need to successfully complete a citizenship test. There are some less common circumstances in which you can apply for citizenship by conferral. Citizenship by conferral is covered by Subdivision B.\n\nThe fourth is resuming citizenship. In certain cases where you previously ceased to be an Australian citizen, you can apply for your citizenship to resume. Resuming citizenship is covered by Subdivision C.\n\nThe Minister must be satisfied of your identity for you to acquire citizenship by application. Rules about identification are in Division 5 of Part 2.\n\nThe Minister may be required to refuse your application on national security grounds.\n\nCeasing to be an Australian citizen\n\nThere are a number of ways that you can cease to be an Australian citizen.\n\nYou can renounce your citizenship.\n\nIf you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances.\n\nThere are some other, less common, ways of ceasing to be a citizen.\n\nDivision 3 of Part 2 has details about ceasing to be a citizen.\n\nEvidence that a person is an Australian citizen\n\nYou can apply to the Minister for evidence of your Australian citizenship. This is covered by Division 4 of Part 2.\n\n#### 3 Definitions\n\n In this Act:\n\n> adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> artificial conception procedure includes:\n\n (a) artificial insemination; and\n (b) the implantation of an embryo in the body of a woman.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian citizen has the meaning given by section 4.\n\n> Australian law means a law of the Commonwealth, a State or a Territory.\n\n> bogus document has the same meaning as in subsection 5(1) of the Migration Act 1958.\n\n> child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:\n\n (a) an adopted child, stepchild or exnuptial child of the person;\n (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n\n> citizenship law means:\n\n (a) this Act; and\n (b) the regulations; and\n (c) any legislative instrument made under this Act or the regulations.\n\n> commencement day means the day on which sections 2A to 54 (as originally enacted) commence.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> disclose, in relation to identifying information that is a personal identifier provided under Division 5 of Part 2, includes provide unauthorised access to the personal identifier.\n\n> Note: Section 42 deals with authorised access to identifying information.\n\n> entrusted person means:\n\n (a) the Secretary of the Department; or\n (b) an APS employee in the Department; or\n (c) a person engaged under section 74 of the Public Service Act 1999 by the Secretary of the Department; or\n (d) a person engaged by the Commonwealth, the Minister, the Secretary of the Department, or by an APS employee in the Department, to do work for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act.\n\n> Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> foreign law means a law of a foreign country.\n\n> identifying information means the following:\n\n (a) any personal identifier provided under Division 5 of Part 2;\n (b) any meaningful identifier derived from any such personal identifier;\n (c) any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier;\n (d) any other information derived from:\n (i) any such personal identifier; or\n (ii) any meaningful identifier derived from any such personal identifier; or\n (iii) any record of a kind referred to in paragraph (c);\n that could be used to discover a particular person’s identity or to get information about a particular person.\n\n> national security offence means:\n\n (b) an offence against Division 72 of the Criminal Code; or\n (c) an offence against Part 5.1 of the Criminal Code (treason and related offences) other than section 83.4 (interference with political rights and duties); or\n (ca) an offence against Division 91 of the Criminal Code (espionage); or\n (cb) an offence against Part 5.3 or 5.3A (terrorism), or 5.3B (prohibited hate groups), of the Criminal Code; or\n (d) an offence against the Australian Security Intelligence Organisation Act 1979; or\n (e) an offence against the Intelligence Services Act 2001; or\n (f) an offence covered by a determination in force under section 6A.\n\n> New Guinea:\n\n (a) has the same meaning as the Territory of New Guinea had in the Papua New Guinea Act 1949 immediately before 16 September 1975; and\n (b) in relation to any time before 4 June 1969—includes a reference to the Island of Nauru.\n\n> old Act means the Australian Citizenship Act 1948 as in force at any time before the commencement day.\n\n> ordinarily resident: a person is taken to be ordinarily resident in a country if and only if:\n\n (a) he or she has his or her home in that country; or\n (b) that country is the country of his or her permanent abode even if he or she is temporarily absent from that country.\n However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.\n\n> Papua has the same meaning as the Territory of Papua had in the Papua New Guinea Act 1949 immediately before 16 September 1975.\n\n> permanent resident has the meaning given by section 5.\n\n> permanent visa has the same meaning as in the Migration Act 1958.\n\n> personal identifier has the meaning given by section 10.\n\n> prison includes any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon the person because of that conviction.\n\n> psychiatric institution includes a psychiatric section of a hospital.\n\n> qualified security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> responsible parent has the meaning given by section 6.\n\n> serious offence has the meaning given by subsection 36C(3).\n\n> serious prison sentence means a sentence of imprisonment for a period of at least 12 months.\n\n> serious repeat offender: a person is a serious repeat offender in relation to a serious prison sentence if the sentence was imposed on the person for an offence committed by the person at a time after the person ceased to be confined in prison because of the imposition of another serious prison sentence.\n\n> special category visa has the same meaning as in the Migration Act 1958.\n\n> special purpose visa has the same meaning as in the Migration Act 1958.\n\n> Stateless Persons Convention means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954 \\[1974\\] ATS 20.\n\n> Note: The text of the Convention is set out in Australian Treaty Series 1974 No. 20\\. In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person’s stepchild except that the person is not legally married to the person’s de facto partner.\n\n> unlawful non‑citizen has the same meaning as in the Migration Act 1958.\n\n> visa has the same meaning as in the Migration Act 1958.\n\n#### 4 Australian citizen\n\n (1) For the purposes of this Act, Australian citizen means a person who:\n (a) is an Australian citizen under Division 1 or 2 of Part 2; or\n (b) satisfies both of the following:\n (i) the person was an Australian citizen under the Australian Citizenship Act 1948 immediately before the commencement day;\n (ii) the person has not ceased to be an Australian citizen under this Act.\n Citizenship under the old Act\n (2) If, under this Act, it is necessary to work out if a person was an Australian citizen at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 5 Permanent resident\n\n (1) For the purposes of this Act, a person is a permanent resident at a particular time if and only if:\n (a) the person is present in Australia at that time and holds a permanent visa at that time; or\n (b) both:\n (i) the person is not present in Australia at that time and holds a permanent visa at that time; and\n (ii) the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia; or\n (c) the person is covered by a determination in force under subsection (2) at that time.\n (2) The Minister may, by legislative instrument, determine that:\n (a) persons who hold a special category visa or a special purpose visa; or\n (b) persons who have held a special category visa; or\n (c) persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands;\n and who satisfy specified requirements are, or are during a specified period, persons to whom this subsection applies.\n Permanent resident under the old Act\n (3) If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 6 Responsible parent\n\n (1) For the purposes of this Act, a person is a responsible parent in relation to a child if and only if:\n (a) the person is a parent of the child except where, because of orders made under the Family Law Act 1975, the person no longer has any parental responsibility for the child; or\n (b) under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or\n (c) under a parenting order the person has parental responsibility for the child’s long‑term or day‑to‑day care, welfare and development (whether or not the person is a parent of the child); or\n (d) the person (whether or not a parent of the child) has guardianship or custody of the child, jointly or otherwise, under an Australian law or a foreign law, whether because of adoption, operation of law, an order of a court or otherwise.\n (1A) In paragraph (1)(a):\n\n> parental responsibility has the same meaning as in Part VII of the Family Law Act 1975.\n\n (2) Expressions used in paragraphs (1)(b) and (c) have the same meaning as in the Family Law Act 1975.\n\n#### 6A National security offences\n\n (1) The Minister may, by legislative instrument, determine that:\n (a) an offence against a specified provision of a specified Australian law or a specified foreign law; or\n (b) an offence against an Australian law or a foreign law involving specified conduct;\n is a national security offence for the purposes of paragraph (f) of the definition of national security offence in section 3.\n (2) A determination under subsection (1) applies in relation to:\n (a) applications made under this Act after the determination takes effect; and\n (b) applications made under this Act before the determination takes effect that have not been decided before the determination takes effect.\n\n#### 7 Children born on ships or aircraft or after death of parent\n\n Persons born on ships or aircraft\n (1) For the purposes of this Act:\n (a) a person born on a ship or aircraft registered in Australia or a foreign country is taken to have been born at the place at which the ship or aircraft is registered; and\n (b) a person born on a ship or aircraft not registered in Australia or a foreign country and belonging to the government of a country is taken to have been born in that country.\n Persons born after death of parent\n (2) For the purposes of this Act, the status of a parent of a person at the time of the person’s birth is, for a parent who died before the birth, taken to be the status of the parent when the parent died.\n\n#### 8 Children born as a result of artificial conception procedures or surrogacy arrangements\n\n (1) This section applies if a child is:\n (a) a child of a person under section 60H or 60HB of the Family Law Act 1975; and\n (b) either:\n (i) a child of the person’s spouse or de facto partner under that section; or\n (ii) a biological child of the person’s spouse or de facto partner.\n (2) The child is taken for the purposes of this Act:\n (a) to be the child of the person and the spouse or de facto partner; and\n (b) not to be the child of anyone else.\n\n#### 9 Confinement in prison or psychiatric institution\n\n Confinement in prison\n (1) For the purposes of this Act, the period during which a person is confined to a prison includes a period:\n (a) during which the person is an escapee from the prison; or\n (b) during which the person is undergoing a sentence of periodic detention in the prison.\n (2) For the purposes of this Act, the period during which a person is confined to a prison does not include a period during which the person has been so confined by reason only of the person serving a sentence relating to a conviction that is later quashed.\n Confinement in psychiatric institution\n (3) For the purposes of this Act, the period during which a person is confined in a psychiatric institution by order of a court includes a period during which the person is an escapee from the institution.\n\n#### 10 Personal identifiers\n\n (1) For the purposes of this Act, a personal identifier is any of the following (including any of the following in digital form):\n (a) fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies);\n (b) a measurement of a person’s height and weight;\n (c) a photograph or other image of a person’s face;\n\nNote: See section 10A.\n\n (d) an iris scan;\n (e) a person’s signature;\n (f) any other identifier prescribed by the regulations (except an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914).\n (2) Before the Governor‑General makes regulations for the purposes of paragraph (1)(f) prescribing an identifier, the Minister must be satisfied that:\n (a) obtaining the identifier would not involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914; and\n (b) the identifier is an image of, or a measurement or recording of, an external part of the body; and\n (c) obtaining the identifier is necessary for either or both of the following purposes:\n (i) assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2 or seeking to sit a test approved in a determination under section 23A;\n (ii) combating document and identity fraud in citizenship matters;\n\n#### 10A References to photograph or other image of person’s face\n\n A reference in the citizenship law to a photograph or other image of a person’s face includes a reference to a photograph or other image of:\n (a) the person’s face and all or part of the person’s neck; or\n (b) the person’s face and neck and all or part of the person’s shoulders.\n\n#### 10B Providing photographs and other images of faces to the Minister or authorised persons\n\n (1) This section applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to the Minister; and\n (b) for the purposes of that requirement:\n (i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (2) This section also applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to a person mentioned in paragraph 40(1)(d) or (e); and\n (b) for the purposes of that requirement:\n (i) the person provides to a person mentioned in paragraph 40(1)(d) or (e) (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (3) For the purposes of the citizenship law, the person is taken to provide the derived image to the recipient for the purposes of the requirement mentioned in paragraph (1)(a) or (2)(a) of this section.\n\n#### 11 Operation of Act\n\n External Territories\n (1) This Act extends to the external Territories.\n Application outside Australia\n (2) This Act extends unless the contrary intention appears:\n (a) to acts, omissions, matters and things outside Australia; and\n (b) to all persons, irrespective of their nationality or citizenship.\n State and Territory laws\n (3) It is the intention of the Parliament that this Act apply to the exclusion of any provisions of a law of a State or Territory that provide for Australian citizenship (whether the law was made before or after the commencement day).\n\n## Part 2—Australian citizenship\n\n### Division 1—Automatic acquisition of Australian citizenship\n\n#### 11A Simplified outline\n\n The following is a simplified outline of this Division:\n\nThe most common way you become an Australian citizen under this Division is by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of your birth.\n\nThere are some other, less common, ways of becoming an Australian citizen under this Division. These cover:\n\n• citizenship by being born in Australia and by being ordinarily resident in Australia for the next 10 years: see section 12; and\n\n• citizenship by adoption: see section 13; and\n\n• citizenship for abandoned children: see section 14; and\n\n• citizenship by incorporation of territory: see section 15.\n\n#### 12 Citizenship by birth\n\n (1) A person born in Australia is an Australian citizen if and only if:\n (a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or\n (b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.\n Enemy occupation\n (2) However, a person is not an Australian citizen under this section if, at the time the person is born:\n (a) a parent of the person is an enemy alien; and\n (b) the place of the birth is under occupation by the enemy;\n unless, at that time, the other parent of the person:\n (c) is an Australian citizen or a permanent resident; and\n (d) is not an enemy alien.\n\n#### 13 Citizenship by adoption\n\n A person is an Australian citizen if the person is:\n (a) adopted under a law in force in a State or Territory; and\n (b) adopted by a person who is an Australian citizen at the time of the adoption or by 2 persons jointly at least one of whom is an Australian citizen at that time; and\n (c) present in Australia as a permanent resident at that time.\n\n#### 14 Citizenship for abandoned children\n\n A person is an Australian citizen if the person is found abandoned in Australia as a child, unless and until the contrary is proved.\n\n#### 15 Citizenship by incorporation of Territory\n\n (1) A person is an Australian citizen if:\n (a) any territory becomes a part of Australia; and\n (b) the person is included in a class of persons specified in a determination under this section.\n Determination\n (2) The Minister may, by legislative instrument, determine that specified classes of persons are Australian citizens from a specified day because of their connection with that territory.\n Day citizenship begins\n (3) The person becomes an Australian citizen on that day.\n Retrospective application of instruments\n (4) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the instrument.\n\n### Division 2—Acquisition of Australian citizenship by application\n\n#### Subdivision A—Citizenship by descent\n\n#### 15A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 2 situations:\n\n• you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth: see subsection 16(2); or\n\n• you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949: see subsection 16(3).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 17(3); or\n\n• national security: see subsections 17(4) to (4B); or\n\n• cessation of citizenship: see subsection 17(5).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\nYou 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.\n\n#### 16 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Persons born outside Australia on or after 26 January 1949\n (2) A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person was an Australian citizen at the time of the birth; and\n (b) if the parent was an Australian citizen under this Subdivision or Subdivision AA, or section 10B, 10C or 11 of the old Act (about citizenship by descent), at the time of the birth:\n (i) the parent has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the person made the application; or\n (ii) the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n Persons born outside Australia or New Guinea before 26 January 1949\n (3) A person born outside Australia or New Guinea before 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person became an Australian citizen on 26 January 1949; and\n (b) the parent was born in Australia or New Guinea or was naturalised in Australia before the person’s birth; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 17 Minister’s decision\n\n (1) If a person makes an application under section 16, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n (2) Subject to this section, the Minister must approve the person becoming an Australian citizen if the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 16, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) at the time of the person’s birth, the person had a parent who was an Australian citizen.\n Cessation of citizenship\n (5) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 18 Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19 Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### 19A When a person does not become a citizen despite the Minister’s approval\n\n Despite section 19, a person does not become an Australian citizen under this Subdivision, even if the Minister approves the person becoming an Australian citizen, unless:\n (a) if the person was born on or after 26 January 1949—a parent of the person was an Australian citizen at the time of the person’s birth; or\n (b) if the person was born before 26 January 1949—a parent of the person became an Australian citizen on 26 January 1949.\n\n#### Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n\n#### 19B Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia by at least one Australian citizen in accordance with:\n\n(a) the Hague Convention on Intercountry Adoption; or\n\n(b) a bilateral arrangement.\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 19D(4); or\n\n• national security: see subsections 19D(5) to (7A); or\n\n• cessation of citizenship: see subsection 19D(8).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\n#### 19C Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Eligibility\n (2) A person (the applicant) is eligible to become an Australian citizen if:\n (a) the applicant is adopted in a Convention country or a prescribed overseas jurisdiction by:\n (i) a person (the adopter) who is an Australian citizen at time of the adoption; or\n (ii) 2 persons jointly, only one of whom (the adopter) is an Australian citizen at the time of the adoption; or\n (iii) 2 persons jointly, both of whom (the adopters) are Australian citizens at the time of the adoption; and\n (b) an adoption compliance certificate issued in that country is in force for the adoption; and\n (c) under the Intercountry Adoption regulations or the Bilateral Arrangements regulations, as applicable, the adoption is recognised and effective for the laws of the Commonwealth and each State and Territory; and\n (d) the legal relationship between the applicant and the individuals who were, immediately before the adoption, the applicant’s parents has been terminated; and\n (e) if subparagraph (a)(i) or (ii) applies and the adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—the adopter satisfies subsection (3); and\n (f) if subparagraph (a)(iii) applies and each adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—either or both of the adopters satisfy subsection (3); and\n (g) if the applicant is aged 18 or over at the time the applicant made the application—the Minister is satisfied that the applicant is of good character at the time of the Minister’s decision on the application.\n (3) An adopter satisfies this subsection if the adopter has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the applicant made the application.\n Definitions\n (4) In this section:\n\n> adoption compliance certificate:\n\n (a) for an adoption in accordance with the Hague Convention on Intercountry Adoption—has the same meaning as in the Intercountry Adoption regulations; and\n (b) for an adoption in accordance with a bilateral arrangement—has the same meaning as in the Bilateral Arrangements regulations.\n\n> Bilateral Arrangements regulations means prescribed regulations made under the Family Law Act 1975.\n\n> Convention country has the same meaning as in the Intercountry Adoption regulations.\n\n> Intercountry Adoption regulations means prescribed regulations made under the Family Law Act 1975.\n\n> prescribed overseas jurisdiction has the same meaning as in the Bilateral Arrangements regulations.\n\n#### 19D Minister’s decision\n\n (1) If a person makes an application under section 19C, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (2) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 19C(2).\n (3) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 19C(2).\n Identity\n (4) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (5) If the person is not covered by subsection (7), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (6) If the person is covered by subsection (7), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (7)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7A), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (7)(b)(ii) applies to the person—has been convicted of a national security offence.\n (7) A person is covered by this subsection if:\n (a) at the time the person made the application under section 19C, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7A) The Minister may decide that subparagraph (6)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n Cessation of citizenship\n (8) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 19E Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19F Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### Subdivision B—Citizenship by conferral\n\n#### 19G Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 7 situations:\n\n• you satisfy the general eligibility criteria and have successfully completed a citizenship test: see subsections 21(2) and (2A); or\n\n• you have a permanent or enduring physical or mental incapacity: see subsection 21(3); or\n\n• you are aged 60 or over or have a hearing, speech or sight impairment: see subsection 21(4); or\n\n• you are aged under 18: see subsection 21(5); or\n\n• you were born to a former Australian citizen: see subsection 21(6); or\n\n• you were born in Papua: see subsection 21(7); or\n\n• you are a stateless person: see subsection 21(8).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 24(3); or\n\n• national security: see subsections 24(4) to (4C); or\n\n• non‑presence in Australia: see subsection 24(5); or\n\n• offences: see subsection 24(6); or\n\n• cessation of citizenship: see subsection 24(7).\n\nYou may need to make a pledge of commitment to become an Australian citizen.\n\n#### 20 Requirements for becoming a citizen\n\n A person becomes an Australian citizen under this Subdivision if:\n (a) the Minister decides under subsection 24(1) to approve the person becoming an Australian citizen; and\n (b) if the person is required to make a pledge of commitment to become an Australian citizen—the person makes that pledge.\n\n> Note: Sections 21 to 25 deal with the Minister approving the person becoming an Australian citizen. Sections 26 and 27 deal with the making of a pledge of commitment.\n\n#### 21 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note 1: Subsections (2) to (8) deal with eligibility.\n\n> Note 2: Section 46 sets out application requirements (which may include the payment of a fee).\n\n General eligibility\n (2) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) understands the nature of an application under subsection (1); and\n (e) possesses a basic knowledge of the English language; and\n (f) has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship; and\n (g) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (h) is of good character at the time of the Minister’s decision on the application.\n (2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if the Minister is satisfied that the following apply:\n (a) the person has sat a test approved in a determination under section 23A;\n (b) the person was eligible to sit that test (worked out in accordance with that determination);\n (c) the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination;\n (d) the person successfully completed that test (worked out in accordance with that determination) within the relevant test period.\n Permanent or enduring physical or mental incapacity\n (3) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) has a permanent or enduring physical or mental incapacity, at the time the person made the application, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged 60 or over or has hearing, speech or sight impairment\n (4) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is:\n (i) aged 60 or over at the time the person made the application; or\n (ii) aged 18 or over at the time the person made the application and is suffering from a permanent loss or substantial impairment of hearing, speech or sight at that time; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) understands the nature of the application at the time the person made the application; and\n (d) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged under 18\n (5) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged under 18 at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application.\n Person born to former Australian citizen\n (6) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born outside Australia; and\n (b) a parent of the person was not an Australian citizen at the time of the person’s birth; and\n (c) the parent had ceased to be an Australian citizen under section 17 of the old Act (about dual citizenship) before that time; and\n (d) if the person is aged 18 or over at the time the person made the application—the person is of good character at the time of the Minister’s decision on the application.\n Person born in Papua\n (7) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Papua before 16 September 1975; and\n (b) a parent of the person was born in Australia (within the meaning of this Act at the time the person made the application); and\n (c) the parent was an Australian citizen at the time of the person’s birth; and\n (d) the person is of good character at the time of the Minister’s decision on the application.\n Statelessness\n (8) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Australia; and\n (b) the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (c) the person has:\n (i) never been a national of any country; and\n (ii) never been a citizen of any country; and\n (d) the person:\n (i) is not entitled to acquire the nationality of a foreign country; and\n (ii) is not entitled to acquire the citizenship of a foreign country.\n\n#### 22 General residence requirement\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:\n (a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and\n (b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and\n (c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.\n Overseas absences\n (1A) If:\n (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 12 months;\n then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.\n (1B) If:\n (a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 90 days; and\n (c) the person was a permanent resident during each period of absence;\n then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.\n Confinement in prison or psychiatric institution\n (1C) Subject to subsection (5A), the person is taken not to satisfy paragraph (1)(a) if, at any time during the 4 year period mentioned in that paragraph, the person was:\n (a) confined in a prison; or\n (b) 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.\n Partial exemption—person born in Australia or former Australian citizen\n (2) Paragraphs (1)(a) and (b) do not apply if the person:\n (a) was born in Australia; or\n (b) was an Australian citizen at any time before the person made the application.\n Ministerial discretion—administrative error\n (4A) For the purposes of paragraph (1)(b), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n (5) 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 the Minister considers the person was present in Australia during that period but, because of an administrative error, was not a permanent resident during that period.\n Ministerial discretion—confinement in prison or psychiatric institution\n (5A) The Minister may decide that subsection (1C) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—person in Australia would suffer significant hardship or disadvantage\n (6) 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:\n (a) the person was present in Australia during that period (except as a permanent resident or an unlawful non‑citizen); and\n (b) the Minister is satisfied that the person will suffer significant hardship or disadvantage if that period were not treated as one during which the person was present in Australia as a permanent resident.\n Ministerial discretion—spouse, de facto partner or surviving spouse or de facto partner of Australian citizen\n (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, the Minister may treat a period as one in which the person was present in Australia as a permanent resident if:\n (a) the person was a spouse or de facto partner of that Australian citizen during that period; and\n (b) the person was not present in Australia during that period; and\n (c) the person was a permanent resident during that period; and\n (d) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n (10) In subsection (9):\n\n> 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.\n\n Ministerial discretion—person in an interdependent relationship\n (11) If, at the time the person made the application, the person:\n (a) holds a permanent visa granted to the person because the person was in an interdependent relationship with an Australian citizen; and\n (b) is in that interdependent relationship;\n then, 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:\n (c) the person held that visa during that period and the person was in that interdependent relationship during that period; and\n (d) the person was not present in Australia during that period; and\n (e) the person was a permanent resident during that period; and\n (f) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n\n#### 22A Special residence requirement—persons engaging in activities that are of benefit to Australia\n\n (1) Subject to this section, for the purposes of section 21 a person (the applicant) satisfies the special residence requirement if:\n (a) the following apply:\n (i) the applicant is seeking to engage in an activity specified under subsection 22C(1);\n (ii) the applicant’s engagement in that activity would be of benefit to Australia;\n (iii) the applicant needs to be an Australian citizen in order to engage in that activity;\n (iv) in order for the applicant to engage in that activity, there is insufficient time for the applicant to satisfy the general residence requirement (see section 22); and\n (b) the head of an organisation specified under subsection 22C(2), or a person whom the Minister is satisfied holds a senior position in that organisation, has given the Minister a notice in writing stating that the applicant has a reasonable prospect of being engaged in that activity; and\n (c) the applicant was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the applicant made the application; and\n (d) the applicant was present in Australia for a total of at least 90 days during the period of 12 months immediately before the day the applicant made the application; and\n (e) the applicant was ordinarily resident in Australia throughout the period of 2 years immediately before the day the applicant made the application; and\n (f) the applicant was a permanent resident for the period of 2 years immediately before the day the applicant made the application; and\n (g) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 2 years immediately before the day the applicant made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the applicant if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the applicant; and\n (b) the Minister is satisfied that the applicant satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (c) the applicant was a permanent resident throughout the period of 90 days immediately before the day the applicant made the application; and\n (d) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the applicant made the application; and\n (e) the applicant has given the Minister an undertaking in a form approved by the Minister under subsection (8); and\n (f) the applicant has declared, in the undertaking, that:\n (i) if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection, the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and\n (ii) the applicant understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the applicant, then, for the purposes of section 21, the applicant is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the applicant is taken not to satisfy paragraph (1)(c) if, at any time during the 2 year period mentioned in that paragraph, the applicant was:\n (a) confined in a prison; or\n (b) 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 applicant.\n (3) The Minister may decide that subsection (2) does not apply in relation to the applicant if, taking into account the circumstances that resulted in the applicant’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the applicant.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(c), the Minister may treat a period as one in which the applicant was a permanent resident if the Minister considers that, because of an administrative error, the applicant was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(d), the Minister may treat a period as one in which the applicant was not present in Australia as an unlawful non‑citizen if the Minister considers the applicant was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(e).\n (9) If the applicant becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the applicant becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the activity covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that activity would be of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the applicant.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22B Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the special residence requirement if:\n (a) at the time the person made the application, the person is engaged in work of a kind specified under subsection 22C(3) and the person is required to regularly travel outside Australia because of that work; and\n (b) the following apply:\n (i) the person was engaged in that kind of work for a total of at least 2 years during the period of 4 years immediately before the day the person made the application;\n (ii) for the whole or part of that 4 year period when the person was engaged in that kind of work, the person regularly travelled outside Australia because of that work; and\n (c) the person was present in Australia for a total of at least 480 days during the period of 4 years immediately before the day the person made the application; and\n (d) the person was present in Australia for a total of at least 120 days during the period of 12 months immediately before the day the person made the application; and\n (e) the person was ordinarily resident in Australia throughout the period of 4 years immediately before the day the person made the application; and\n (f) the person was a permanent resident for the period of 12 months immediately before the day the person made the application; and\n (g) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 4 years immediately before the day the person made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the person if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the person; and\n (b) the Minister is satisfied that the person’s engagement in the kind of work concerned is of benefit to Australia; and\n (c) the Minister is satisfied that the person satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (d) the person was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the person made the application; and\n (e) the person was a permanent resident throughout the period of 90 days immediately before the day the person made the application; and\n (f) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the person made the application; and\n (g) the person has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the person becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection:\n (i) the person will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the person becomes an Australian citizen; and\n (ii) the person will be present in Australia for a total of at least 180 days during that 2‑year period; and\n (h) the person has declared, in the undertaking, that the person understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the person, then, for the purposes of section 21, the person is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the person is taken not to satisfy:\n (a) paragraph (1)(c) if, at any time during the 4‑year period mentioned in that paragraph; or\n (b) paragraph (1A)(d) if, at any time during the 2‑year period mentioned in that paragraph;\n the person was:\n (c) confined in a prison; or\n (d) 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.\n (3) The Minister may decide that subsection (2) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(e), the Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(f), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the person or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(g).\n (9) If the person becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the person becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the kind of work covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that kind of work is of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the person.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22C Special residence requirement—legislative instruments\n\n (1) The Minister may, by legislative instrument, specify activities for the purposes of subparagraph 22A(1)(a)(i).\n (2) The Minister may, by legislative instrument, specify organisations for the purposes of paragraph 22A(1)(b).\n (3) The Minister may, by legislative instrument, specify kinds of work for the purposes of paragraph 22B(1)(a).\n\n#### 23 Defence service requirement\n\n Person who has completed relevant defence service\n (1) For the purposes of section 21, a person satisfies the defence service requirement if the person has completed relevant defence service.\n Member of family unit of person who has completed relevant defence service etc.\n (2) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person has completed relevant defence service; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) the relative holds a visa of that kind because the relative is a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n (3) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person dies while undertaking service in the Permanent Forces or the Reserves; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) immediately before the death of the defence person, the relative held a visa of that kind because the relative was a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n Definitions\n (4) In this section:\n\n> member of the family unit of a person has the same meaning as in the Migration Act 1958.\n\n> Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.\n\n> relevant defence service: a person has completed relevant defence service if:\n\n (a) the person has undertaken a total of at least 90 days service in one or more of the Permanent Forces (whether or not that service was continuous); or\n (b) the person has undertaken a total of at least 90 days service on which he or she was required for, and attended and was entitled to be paid for, duty in one or more of the Reserves (whether or not that service was continuous); or\n (c) the person:\n (i) was discharged from service undertaken in one of the Permanent Forces or the Reserves as medically unfit for that service; and\n (ii) became so unfit because of service undertaken in any of the Permanent Forces or the Reserves.\n\n> Reserves means the Naval Reserve, the Army Reserve or the Air Force Reserve.\n\n> service: a person undertakes service in the Permanent Forces or the Reserves only if the person is appointed, enlisted or transferred into any of the Permanent Forces or the Reserves.\n\n> Note: For appointment, enlistment or transfer into any of the Permanent Forces or the Reserves, see the Defence Act 1903.\n\n#### 23A Citizenship test\n\n (1) The Minister must, by written determination, approve a test for the purposes of subsection 21(2A) (about general eligibility for citizenship).\n\n> Note: The test must be related to the eligibility criteria referred to in paragraphs 21(2)(d), (e) and (f).\n\n Successful completion of the test\n (2) A determination under subsection (1) must specify what amounts to successful completion of the test.\n Eligibility criteria for sitting the test\n (3) A determination under subsection (1) may set out the eligibility criteria a person must satisfy to be able to sit the test.\n\n> Note: The eligibility criteria for sitting the test cannot be inconsistent with this Act and in particular subsection 21(2) (about the general eligibility criteria for becoming an Australian citizen).\n\n (4) For the purposes of subsection (3), the determination may provide that a person is not eligible to sit the test unless the person is a permanent resident and the Minister is satisfied of the identity of the person.\n (5) Subsection (4) does not limit subsection (3).\n Period for sitting and completing the test\n (5A) A determination under subsection (1) may provide for the period within which a person must start the test and for the period within which a person must complete the test.\n Other matters\n (6) A determination under subsection (1) may cover any other matter related to the test the Minister thinks appropriate.\n Determination not a legislative instrument\n (7) A determination made under subsection (1) is not a legislative instrument.\n\n#### 24 Minister’s decision\n\n (1) If a person makes an application under section 21, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n\n> Note: The Minister may cancel an approval: see section 25.\n\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6), (7) or (8).\n (2) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6) or (7).\n (2A) If the Minister exercised the power under subsection 22A(1A) or 22B(1A) in relation to the person, the decision under subsection (1) of this section must be made by the Minister personally.\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (4B)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (4C), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (4B)(b)(ii) applies to the person—has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 21, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (4C) The Minister may decide that subparagraph (4A)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n (4D) To avoid doubt, subsection (4A) applies to a person who is eligible to become an Australian citizen under subsection 21(8).\n Person not present in Australia\n (5) If:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (aa) the Minister is satisfied that the person did not satisfy the special residence requirement referred to in section 22A or 22B; and\n (b) the Minister did not apply subsection 22(9) in relation to the person; and\n (c) the Minister did not apply subsection 22(11) in relation to the person;\n the Minister must not approve the person becoming an Australian citizen at a time when the person is not present in Australia.\n Offences\n (6) The Minister must not approve the person becoming an Australian citizen at a time:\n (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\n (b) when the person is confined to a prison in Australia; or\n (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\n (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\n (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\n (f) if the person:\n (i) has been released by a court from serving the whole or a part of a sentence of imprisonment; and\n (ii) has been so released because the person gave a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (g) if, in respect of proceedings for an offence against an Australian law in relation to the person:\n (i) a court does not impose a sentence of imprisonment on the person; and\n (ii) the court releases the person because the person gives a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (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.\n Cessation of citizenship\n (7) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n Statelessness\n (8) However, subsections (6) and (7) do not apply to a person covered by subsection 21(8) (about statelessness).\n\n#### 25 Minister may cancel approval\n\n (1) The Minister may, by writing, cancel an approval given to a person under section 24 if:\n (a) the person has not become an Australian citizen under section 28; and\n (b) either of the following 2 situations apply.\n Eligibility criteria not met\n (2) The first situation applies if:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (b) the Minister is satisfied that, at the time the Minister proposes to cancel the approval, the person is:\n (i) not a permanent resident; or\n (ii) not likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia; or\n (iii) not of good character.\n Failure to make pledge of commitment\n (3) The second situation applies if:\n (a) the person has failed to make a pledge of commitment within 12 months after the day on which the person received notice of the approval; and\n (b) the person’s reason for the failure is not one that is prescribed by the regulations for the purposes of this subsection.\n Cancellation of child’s approval\n (4) If:\n (a) a child aged under 16 makes an application under section 21 at a particular time; and\n (b) 1 or more responsible parents of the child make applications under section 21 at that time; and\n (c) the Minister decides under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens; and\n (d) the Minister cancels the approval given to each responsible parent;\n the Minister must, by writing, cancel the approval given to the child.\n Effect of cancellation\n (5) If the Minister cancels an approval given to a person, the approval is taken never to have been given.\n\n> Note: A person cannot become an Australian citizen under this Subdivision unless the Minister approves the person becoming an Australian citizen. This subsection has the effect that the person will need to make another application if the person wants to become an Australian citizen.\n\n#### 26 Pledge of commitment must be made\n\n (1) A person must make a pledge of commitment to become an Australian citizen unless the person:\n (a) is aged under 16 at the time the person made the application to become an Australian citizen; or\n (b) has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or\n (c) is covered by subsection 21(6), (7) or (8).\n\n> Note: See section 27 for how the pledge is to be made.\n\n (2) A person must not make a pledge of commitment before the Minister approves the person’s application to become an Australian citizen. A pledge of commitment made by the person before that time is of no effect.\n Delayed making of pledge\n (3) If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:\n (a) a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or\n (b) the person has been or may be charged with an offence under an Australian law.\n (4) The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.\n (5) The Minister may, by writing, revoke a determination.\n (6) If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. A pledge of commitment made by the person before that time is of no effect.\n\n#### 27 How pledge of commitment is to be made\n\n Form of pledge\n (1) A pledge of commitment must be made in accordance with either of the forms set out in Schedule 1.\n Prescribed arrangements\n (2) A pledge of commitment must be made in accordance with the arrangements prescribed by the regulations.\n\n> Note: The regulations may provide for a pledge of commitment to be made in public.\n\n Persons who may receive pledge\n (3) A pledge of commitment must be made before:\n (a) the Minister; or\n (b) a person authorised under subsection (4); or\n (c) a person who is included in a class of persons authorised under subsection (5).\n (4) The Minister may, by writing, authorise a person for the purposes of paragraph (3)(b).\n (5) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (3)(c).\n\n#### 28 Day citizenship begins etc.\n\n Persons required to make pledge of commitment\n (1) A person required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the person makes the pledge.\n Persons not required to make pledge of commitment\n (2) Subject to subsection (3), a person not required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n Applications made at the same time by child and responsible parents\n (3) Subsection (2) does not apply to a child aged under 16 at the time the child made the application to become an Australian citizen if:\n (a) 1 or more responsible parents of the child made applications under section 21 at that time; and\n (b) the Minister decided under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens.\n (4) If 1 or more of the responsible parents become Australian citizens under this section, the child becomes an Australian citizen on the first day on which a responsible parent becomes an Australian citizen.\n\n#### Subdivision C—Resuming citizenship\n\n#### 28A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you ceased to be an Australian citizen under this Act or the old Act.\n\nYou must make an application to become an Australian citizen again. The Minister must approve or refuse you becoming an Australian citizen again.\n\nYou must be eligible to be an Australian citizen again to be approved. You may be refused citizenship again even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 30(3); or\n\n• national security: see subsections 30(4) to (7).\n\nYou will be registered if the Minister approves you becoming an Australian citizen again.\n\n#### 29 Application and eligibility for resuming citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen again.\n\n> Note 1: Section 46 sets out application requirements (which may include the payment of a fee).\n\n> Note 2: The person may also apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under this Act\n (2) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 33 (about renunciation) in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (ii) section 36 (about children); and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n> Note 1: See also section 32 (which is about persons resuming their former citizenship status).\n\n> Note 2: A person who ceases to be an Australian citizen under section 34 or 34A may apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under old Act\n (3) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 17 (about dual citizenship) of the old Act; or\n (ii) section 18 (about renunciation) of the old Act in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (iii) section 20 (about residence outside Australia) of the old Act; or\n (iv) section 23 (about children) of the old Act; and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 30 Minister’s decision\n\n (1) If a person makes an application under section 29, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen again.\n (1A) The Minister must not approve the person becoming an Australian citizen again unless the person is eligible to become an Australian citizen again under subsection 29(2) or (3).\n (2) The Minister may refuse to approve the person becoming an Australian citizen again despite the person being eligible to become an Australian citizen again under subsection 29(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen again unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (5) If the person is covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again if the person:\n (a) if subparagraph (6)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (6)(b)(ii) applies to the person—has been convicted of a national security offence.\n (6) A person is covered by this subsection if:\n (a) at the time the person made the application under section 29, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7) The Minister may decide that subparagraph (5)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n\n#### 31 Registration\n\n If the Minister approves the person becoming an Australian citizen again, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 32 Day citizenship begins again etc.\n\n (1) A person becomes an Australian citizen again on the day on which the Minister approves the person becoming an Australian citizen again.\n Same kind of citizenship—former citizen under this Act\n (2) If the person, before ceasing to be an Australian citizen, was an Australian citizen under Subdivision A, AA or B, the person becomes an Australian citizen again under that Subdivision.\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n Same kind of citizenship—former citizen under old Act\n (3) If the person, before ceasing to be an Australian citizen, was an Australian citizen under the provision set out in column 2 of the following table, the person becomes an Australian citizen again under the provision set out in column 3 of the table.\n\n```html\n

Same kind of citizenship

Column 1
Item

Column 2
Provision under which person was a citizen

Column 3
Provision under which person becomes a citizen again

1

Section 10B, 10C or 11 of the old Act

Subdivision A of this Division

2

Division 2 of Part III of the old Act

Subdivision B of this Division

\n```\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n### Division 3—Cessation of Australian citizenship\n\n#### Subdivision A—Simplified outline of this Division\n\n#### 32A Simplified outline of this Division\n\n The following is a simplified outline of this Division:\n\nThere are 5 ways in which you can cease to be an Australian citizen:\n\n• you may renounce your Australian citizenship: see section 33; or\n\n• 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\n\n• 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\n\n• if you are the child of a responsible parent who ceases to be an Australian citizen, the Minister can revoke your citizenship in some situations: see section 36; or\n\n• if you are convicted of certain offences and an order is made by a court that you cease to be an Australian citizen: see Subdivision C (citizenship cessation).\n\n#### Subdivision B—Citizenship renunciation and revocation\n\n#### 33 Renunciation by application\n\n (1) A person may make an application to the Minister to renounce the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Minister’s decision\n (2) The Minister must, by writing, approve or refuse to approve the person renouncing his or her Australian citizenship.\n (3) Subject to this section, the Minister must approve the person renouncing his or her Australian citizenship if the Minister is satisfied that:\n (a) the person is aged 18 or over, and is a national or citizen of a foreign country, at the time the person made the application; or\n (b) the person was born, or is ordinarily resident, in a foreign country and is not entitled, under the law of that country, to acquire the nationality or citizenship of that country because the person is an Australian citizen.\n (4) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n (5) The Minister may refuse to approve the person renouncing his or her Australian citizenship if the person:\n (a) is a national or citizen of a foreign country at the time the person made the application; and\n (b) made the application during a war in which Australia is engaged.\n (6) The Minister must not approve the person renouncing his or her Australian citizenship if the Minister considers that it would not be in the interests of Australia to do so.\n (7) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person:\n (a) is a national or citizen of a foreign country immediately before the Minister’s decision on the application; or\n (b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval.\n Time citizenship ceases\n (8) If the Minister approves a person renouncing his or her Australian citizenship, the person ceases to be an Australian citizen at the time of the approval.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 34 Revocation by Minister—offences or fraud\n\n Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision A or AA of Division 2 (including because of the operation of section 32); and\n (b) either of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n Citizenship by conferral\n (2) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2 (including because of the operation of section 32); and\n (b) any of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person has, at any time after making the application to become an Australian citizen, been convicted of a serious offence within the meaning of subsection (5);\n (iii) the person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud within the meaning of subsection (6);\n (iv) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n (3) However, the Minister must not decide under subsection (2) to revoke a person’s Australian citizenship if:\n (a) the Minister may revoke the person’s Australian citizenship under that subsection only because of the application of subparagraph (2)(b)(ii); and\n (b) 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.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n Serious offence\n (5) For the purposes of this section, a person has been convicted of a serious offence if:\n (a) the person has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to death or to a serious prison sentence; and\n (b) the person committed the offence at any time before the person became an Australian citizen.\n Migration‑related fraud\n (6) For the purposes of this section, a person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud if and only if:\n (a) at any time, the person was convicted of an offence against:\n (i) section 234, 236 or 243, or former section 244 (as in force before its repeal by the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008), of the Migration Act 1958; or\n (ii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n that the person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the person’s entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia.\n (7) Subsection (6) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident.\n Third‑party fraud\n (8) For the purposes of this section, a person (the applicant) obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud if and only if:\n (a) at any time, another person was convicted of an offence against section 50 of this Act, or section 134.1, 135.2, 135.4, 136.1, 137.1, 137.2, 139.1, 141.1, 142.1, 142.2, 144.1, 145.1, 145.2, 145.4, 145.5 or 149.1 of the Criminal Code, that the other person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the Minister approving the applicant becoming an Australian citizen.\n Charge proved but no conviction\n (9) A reference in this section to a conviction of an offence:\n (a) in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; and\n (b) in relation to a law of a State or Territory or a foreign country—includes a reference to the making of an order under the corresponding provision of a law of the State or Territory or foreign country in relation to the offence.\n\n#### 34A Revocation by Minister—special residence requirements\n\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2; and\n (b) the person became an Australian citizen in circumstances where the Minister exercised the power under subsection 22A(1A) or 22B(1A); and\n (c) in a case in which the power was exercised under subsection 22A(1A)—the Minister is satisfied that the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; and\n (d) in a case in which the power was exercised under subsection 22B(1A)—the Minister is satisfied that:\n (i) the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; or\n (ii) the person will not be, or was not, present in Australia for a total of at least 180 days during that 2‑year period.\n (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.\n (3) The power under subsection (1) may only be exercised by the Minister personally.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 36 Children of responsible parents who cease to be citizens\n\n (1) If:\n (a) a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and\n (b) at the cessation time, the person is a responsible parent of a child aged under 18;\n then:\n (c) the Minister may, by writing, revoke the child’s Australian citizenship; and\n (d) if the Minister does so—the child ceases to be an Australian citizen at the time of the revocation.\n Exception—another responsible parent\n (2) If, at the cessation time, another responsible parent of the child is an Australian citizen, subsection (1) does not apply to the child:\n (a) while there is a responsible parent who is an Australian citizen; and\n (b) if there ceases to be such a responsible parent because of the death of a responsible parent—at any time after that death.\n Exception—statelessness\n (3) The Minister must not revoke a child’s Australian citizenship under subsection (1) if the Minister is satisfied that the child would then become a person who is not a national or citizen of any country.\n\n#### Subdivision C—Citizenship cessation\n\n#### 36A Purpose of this Subdivision\n\n This Subdivision is enacted because the Parliament recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia.\n\n#### 36B Cessation of citizenship if citizenship cessation order made by court etc.\n\n (1) Subject to this section, if an order is made under subsection 36C(1) in relation to a person, the person ceases to be an Australian citizen at the time the order is made.\n Order overturned or quashed\n (2) If a decision of a court overturns or quashes the order made under subsection 36C(1), the person’s citizenship is taken never to have ceased under subsection (1) of this section.\n (3) The validity of anything done in reliance on the order made under subsection 36C(1) before the order was overturned or quashed is not affected.\n Appeal decision\n (4) If:\n (a) a decision (the first decision) of a court overturning or quashing the order made under subsection 36C(1) in relation to the person is appealed; and\n (b) the decision (the second decision) on appeal overturns or quashes the first decision;\n the person ceases to be an Australian citizen at the time the second decision is made.\n\n#### 36C Citizenship cessation order if person is convicted of serious offence\n\n (1) If:\n (a) a person is convicted of one or more serious offences; and\n (b) the court has decided to impose on the person, in respect of the conviction or convictions, a period of imprisonment that is at least 3 years or periods of imprisonment that total at least 3 years; and\n (c) before the court imposes the sentence or sentences on the person in respect of the conviction or convictions, the Minister makes an application under subsection 36D(1) for an order to be made under this subsection in relation to the person; and\n (d) the court is satisfied of the matters specified in subsection (4) of this section;\n the court may, when imposing such a period or periods of imprisonment on the person in respect of the conviction or convictions, also order at that time as part of the sentence or sentences that the person ceases to be an Australian citizen.\n\n> Note: Subsections (5) and (6) set out, without limitation, matters the court must have regard to in deciding whether to make an order under this subsection.\n\n (2) However, the court must not make an order under subsection (1) in relation to the person if the court is satisfied that the person would, if the court were to make the order, become a person who is not a national or citizen of any country.\n Serious offence\n (3) A serious offence is an offence against any of the following provisions:\n (a) a provision of Subdivision A of Division 72 of the Criminal Code (explosives and lethal devices);\n (b) a provision of Subdivision B of Division 80 of the Criminal Code (treason);\n (c) section 83.1 of the Criminal Code (advocating mutiny);\n (d) a provision of Division 91 of the Criminal Code (espionage);\n (e) a provision of Division 92 of the Criminal Code (foreign interference);\n (f) a provision of Part 5.3 of the Criminal Code (terrorism), other than the following provisions:\n (i) section 102.8;\n (ii) Division 104;\n (iii) Division 105;\n (iv) section 105A.7D;\n (v) section 105A.18B;\n (fa) a provision of Part 5.3A of the Criminal Code (state sponsors of terrorism), other than section 112.7;\n (g) a provision of Part 5.5 of the Criminal Code (foreign incursions and recruitment).\n Court to be satisfied of certain matters etc.\n (4) For the purposes of paragraph (1)(d), the matters are the following:\n (a) the person is aged 14 or over;\n (b) the person is an Australian citizen;\n (c) the person’s conduct to which the conviction or convictions relate is so serious and significant that it demonstrates that the person has repudiated their allegiance to Australia.\n (5) In deciding whether the court is satisfied of the matter referred to in paragraph (4)(c) in relation to the person’s conduct, the court must have regard to the following matters:\n (a) whether the conduct to which the conviction or convictions relate demonstrates a repudiation of the values, democratic beliefs, rights and liberties that underpin Australian society;\n (b) the degree, duration or scale of the person’s commitment to, or involvement in, the conduct to which the conviction or convictions relate;\n (c) the intended scale of the conduct to which the conviction or convictions relate;\n (d) the actual impact of the conduct to which the conviction or convictions relate;\n (e) whether the conduct to which the conviction or convictions relate caused, or was intended to cause, harm to human life or a loss of human life.\n (6) In deciding whether to make an order under subsection (1) in relation to the person, the court must have regard to the following matters:\n (a) if the person is a child aged under 18—the best interests of the child;\n (b) if the person has any dependent children in Australia—the best interests of those children;\n (c) the person’s connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person.\n (7) Subsection (6) does not limit the matters to which the court may have regard in deciding whether to make an order under subsection (1) in relation to the person.\n Concurrent sentences\n (8) If:\n (a) a person has been convicted of 2 or more serious offences; and\n (b) a court has decided to impose on the person, in respect of the conviction or convictions, 2 or more periods of imprisonment to be served concurrently (whether in whole or in part);\n then, for the purposes of subsection (1), the whole of each period is to be counted in working out the total of those periods.\n\n> Note: Example: A person is convicted of 2 serious offences and a court has decided to impose on the person in respect of the convictions 2 periods of 2 years imprisonment to be served concurrently. For the purposes of subsection (1), the total period of imprisonment is 4 years.\n\n References to period of imprisonment\n (9) For the purposes of subsection (1):\n (a) a reference to a period of imprisonment in that subsection does not include a period of imprisonment that is suspended; and\n (b) a reference to a period of imprisonment in that subsection includes a reference to a single sentence of imprisonment that a court has decided to impose in respect of both one or more serious offences and one or more other offences.\n Other matters\n (10) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n (11) Part IB of the Crimes Act 1914 (which deals with sentencing, imprisonment and release of federal offenders) does not apply in relation to an order under this section.\n\n#### 36D Application by the Minister for a citizenship cessation order\n\n (1) The Minister may make an application for an order to be made by a court under subsection 36C(1) in relation to a person.\n (2) The application may be made before or after the person is convicted of one or more serious offences but must be made before the person is sentenced.\n Consultation with the Foreign Affairs Minister\n (3) Before the Minister makes the application, the Minister must consult the Foreign Affairs Minister.\n Matters relating to the application\n (4) The application must include the following matters:\n (a) information about the person’s age;\n (b) information about the person’s Australian citizenship;\n (c) information about the person’s nationality or citizenship of other countries.\n (5) The application:\n (a) must be made in the jury’s absence; and\n (b) must not be referred to in the presence of the jury; and\n (c) must only be heard after the person is convicted of one or more serious offences.\n Notice of application\n (6) The Minister must give the person written notice of the application as soon as practicable after the application is made. The Minister may also give written notice of the application to such other persons as the Minister considers appropriate.\n (7) Section 47 (notification of decisions) does not apply to a decision of the Minister to make the application.\n Australian citizens to which this section applies\n (8) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n\n#### 36L No resumption of citizenship if citizenship ceases under this Subdivision\n\n If a person ceases to be an Australian citizen under this Subdivision, Divisions 1 and 2 of this Part do not apply in relation to the person after that cessation.\n\n> Note: See section 36B for when a person ceases to be an Australian citizen.\n\n### Division 4—Evidence of Australian citizenship\n\n#### 37 Evidence of Australian citizenship\n\n (1) A person may make an application to the Minister for evidence of the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Notice\n (2) The Minister may give the person a notice stating that the person is an Australian citizen at a particular time.\n (3) The notice must:\n (a) be in a form prescribed by the regulations; and\n (b) contain any other matter prescribed by the regulations.\n Identity\n (4) The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n Evidentiary status\n (5) A notice is prima facie evidence of the matters in the notice.\n Cancellation\n (6) The Minister may, by writing, cancel a notice given to a person under this section.\n\n#### 38 Surrender of physical evidentiary notice\n\n Request for surrender\n (1) If:\n (a) the Minister makes a decision under section 34 or 34A to revoke a person’s Australian citizenship; and\n (b) at the time of the revocation, there is in force a notice under section 37 in relation to the person; and\n (c) the notice was given to the person in a physical form;\n the Minister may request the person to surrender the notice to the Minister.\n (2) If the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37 and the notice was given to the person in a physical form, the Minister may request the person to surrender the notice to the Minister.\n Form of request\n (3) A request given to a person under subsection (1) or (2) must:\n (a) be made in writing; and\n (b) specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and\n (c) specify how the person is to surrender the notice to the Minister; and\n (d) contain a statement to the effect that a failure to comply with the request is an offence.\n Offence\n (4) A person commits an offence if:\n (a) the person is given a request that is in accordance with this section; and\n (b) the person fails to comply with the request.\n\nPenalty for contravention of this subsection: 10 penalty units.\n\n#### 39 Altering evidentiary notice\n\n A person commits an offence if:\n (a) the person alters, or causes or permits to be altered, a notice; and\n (b) the notice was given to a person under section 37.\n\nPenalty: Imprisonment for 12 months.\n\n### Division 5—Personal identifiers\n\n#### Subdivision A—Obtaining personal identifiers\n\n#### 40 Request for personal identifiers\n\n (1) For the purposes of the Minister being satisfied of the identity of:\n (a) a person in relation to an application under this Part; or\n (b) a person who has sought to sit a test approved in a determination under section 23A;\n the following persons may request the person, in writing, to provide one or more specified personal identifiers:\n (c) the Minister;\n (d) a person authorised under subsection (3);\n (e) a person who is included in a class of persons authorised under subsection (4).\n Form of request\n (2) A request must inform the person of the matters prescribed by the regulations.\n Authorisations\n (3) The Minister may, by writing, authorise a person for the purposes of paragraph (1)(d).\n (4) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (1)(e).\n\n#### 41 Provision of personal identifiers\n\n The regulations may prescribe the procedures and requirements that apply to the provision of a personal identifier by a person under this Division.\n\n#### Subdivision B—Obligations relating to identifying information\n\n#### 42 Accessing identifying information\n\n (1) A person commits an offence if:\n (a) the person accesses identifying information; and\n (b) the person is not authorised under this section to access the identifying information for the purpose for which the person accessed it.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) This section does not apply if the person believes on reasonable grounds that the access is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n (2) This section does not apply if the access is through:\n (a) a disclosure that is a permitted disclosure within the meaning of section 43; or\n (b) a disclosure to which section 43 does not apply because of the operation of subsection 43(1A).\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Authorisation\n (3) The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.\n (4) The Minister must specify in an authorisation under subsection (3), as the purpose or purposes for which access is authorised, one or more of the following purposes:\n (a) either or both of the purposes set out in paragraph 10(2)(c);\n (b) disclosing identifying information in accordance with this Division;\n (c) administering or managing the storage of identifying information;\n (d) making identifying information available to the person to whom it relates;\n (e) modifying identifying information to enable it to be matched with other identifying information;\n (f) modifying identifying information in order to correct errors or ensure compliance with appropriate standards;\n (g) the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act;\n (h) complying with Australian laws.\n\n#### 43 Disclosing identifying information\n\n (1) A person commits an offence if:\n (a) the person’s conduct causes disclosure of identifying information; and\n (b) the disclosure is not a permitted disclosure.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure;\n this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person.\n\n> Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: Australian Privacy Principle 6 may apply to further disclosures of that identifying information by a person who is not an entrusted person.\n\n (1B) This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).\n\n (2) A permitted disclosure is a disclosure that:\n (b) is for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; or\n (c) is for the purpose of administering or managing the storage of identifying information; or\n (d) is for the purpose of making the identifying information in question available to the person to whom it relates; or\n (da) is to an agency of the Commonwealth, a State or a Territory in order to verify that a person is an Australian citizen; or\n (e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or\n (ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth, a State or a Territory; or\n (eb) is required by an Australian law; or\n (f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or\n (g) is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or\n (h) takes place with the written consent of the person to whom the identifying information in question relates.\n\n#### 44 Unauthorised modification or impairment of identifying information\n\n Unauthorised modification\n (1) A person commits an offence if:\n (a) the person causes any unauthorised modification of identifying information; and\n (b) the person intends to cause the modification; and\n (c) the person knows that the modification is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Unauthorised impairment\n (2) A person commits an offence if:\n (a) the person causes any unauthorised impairment of:\n (i) the reliability of identifying information; or\n (ii) the security of the storage of identifying information; or\n (iii) the operation of a system by which identifying information is stored; and\n (b) the person intends to cause the impairment; and\n (c) the person knows that the impairment is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Exception\n (2A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure within the meaning of section 43;\n this section does not apply in relation to any modification or impairment of that identifying information by a person who is not an entrusted person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n Interpretation\n (3) In this section:\n (a) modification of identifying information; or\n (b) impairment of the reliability of identifying information; or\n (c) impairment of the security of the storage of identifying information; or\n (d) impairment of the operation of a system by which identifying information is stored;\n by a person is unauthorised if the person is not entitled to cause that modification or impairment.\n (4) Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.\n (5) For the purposes of this section, a person causes any such unauthorised modification or impairment if the person’s conduct substantially contributes to it.\n (6) For the purposes of subsection (3), if:\n (a) a person causes any modification or impairment of a kind mentioned in that subsection; and\n (b) the person does so under a warrant issued under an Australian law;\n the person is entitled to cause that modification or impairment.\n\n#### 45 Destroying identifying information\n\n (1) A person commits an offence if:\n (a) the person is the responsible person for identifying information; and\n (b) the person fails to destroy the identifying information as soon as practicable after the person is no longer required under the Archives Act 1983 to keep the identifying information.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n> Note: See section 24 of the Archives Act 1983 on the obligation to keep the identifying information.\n\n (2) This section does not apply if the identifying information is:\n (a) a personal identifier that is any of the following:\n (i) a measurement of a person’s height and weight;\n (ii) a photograph or other image of a person’s face;\n (iii) a person’s signature; or\n (b) identifying information derived from or relating to such a personal identifier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Definitions\n (3) For the purposes of this section, the responsible person for identifying information is:\n (a) if the identifying information is stored on a database—the person who has day‑to‑day control of the database; or\n (b) otherwise—the person who has day‑to‑day responsibility for the system under which the identifying information is stored.\n (4) For the purposes of this section, identifying information is destroyed if:\n (a) in the case of identifying information that is a personal identifier—it is physically destroyed; and\n (b) in any other case—any means of identifying it with the person to whom it relates is destroyed.\n (5) For the purposes of this section, a database is a discrete body of information stored by electronic means, containing:\n (a) indexes of persons who have provided personal identifiers in accordance with a request under this Division; and\n (b) their identifying information.\n\n## Part 3—Other matters\n\n### Division 1—Bogus documents\n\n#### 45A Prohibition on, and forfeiture of, bogus documents\n\n (1) A person (whether a citizen or non‑citizen) must not give a bogus document to the Minister, a person acting under a delegation or authorisation of the Minister, a tribunal or any other person or body performing a function or purpose under, or in relation to, this Act (the official), or cause such a document to be so given.\n (2) A bogus document given in contravention of subsection (1) is forfeited to the Commonwealth.\n\n#### 45B Seizure of bogus documents\n\n (1) If the Minister reasonably suspects that a document is forfeited under subsection 45A(2), then the Minister may seize the document.\n (2) As soon as practicable after seizing the document, the Minister must give written notice of the seizure to the person who gave the document to the official under subsection 45A(1).\n (3) The notice must:\n (a) identify the document; and\n (b) state that the document has been seized; and\n (c) specify the reason for the seizure; and\n (d) state that the document will be condemned as forfeited unless the person institutes proceedings against the Commonwealth before the end of the period specified in the notice:\n (i) to recover the document; or\n (ii) for a declaration that the document is not forfeited.\n (4) For the purposes of paragraph (3)(d), the period must:\n (a) start on the date of the notice; and\n (b) end 90 days after that date.\n\n#### 45C Document condemned as forfeited\n\n (1) If a document is seized under subsection 45B(1), then:\n (a) the person who gave the document to the official under subsection 45A(1); and\n (b) if that person is not the owner of the document—the owner;\n may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction:\n (c) to recover the document; or\n (d) for a declaration that the document is not forfeited.\n (2) The proceedings:\n (a) may be instituted even if the seizure notice required to be given under subsection 45B(2) in relation to the document has not yet been given; and\n (b) may only be instituted before the end of the period specified in the seizure notice.\n (3) If, before the end of the period specified in the seizure notice, the person or owner does not institute the proceedings, the document is condemned as forfeited to the Commonwealth immediately after the end of that period.\n (4) If, before the end of the period specified in the seizure notice, the person or owner does institute the proceedings, the document is condemned as forfeited to the Commonwealth at the end of the proceedings unless there is:\n (a) an order for the person or owner to recover the document; or\n (b) a declaration that the document is not forfeited.\n (5) For the purposes of subsection (4), if the proceedings go to judgment, they end:\n (a) if no appeal against the judgment is lodged within the period for lodging such an appeal—at the end of that period; or\n (b) if an appeal against the judgment is lodged within that period—when the appeal lapses or is finally determined.\n\n#### 45D Dealing with a document after it is condemned as forfeited\n\n (1) If, under section 45C, a document is condemned as forfeited to the Commonwealth, it must be dealt with or disposed of (including by being given to another person) in accordance with any direction given by the Minister.\n (2) If the Minister considers that the document may be relevant to proceedings in a court or tribunal, then the Minister:\n (a) must give a direction for the safe keeping of the document; and\n (b) must authorise access to the document for the purposes of those proceedings.\n (3) A direction given under this section is not a legislative instrument.\n\n### Division 2—Other\n\n#### 46 Application requirements\n\n (1) An application under a provision of this Act must:\n (a) be on the relevant form approved by the Minister for the purposes of that provision; and\n (b) contain the information required by the form; and\n (c) be accompanied by any other information or documents prescribed by the regulations; and\n (d) be accompanied by the fee (if any) prescribed by the regulations.\n (1AA) However, paragraphs (1)(a) and (b) do not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed by the regulations; and\n (b) contains the information prescribed by the regulations.\n (1A) For applications made under section 21 by persons who, in order to be eligible to become an Australian citizen under subsection 21(2), must have sat a test approved in a determination under section 23A, the fee prescribed by the regulations may include a component that relates to the sitting of that test.\n Approval of forms\n (2) The Minister may, by writing, approve one or more forms for the purposes of a provision of this Act under which an application may be made.\n\n> Note: For example, there are 2 ways to become an Australian citizen by descent under section 16\\. The Minister may approve 1 form for the purposes of that section or may approve 2 different forms.\n\n Children aged under 16\n (2A) An application under a provision of this Act by a child aged under 16 must be set out:\n (a) on a form that contains no other application; or\n (b) on a form that also contains an application by 1 responsible parent of the child.\n (2B) However, subsection (2A) does not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed under paragraph (1AA)(a) of this section; and\n (b) contains the information prescribed under paragraph (1AA)(b) of this section.\n Remission, refund or waiver of fees\n (3) The regulations may make provision for and in relation to the remission, refund or waiver of any fees of a kind referred to in paragraph (1)(d).\n\n#### 47 Notification of decisions\n\n (1) If the Minister makes a decision under this Act in relation to a person, the Minister must give the person notice of the decision.\n Child\n (2) If the person is a child, the Minister satisfies the requirement in subsection (1) if the Minister gives a parent of the child notice of the decision.\n Reasons for adverse decision\n (3) If the decision is an adverse decision, the notice must include the reasons for the decision.\n Form of notice\n (4) The Minister must give the notice in the manner prescribed by the regulations (which includes electronic form).\n Procedural defect does not affect validity of decision\n (5) A failure to comply with subsection (3) or (4) does not affect the validity of the decision.\n\n#### 48 Computerised decision‑making\n\n Computer‑based decisions\n (1) The Minister may, by writing, arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under this Act or the regulations:\n (a) make a decision; or\n (b) exercise any power or comply with any obligation; or\n (c) do anything else related to making a decision or exercising a power or complying with an obligation.\n (2) The Minister is taken to have:\n (a) made a decision; or\n (b) exercised a power or complied with an obligation; or\n (c) done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;\n that was made, exercised, complied with or done by the operation of a computer program under such an arrangement.\n Minister may substitute his or her own decision\n (3) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under such an arrangement if:\n (a) a notice under section 49 relates to the computer program and to the initial decision; and\n (b) the notice states that the computer program was not functioning correctly; and\n (c) the substituted decision could have been made under the same provision of this Act or the regulations as the initial decision; and\n (d) the substituted decision is more favourable to the applicant.\n (4) The Minister does not have a duty to consider whether to exercise the power under subsection (3) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (5) Subsection (3) has effect despite any law of the Commonwealth, or any rule of common law, to the contrary effect.\n Exceptions\n (5A) This section does not apply in relation to anything done under Subdivision C of Division 3 of Part 2 (citizenship cessation).\n Arrangement not a legislative instrument\n (6) An arrangement under subsection (1) is not a legislative instrument.\n\n#### 49 Evidence of whether computer program is functioning correctly\n\n Issue of notices\n (1) In citizenship proceedings, a notice signed by an authorised person stating whether or not a specified computer program was functioning correctly:\n (a) at a specified time or during a specified period; and\n (b) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 48(1);\n is prima facie evidence of the matters stated in the notice.\n Ministerial authorisations\n (2) The Minister may, by writing, authorise a person to issue notices under this section.\n (3) The Minister may, by legislative instrument, authorise a class of persons to issue notices under this section.\n Definitions\n (4) In this section:\n\n> authorised person means:\n\n (a) an APS employee in the Department; or\n (b) a person authorised under subsection (2) to issue notices under this section; or\n (c) any person who is included in a class of persons authorised under subsection (3) to issue notices under this section.\n\n> citizenship proceedings means:\n\n (a) proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or\n (b) proceedings that relate to an application for review under section 52.\n\n> functioning correctly: a computer program is functioning correctly if:\n\n (a) outcomes from its operation comply with this Act and the regulations; and\n (b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.\n\n#### 50 False statements or representations\n\n (1) A person commits an offence if:\n (a) the person makes, or causes or permits to be made, a representation or statement; and\n (b) the person does so knowing that the representation or statement is false or misleading in a material particular; and\n (c) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n (2) A person commits an offence if:\n (a) the person conceals, or causes or permits to be concealed, a material circumstance; and\n (b) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n#### 51 Geographical jurisdiction for offences\n\n Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act.\n\n#### 51A Things seized under Crimes Act search warrant and information about such things\n\n (1) This section applies to the following:\n (a) a thing seized (warrant material) under a search warrant issued under Division 2 of Part 1AA of the Crimes Act 1914;\n (b) information (warrant information) that is about, or obtained from, warrant material.\n (2) A constable or Commonwealth officer who, under subsection 3ZQU(1) of the Crimes Act 1914, may use or make available warrant material, is authorised to make available warrant material or warrant information:\n (a) to a person covered by subsection (4); and\n (b) for a purpose mentioned in subsection (3).\n (3) A person covered by subsection (4) is authorised to receive and use warrant material and warrant information, or make it available to another person covered by subsection (4), for the following purposes:\n (a) making a decision, or assisting in making a decision, to approve or refuse to approve a person becoming an Australian citizen;\n (b) making a decision, or assisting in making a decision, to revoke a person’s Australian citizenship;\n (c) making a decision, or assisting in making a decision, to cancel an approval given to a person under section 24.\n\n> Note: Subsection 3ZQU(4) of the Crimes Act 1914 contemplates that another law of the Commonwealth may require or authorise the use or making available of a document or other thing to persons, or for purposes, in addition to those listed in subsection 3ZQU(1) of that Act.\n\n (4) The following persons are covered by this subsection:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department whose duties include making decisions, or assisting in making decisions, in relation to Australian citizenship.\n\n#### 51B Reports to Parliament\n\n (1) As soon as practicable after a reporting period ends, the Minister must table a report in each House of the Parliament that sets out the number of applications made under section 36D to which both of the following apply:\n (a) the applications were made during the reporting period to which the report relates or during an earlier reporting period;\n (b) the applications relate to persons who, during the reporting period to which the report relates, were convicted and sentenced for one or more serious offences.\n (2) The report must not contain information, or content of a document, if:\n (a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010); or\n (b) the disclosure of the information or content would or might prejudice:\n (i) the security, defence or international relations of Australia; or\n (ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions; or\n (c) the disclosure of the information or content would or might endanger a person’s safety; or\n (d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.\n (3) In this section:\n\n> reporting period means:\n\n (a) the period of 12 months beginning on the day the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 commences; or\n (b) each subsequent 12‑month period.\n\n#### 52 Review of decisions\n\n (1) An application may be made to the Administrative Review Tribunal for review of the following decisions:\n (a) a decision under section 17 to refuse to approve a person becoming an Australian citizen;\n (aa) a decision under section 19D to refuse to approve a person becoming an Australian citizen;\n (b) a decision under section 24 to refuse to approve a person becoming an Australian citizen;\n (c) a decision under section 25 to cancel an approval given to a person under section 24;\n (d) a decision under section 30 to refuse to approve a person becoming an Australian citizen again;\n (e) a decision under section 33 to refuse to approve a person renouncing his or her Australian citizenship, except a refusal because of the operation of subsection 33(5) (about war);\n (f) a decision under section 34 or subsection 36(1) to revoke a person’s Australian citizenship;\n (g) a decision under section 37 to refuse to give a person a notice stating that the person is an Australian citizen at a particular time.\n Citizenship by conferral decision\n (2) However, if:\n (a) the Minister makes a decision under section 24 to refuse to approve a person becoming an Australian citizen; and\n (b) the Minister’s reasons for the decision did not refer to the eligibility ground in subsection 21(8) (about statelessness); and\n (c) the person was aged 18 or over at the time the person made the application to become an Australian citizen;\n a person (the applicant) cannot apply for review of that decision unless the applicant is a permanent resident.\n (3) For the purposes of the Administrative Review Tribunal reviewing a decision of a kind referred to in paragraph (1)(b):\n (a) the Tribunal must not exercise the power under subsection 22A(1A) or 22B(1A); and\n (b) the Tribunal must not review any exercise of the power or any failure to exercise the power.\n\n#### 53 Delegation\n\n (1) The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act or the regulations.\n (2) However, subsection (1) does not apply in relation to the function under subsection 23A(1) (about approval of citizenship test) or the power under section 36D (about application for citizenship cessation order).\n\n#### 54 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":72},{"sectionNumber":"37","sectionType":"section","heading":"Evidence of Australian citizenship","content":"#### 37 Evidence of Australian citizenship\n\n (1) A person may make an application to the Minister for evidence of the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Notice\n (2) The Minister may give the person a notice stating that the person is an Australian citizen at a particular time.\n (3) The notice must:\n (a) be in a form prescribed by the regulations; and\n (b) contain any other matter prescribed by the regulations.\n Identity\n (4) The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n Evidentiary status\n (5) A notice is prima facie evidence of the matters in the notice.\n Cancellation\n (6) The Minister may, by writing, cancel a notice given to a person under this section.","sortOrder":73},{"sectionNumber":"38","sectionType":"section","heading":"Surrender of physical evidentiary notice","content":"#### 38 Surrender of physical evidentiary notice\n\n Request for surrender\n (1) If:\n (a) the Minister makes a decision under section 34 or 34A to revoke a person’s Australian citizenship; and\n (b) at the time of the revocation, there is in force a notice under section 37 in relation to the person; and\n (c) the notice was given to the person in a physical form;\n the Minister may request the person to surrender the notice to the Minister.\n (2) If the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37 and the notice was given to the person in a physical form, the Minister may request the person to surrender the notice to the Minister.\n Form of request\n (3) A request given to a person under subsection (1) or (2) must:\n (a) be made in writing; and\n (b) specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and\n (c) specify how the person is to surrender the notice to the Minister; and\n (d) contain a statement to the effect that a failure to comply with the request is an offence.\n Offence\n (4) A person commits an offence if:\n (a) the person is given a request that is in accordance with this section; and\n (b) the person fails to comply with the request.\n\nPenalty for contravention of this subsection: 10 penalty units.","sortOrder":74},{"sectionNumber":"39","sectionType":"section","heading":"Altering evidentiary notice","content":"#### 39 Altering evidentiary notice\n\n A person commits an offence if:\n (a) the person alters, or causes or permits to be altered, a notice; and\n (b) the notice was given to a person under section 37.\n\nPenalty: Imprisonment for 12 months.","sortOrder":75},{"sectionNumber":"Division 5","sectionType":"division","heading":"Personal identifiers","content":"An Act relating to Australian citizenship\n\nPreamble\n\n The Parliament recognises that 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.\n The Parliament recognises that persons conferred Australian citizenship enjoy these rights and undertake to accept these obligations:\n (a) by pledging loyalty to Australia and its people; and\n (b) by sharing their democratic beliefs; and\n (c) by respecting their rights and liberties; and\n (d) by upholding and obeying the laws of Australia.\n\nThe Parliament of Australia enacts:\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Citizenship Act 2007.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

15 March 2007

2. Sections 2A to 54

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01653)

3. Schedule 1

At the same time as the provisions covered by table item 2.

1 July 2007

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 2A Simplified outline\n\n The following is a simplified outline of this Act:\n\nWhat this Act covers\n\nThis Act sets out how you become an Australian citizen, the circumstances in which you may cease to be a citizen and some other matters related to citizenship.\n\nBecoming an Australian citizen\n\nThere are a range of ways you can become an Australian citizen.\n\nAcquiring citizenship automatically\n\nGenerally, you become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born.\n\nThere are some other, less common, ways of automatically becoming a citizen.\n\nDivision 1 of Part 2 has details about acquiring citizenship automatically.\n\nAlso, if you were a citizen under the old Act immediately before the day that this section commences, you will continue to be a citizen: see subsection 4(1).\n\nAcquiring citizenship by application\n\nThe other way to become an Australian citizen is to apply to the Minister. This is covered by Division 2 of Part 2\\. There are 4 situations in which you can apply for citizenship.\n\nThe first is citizenship by descent. Generally, you would apply for this if you were born outside Australia and one or both of your parents were Australian citizens when you were born. Citizenship by descent is covered by Subdivision A.\n\nThe second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA.\n\nThe third is citizenship by conferral. Generally, you would need to be a permanent resident and willing to make a pledge of commitment to apply for citizenship by conferral. You may need to successfully complete a citizenship test. There are some less common circumstances in which you can apply for citizenship by conferral. Citizenship by conferral is covered by Subdivision B.\n\nThe fourth is resuming citizenship. In certain cases where you previously ceased to be an Australian citizen, you can apply for your citizenship to resume. Resuming citizenship is covered by Subdivision C.\n\nThe Minister must be satisfied of your identity for you to acquire citizenship by application. Rules about identification are in Division 5 of Part 2.\n\nThe Minister may be required to refuse your application on national security grounds.\n\nCeasing to be an Australian citizen\n\nThere are a number of ways that you can cease to be an Australian citizen.\n\nYou can renounce your citizenship.\n\nIf you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances.\n\nThere are some other, less common, ways of ceasing to be a citizen.\n\nDivision 3 of Part 2 has details about ceasing to be a citizen.\n\nEvidence that a person is an Australian citizen\n\nYou can apply to the Minister for evidence of your Australian citizenship. This is covered by Division 4 of Part 2.\n\n#### 3 Definitions\n\n In this Act:\n\n> adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> artificial conception procedure includes:\n\n (a) artificial insemination; and\n (b) the implantation of an embryo in the body of a woman.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian citizen has the meaning given by section 4.\n\n> Australian law means a law of the Commonwealth, a State or a Territory.\n\n> bogus document has the same meaning as in subsection 5(1) of the Migration Act 1958.\n\n> child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:\n\n (a) an adopted child, stepchild or exnuptial child of the person;\n (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n\n> citizenship law means:\n\n (a) this Act; and\n (b) the regulations; and\n (c) any legislative instrument made under this Act or the regulations.\n\n> commencement day means the day on which sections 2A to 54 (as originally enacted) commence.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> disclose, in relation to identifying information that is a personal identifier provided under Division 5 of Part 2, includes provide unauthorised access to the personal identifier.\n\n> Note: Section 42 deals with authorised access to identifying information.\n\n> entrusted person means:\n\n (a) the Secretary of the Department; or\n (b) an APS employee in the Department; or\n (c) a person engaged under section 74 of the Public Service Act 1999 by the Secretary of the Department; or\n (d) a person engaged by the Commonwealth, the Minister, the Secretary of the Department, or by an APS employee in the Department, to do work for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act.\n\n> Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> foreign law means a law of a foreign country.\n\n> identifying information means the following:\n\n (a) any personal identifier provided under Division 5 of Part 2;\n (b) any meaningful identifier derived from any such personal identifier;\n (c) any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier;\n (d) any other information derived from:\n (i) any such personal identifier; or\n (ii) any meaningful identifier derived from any such personal identifier; or\n (iii) any record of a kind referred to in paragraph (c);\n that could be used to discover a particular person’s identity or to get information about a particular person.\n\n> national security offence means:\n\n (b) an offence against Division 72 of the Criminal Code; or\n (c) an offence against Part 5.1 of the Criminal Code (treason and related offences) other than section 83.4 (interference with political rights and duties); or\n (ca) an offence against Division 91 of the Criminal Code (espionage); or\n (cb) an offence against Part 5.3 or 5.3A (terrorism), or 5.3B (prohibited hate groups), of the Criminal Code; or\n (d) an offence against the Australian Security Intelligence Organisation Act 1979; or\n (e) an offence against the Intelligence Services Act 2001; or\n (f) an offence covered by a determination in force under section 6A.\n\n> New Guinea:\n\n (a) has the same meaning as the Territory of New Guinea had in the Papua New Guinea Act 1949 immediately before 16 September 1975; and\n (b) in relation to any time before 4 June 1969—includes a reference to the Island of Nauru.\n\n> old Act means the Australian Citizenship Act 1948 as in force at any time before the commencement day.\n\n> ordinarily resident: a person is taken to be ordinarily resident in a country if and only if:\n\n (a) he or she has his or her home in that country; or\n (b) that country is the country of his or her permanent abode even if he or she is temporarily absent from that country.\n However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.\n\n> Papua has the same meaning as the Territory of Papua had in the Papua New Guinea Act 1949 immediately before 16 September 1975.\n\n> permanent resident has the meaning given by section 5.\n\n> permanent visa has the same meaning as in the Migration Act 1958.\n\n> personal identifier has the meaning given by section 10.\n\n> prison includes any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon the person because of that conviction.\n\n> psychiatric institution includes a psychiatric section of a hospital.\n\n> qualified security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> responsible parent has the meaning given by section 6.\n\n> serious offence has the meaning given by subsection 36C(3).\n\n> serious prison sentence means a sentence of imprisonment for a period of at least 12 months.\n\n> serious repeat offender: a person is a serious repeat offender in relation to a serious prison sentence if the sentence was imposed on the person for an offence committed by the person at a time after the person ceased to be confined in prison because of the imposition of another serious prison sentence.\n\n> special category visa has the same meaning as in the Migration Act 1958.\n\n> special purpose visa has the same meaning as in the Migration Act 1958.\n\n> Stateless Persons Convention means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954 \\[1974\\] ATS 20.\n\n> Note: The text of the Convention is set out in Australian Treaty Series 1974 No. 20\\. In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person’s stepchild except that the person is not legally married to the person’s de facto partner.\n\n> unlawful non‑citizen has the same meaning as in the Migration Act 1958.\n\n> visa has the same meaning as in the Migration Act 1958.\n\n#### 4 Australian citizen\n\n (1) For the purposes of this Act, Australian citizen means a person who:\n (a) is an Australian citizen under Division 1 or 2 of Part 2; or\n (b) satisfies both of the following:\n (i) the person was an Australian citizen under the Australian Citizenship Act 1948 immediately before the commencement day;\n (ii) the person has not ceased to be an Australian citizen under this Act.\n Citizenship under the old Act\n (2) If, under this Act, it is necessary to work out if a person was an Australian citizen at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 5 Permanent resident\n\n (1) For the purposes of this Act, a person is a permanent resident at a particular time if and only if:\n (a) the person is present in Australia at that time and holds a permanent visa at that time; or\n (b) both:\n (i) the person is not present in Australia at that time and holds a permanent visa at that time; and\n (ii) the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia; or\n (c) the person is covered by a determination in force under subsection (2) at that time.\n (2) The Minister may, by legislative instrument, determine that:\n (a) persons who hold a special category visa or a special purpose visa; or\n (b) persons who have held a special category visa; or\n (c) persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands;\n and who satisfy specified requirements are, or are during a specified period, persons to whom this subsection applies.\n Permanent resident under the old Act\n (3) If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 6 Responsible parent\n\n (1) For the purposes of this Act, a person is a responsible parent in relation to a child if and only if:\n (a) the person is a parent of the child except where, because of orders made under the Family Law Act 1975, the person no longer has any parental responsibility for the child; or\n (b) under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or\n (c) under a parenting order the person has parental responsibility for the child’s long‑term or day‑to‑day care, welfare and development (whether or not the person is a parent of the child); or\n (d) the person (whether or not a parent of the child) has guardianship or custody of the child, jointly or otherwise, under an Australian law or a foreign law, whether because of adoption, operation of law, an order of a court or otherwise.\n (1A) In paragraph (1)(a):\n\n> parental responsibility has the same meaning as in Part VII of the Family Law Act 1975.\n\n (2) Expressions used in paragraphs (1)(b) and (c) have the same meaning as in the Family Law Act 1975.\n\n#### 6A National security offences\n\n (1) The Minister may, by legislative instrument, determine that:\n (a) an offence against a specified provision of a specified Australian law or a specified foreign law; or\n (b) an offence against an Australian law or a foreign law involving specified conduct;\n is a national security offence for the purposes of paragraph (f) of the definition of national security offence in section 3.\n (2) A determination under subsection (1) applies in relation to:\n (a) applications made under this Act after the determination takes effect; and\n (b) applications made under this Act before the determination takes effect that have not been decided before the determination takes effect.\n\n#### 7 Children born on ships or aircraft or after death of parent\n\n Persons born on ships or aircraft\n (1) For the purposes of this Act:\n (a) a person born on a ship or aircraft registered in Australia or a foreign country is taken to have been born at the place at which the ship or aircraft is registered; and\n (b) a person born on a ship or aircraft not registered in Australia or a foreign country and belonging to the government of a country is taken to have been born in that country.\n Persons born after death of parent\n (2) For the purposes of this Act, the status of a parent of a person at the time of the person’s birth is, for a parent who died before the birth, taken to be the status of the parent when the parent died.\n\n#### 8 Children born as a result of artificial conception procedures or surrogacy arrangements\n\n (1) This section applies if a child is:\n (a) a child of a person under section 60H or 60HB of the Family Law Act 1975; and\n (b) either:\n (i) a child of the person’s spouse or de facto partner under that section; or\n (ii) a biological child of the person’s spouse or de facto partner.\n (2) The child is taken for the purposes of this Act:\n (a) to be the child of the person and the spouse or de facto partner; and\n (b) not to be the child of anyone else.\n\n#### 9 Confinement in prison or psychiatric institution\n\n Confinement in prison\n (1) For the purposes of this Act, the period during which a person is confined to a prison includes a period:\n (a) during which the person is an escapee from the prison; or\n (b) during which the person is undergoing a sentence of periodic detention in the prison.\n (2) For the purposes of this Act, the period during which a person is confined to a prison does not include a period during which the person has been so confined by reason only of the person serving a sentence relating to a conviction that is later quashed.\n Confinement in psychiatric institution\n (3) For the purposes of this Act, the period during which a person is confined in a psychiatric institution by order of a court includes a period during which the person is an escapee from the institution.\n\n#### 10 Personal identifiers\n\n (1) For the purposes of this Act, a personal identifier is any of the following (including any of the following in digital form):\n (a) fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies);\n (b) a measurement of a person’s height and weight;\n (c) a photograph or other image of a person’s face;\n\nNote: See section 10A.\n\n (d) an iris scan;\n (e) a person’s signature;\n (f) any other identifier prescribed by the regulations (except an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914).\n (2) Before the Governor‑General makes regulations for the purposes of paragraph (1)(f) prescribing an identifier, the Minister must be satisfied that:\n (a) obtaining the identifier would not involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914; and\n (b) the identifier is an image of, or a measurement or recording of, an external part of the body; and\n (c) obtaining the identifier is necessary for either or both of the following purposes:\n (i) assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2 or seeking to sit a test approved in a determination under section 23A;\n (ii) combating document and identity fraud in citizenship matters;\n\n#### 10A References to photograph or other image of person’s face\n\n A reference in the citizenship law to a photograph or other image of a person’s face includes a reference to a photograph or other image of:\n (a) the person’s face and all or part of the person’s neck; or\n (b) the person’s face and neck and all or part of the person’s shoulders.\n\n#### 10B Providing photographs and other images of faces to the Minister or authorised persons\n\n (1) This section applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to the Minister; and\n (b) for the purposes of that requirement:\n (i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (2) This section also applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to a person mentioned in paragraph 40(1)(d) or (e); and\n (b) for the purposes of that requirement:\n (i) the person provides to a person mentioned in paragraph 40(1)(d) or (e) (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (3) For the purposes of the citizenship law, the person is taken to provide the derived image to the recipient for the purposes of the requirement mentioned in paragraph (1)(a) or (2)(a) of this section.\n\n#### 11 Operation of Act\n\n External Territories\n (1) This Act extends to the external Territories.\n Application outside Australia\n (2) This Act extends unless the contrary intention appears:\n (a) to acts, omissions, matters and things outside Australia; and\n (b) to all persons, irrespective of their nationality or citizenship.\n State and Territory laws\n (3) It is the intention of the Parliament that this Act apply to the exclusion of any provisions of a law of a State or Territory that provide for Australian citizenship (whether the law was made before or after the commencement day).\n\n## Part 2—Australian citizenship\n\n### Division 1—Automatic acquisition of Australian citizenship\n\n#### 11A Simplified outline\n\n The following is a simplified outline of this Division:\n\nThe most common way you become an Australian citizen under this Division is by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of your birth.\n\nThere are some other, less common, ways of becoming an Australian citizen under this Division. These cover:\n\n• citizenship by being born in Australia and by being ordinarily resident in Australia for the next 10 years: see section 12; and\n\n• citizenship by adoption: see section 13; and\n\n• citizenship for abandoned children: see section 14; and\n\n• citizenship by incorporation of territory: see section 15.\n\n#### 12 Citizenship by birth\n\n (1) A person born in Australia is an Australian citizen if and only if:\n (a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or\n (b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.\n Enemy occupation\n (2) However, a person is not an Australian citizen under this section if, at the time the person is born:\n (a) a parent of the person is an enemy alien; and\n (b) the place of the birth is under occupation by the enemy;\n unless, at that time, the other parent of the person:\n (c) is an Australian citizen or a permanent resident; and\n (d) is not an enemy alien.\n\n#### 13 Citizenship by adoption\n\n A person is an Australian citizen if the person is:\n (a) adopted under a law in force in a State or Territory; and\n (b) adopted by a person who is an Australian citizen at the time of the adoption or by 2 persons jointly at least one of whom is an Australian citizen at that time; and\n (c) present in Australia as a permanent resident at that time.\n\n#### 14 Citizenship for abandoned children\n\n A person is an Australian citizen if the person is found abandoned in Australia as a child, unless and until the contrary is proved.\n\n#### 15 Citizenship by incorporation of Territory\n\n (1) A person is an Australian citizen if:\n (a) any territory becomes a part of Australia; and\n (b) the person is included in a class of persons specified in a determination under this section.\n Determination\n (2) The Minister may, by legislative instrument, determine that specified classes of persons are Australian citizens from a specified day because of their connection with that territory.\n Day citizenship begins\n (3) The person becomes an Australian citizen on that day.\n Retrospective application of instruments\n (4) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the instrument.\n\n### Division 2—Acquisition of Australian citizenship by application\n\n#### Subdivision A—Citizenship by descent\n\n#### 15A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 2 situations:\n\n• you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth: see subsection 16(2); or\n\n• you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949: see subsection 16(3).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 17(3); or\n\n• national security: see subsections 17(4) to (4B); or\n\n• cessation of citizenship: see subsection 17(5).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\nYou 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.\n\n#### 16 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Persons born outside Australia on or after 26 January 1949\n (2) A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person was an Australian citizen at the time of the birth; and\n (b) if the parent was an Australian citizen under this Subdivision or Subdivision AA, or section 10B, 10C or 11 of the old Act (about citizenship by descent), at the time of the birth:\n (i) the parent has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the person made the application; or\n (ii) the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n Persons born outside Australia or New Guinea before 26 January 1949\n (3) A person born outside Australia or New Guinea before 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person became an Australian citizen on 26 January 1949; and\n (b) the parent was born in Australia or New Guinea or was naturalised in Australia before the person’s birth; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 17 Minister’s decision\n\n (1) If a person makes an application under section 16, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n (2) Subject to this section, the Minister must approve the person becoming an Australian citizen if the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 16, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) at the time of the person’s birth, the person had a parent who was an Australian citizen.\n Cessation of citizenship\n (5) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 18 Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19 Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### 19A When a person does not become a citizen despite the Minister’s approval\n\n Despite section 19, a person does not become an Australian citizen under this Subdivision, even if the Minister approves the person becoming an Australian citizen, unless:\n (a) if the person was born on or after 26 January 1949—a parent of the person was an Australian citizen at the time of the person’s birth; or\n (b) if the person was born before 26 January 1949—a parent of the person became an Australian citizen on 26 January 1949.\n\n#### Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n\n#### 19B Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia by at least one Australian citizen in accordance with:\n\n(a) the Hague Convention on Intercountry Adoption; or\n\n(b) a bilateral arrangement.\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 19D(4); or\n\n• national security: see subsections 19D(5) to (7A); or\n\n• cessation of citizenship: see subsection 19D(8).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\n#### 19C Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Eligibility\n (2) A person (the applicant) is eligible to become an Australian citizen if:\n (a) the applicant is adopted in a Convention country or a prescribed overseas jurisdiction by:\n (i) a person (the adopter) who is an Australian citizen at time of the adoption; or\n (ii) 2 persons jointly, only one of whom (the adopter) is an Australian citizen at the time of the adoption; or\n (iii) 2 persons jointly, both of whom (the adopters) are Australian citizens at the time of the adoption; and\n (b) an adoption compliance certificate issued in that country is in force for the adoption; and\n (c) under the Intercountry Adoption regulations or the Bilateral Arrangements regulations, as applicable, the adoption is recognised and effective for the laws of the Commonwealth and each State and Territory; and\n (d) the legal relationship between the applicant and the individuals who were, immediately before the adoption, the applicant’s parents has been terminated; and\n (e) if subparagraph (a)(i) or (ii) applies and the adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—the adopter satisfies subsection (3); and\n (f) if subparagraph (a)(iii) applies and each adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—either or both of the adopters satisfy subsection (3); and\n (g) if the applicant is aged 18 or over at the time the applicant made the application—the Minister is satisfied that the applicant is of good character at the time of the Minister’s decision on the application.\n (3) An adopter satisfies this subsection if the adopter has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the applicant made the application.\n Definitions\n (4) In this section:\n\n> adoption compliance certificate:\n\n (a) for an adoption in accordance with the Hague Convention on Intercountry Adoption—has the same meaning as in the Intercountry Adoption regulations; and\n (b) for an adoption in accordance with a bilateral arrangement—has the same meaning as in the Bilateral Arrangements regulations.\n\n> Bilateral Arrangements regulations means prescribed regulations made under the Family Law Act 1975.\n\n> Convention country has the same meaning as in the Intercountry Adoption regulations.\n\n> Intercountry Adoption regulations means prescribed regulations made under the Family Law Act 1975.\n\n> prescribed overseas jurisdiction has the same meaning as in the Bilateral Arrangements regulations.\n\n#### 19D Minister’s decision\n\n (1) If a person makes an application under section 19C, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (2) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 19C(2).\n (3) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 19C(2).\n Identity\n (4) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (5) If the person is not covered by subsection (7), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (6) If the person is covered by subsection (7), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (7)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7A), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (7)(b)(ii) applies to the person—has been convicted of a national security offence.\n (7) A person is covered by this subsection if:\n (a) at the time the person made the application under section 19C, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7A) The Minister may decide that subparagraph (6)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n Cessation of citizenship\n (8) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 19E Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19F Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### Subdivision B—Citizenship by conferral\n\n#### 19G Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 7 situations:\n\n• you satisfy the general eligibility criteria and have successfully completed a citizenship test: see subsections 21(2) and (2A); or\n\n• you have a permanent or enduring physical or mental incapacity: see subsection 21(3); or\n\n• you are aged 60 or over or have a hearing, speech or sight impairment: see subsection 21(4); or\n\n• you are aged under 18: see subsection 21(5); or\n\n• you were born to a former Australian citizen: see subsection 21(6); or\n\n• you were born in Papua: see subsection 21(7); or\n\n• you are a stateless person: see subsection 21(8).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 24(3); or\n\n• national security: see subsections 24(4) to (4C); or\n\n• non‑presence in Australia: see subsection 24(5); or\n\n• offences: see subsection 24(6); or\n\n• cessation of citizenship: see subsection 24(7).\n\nYou may need to make a pledge of commitment to become an Australian citizen.\n\n#### 20 Requirements for becoming a citizen\n\n A person becomes an Australian citizen under this Subdivision if:\n (a) the Minister decides under subsection 24(1) to approve the person becoming an Australian citizen; and\n (b) if the person is required to make a pledge of commitment to become an Australian citizen—the person makes that pledge.\n\n> Note: Sections 21 to 25 deal with the Minister approving the person becoming an Australian citizen. Sections 26 and 27 deal with the making of a pledge of commitment.\n\n#### 21 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note 1: Subsections (2) to (8) deal with eligibility.\n\n> Note 2: Section 46 sets out application requirements (which may include the payment of a fee).\n\n General eligibility\n (2) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) understands the nature of an application under subsection (1); and\n (e) possesses a basic knowledge of the English language; and\n (f) has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship; and\n (g) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (h) is of good character at the time of the Minister’s decision on the application.\n (2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if the Minister is satisfied that the following apply:\n (a) the person has sat a test approved in a determination under section 23A;\n (b) the person was eligible to sit that test (worked out in accordance with that determination);\n (c) the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination;\n (d) the person successfully completed that test (worked out in accordance with that determination) within the relevant test period.\n Permanent or enduring physical or mental incapacity\n (3) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) has a permanent or enduring physical or mental incapacity, at the time the person made the application, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged 60 or over or has hearing, speech or sight impairment\n (4) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is:\n (i) aged 60 or over at the time the person made the application; or\n (ii) aged 18 or over at the time the person made the application and is suffering from a permanent loss or substantial impairment of hearing, speech or sight at that time; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) understands the nature of the application at the time the person made the application; and\n (d) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged under 18\n (5) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged under 18 at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application.\n Person born to former Australian citizen\n (6) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born outside Australia; and\n (b) a parent of the person was not an Australian citizen at the time of the person’s birth; and\n (c) the parent had ceased to be an Australian citizen under section 17 of the old Act (about dual citizenship) before that time; and\n (d) if the person is aged 18 or over at the time the person made the application—the person is of good character at the time of the Minister’s decision on the application.\n Person born in Papua\n (7) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Papua before 16 September 1975; and\n (b) a parent of the person was born in Australia (within the meaning of this Act at the time the person made the application); and\n (c) the parent was an Australian citizen at the time of the person’s birth; and\n (d) the person is of good character at the time of the Minister’s decision on the application.\n Statelessness\n (8) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Australia; and\n (b) the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (c) the person has:\n (i) never been a national of any country; and\n (ii) never been a citizen of any country; and\n (d) the person:\n (i) is not entitled to acquire the nationality of a foreign country; and\n (ii) is not entitled to acquire the citizenship of a foreign country.\n\n#### 22 General residence requirement\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:\n (a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and\n (b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and\n (c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.\n Overseas absences\n (1A) If:\n (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 12 months;\n then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.\n (1B) If:\n (a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 90 days; and\n (c) the person was a permanent resident during each period of absence;\n then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.\n Confinement in prison or psychiatric institution\n (1C) Subject to subsection (5A), the person is taken not to satisfy paragraph (1)(a) if, at any time during the 4 year period mentioned in that paragraph, the person was:\n (a) confined in a prison; or\n (b) 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.\n Partial exemption—person born in Australia or former Australian citizen\n (2) Paragraphs (1)(a) and (b) do not apply if the person:\n (a) was born in Australia; or\n (b) was an Australian citizen at any time before the person made the application.\n Ministerial discretion—administrative error\n (4A) For the purposes of paragraph (1)(b), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n (5) 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 the Minister considers the person was present in Australia during that period but, because of an administrative error, was not a permanent resident during that period.\n Ministerial discretion—confinement in prison or psychiatric institution\n (5A) The Minister may decide that subsection (1C) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—person in Australia would suffer significant hardship or disadvantage\n (6) 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:\n (a) the person was present in Australia during that period (except as a permanent resident or an unlawful non‑citizen); and\n (b) the Minister is satisfied that the person will suffer significant hardship or disadvantage if that period were not treated as one during which the person was present in Australia as a permanent resident.\n Ministerial discretion—spouse, de facto partner or surviving spouse or de facto partner of Australian citizen\n (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, the Minister may treat a period as one in which the person was present in Australia as a permanent resident if:\n (a) the person was a spouse or de facto partner of that Australian citizen during that period; and\n (b) the person was not present in Australia during that period; and\n (c) the person was a permanent resident during that period; and\n (d) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n (10) In subsection (9):\n\n> 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.\n\n Ministerial discretion—person in an interdependent relationship\n (11) If, at the time the person made the application, the person:\n (a) holds a permanent visa granted to the person because the person was in an interdependent relationship with an Australian citizen; and\n (b) is in that interdependent relationship;\n then, 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:\n (c) the person held that visa during that period and the person was in that interdependent relationship during that period; and\n (d) the person was not present in Australia during that period; and\n (e) the person was a permanent resident during that period; and\n (f) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n\n#### 22A Special residence requirement—persons engaging in activities that are of benefit to Australia\n\n (1) Subject to this section, for the purposes of section 21 a person (the applicant) satisfies the special residence requirement if:\n (a) the following apply:\n (i) the applicant is seeking to engage in an activity specified under subsection 22C(1);\n (ii) the applicant’s engagement in that activity would be of benefit to Australia;\n (iii) the applicant needs to be an Australian citizen in order to engage in that activity;\n (iv) in order for the applicant to engage in that activity, there is insufficient time for the applicant to satisfy the general residence requirement (see section 22); and\n (b) the head of an organisation specified under subsection 22C(2), or a person whom the Minister is satisfied holds a senior position in that organisation, has given the Minister a notice in writing stating that the applicant has a reasonable prospect of being engaged in that activity; and\n (c) the applicant was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the applicant made the application; and\n (d) the applicant was present in Australia for a total of at least 90 days during the period of 12 months immediately before the day the applicant made the application; and\n (e) the applicant was ordinarily resident in Australia throughout the period of 2 years immediately before the day the applicant made the application; and\n (f) the applicant was a permanent resident for the period of 2 years immediately before the day the applicant made the application; and\n (g) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 2 years immediately before the day the applicant made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the applicant if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the applicant; and\n (b) the Minister is satisfied that the applicant satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (c) the applicant was a permanent resident throughout the period of 90 days immediately before the day the applicant made the application; and\n (d) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the applicant made the application; and\n (e) the applicant has given the Minister an undertaking in a form approved by the Minister under subsection (8); and\n (f) the applicant has declared, in the undertaking, that:\n (i) if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection, the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and\n (ii) the applicant understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the applicant, then, for the purposes of section 21, the applicant is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the applicant is taken not to satisfy paragraph (1)(c) if, at any time during the 2 year period mentioned in that paragraph, the applicant was:\n (a) confined in a prison; or\n (b) 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 applicant.\n (3) The Minister may decide that subsection (2) does not apply in relation to the applicant if, taking into account the circumstances that resulted in the applicant’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the applicant.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(c), the Minister may treat a period as one in which the applicant was a permanent resident if the Minister considers that, because of an administrative error, the applicant was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(d), the Minister may treat a period as one in which the applicant was not present in Australia as an unlawful non‑citizen if the Minister considers the applicant was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(e).\n (9) If the applicant becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the applicant becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the activity covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that activity would be of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the applicant.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22B Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the special residence requirement if:\n (a) at the time the person made the application, the person is engaged in work of a kind specified under subsection 22C(3) and the person is required to regularly travel outside Australia because of that work; and\n (b) the following apply:\n (i) the person was engaged in that kind of work for a total of at least 2 years during the period of 4 years immediately before the day the person made the application;\n (ii) for the whole or part of that 4 year period when the person was engaged in that kind of work, the person regularly travelled outside Australia because of that work; and\n (c) the person was present in Australia for a total of at least 480 days during the period of 4 years immediately before the day the person made the application; and\n (d) the person was present in Australia for a total of at least 120 days during the period of 12 months immediately before the day the person made the application; and\n (e) the person was ordinarily resident in Australia throughout the period of 4 years immediately before the day the person made the application; and\n (f) the person was a permanent resident for the period of 12 months immediately before the day the person made the application; and\n (g) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 4 years immediately before the day the person made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the person if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the person; and\n (b) the Minister is satisfied that the person’s engagement in the kind of work concerned is of benefit to Australia; and\n (c) the Minister is satisfied that the person satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (d) the person was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the person made the application; and\n (e) the person was a permanent resident throughout the period of 90 days immediately before the day the person made the application; and\n (f) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the person made the application; and\n (g) the person has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the person becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection:\n (i) the person will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the person becomes an Australian citizen; and\n (ii) the person will be present in Australia for a total of at least 180 days during that 2‑year period; and\n (h) the person has declared, in the undertaking, that the person understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the person, then, for the purposes of section 21, the person is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the person is taken not to satisfy:\n (a) paragraph (1)(c) if, at any time during the 4‑year period mentioned in that paragraph; or\n (b) paragraph (1A)(d) if, at any time during the 2‑year period mentioned in that paragraph;\n the person was:\n (c) confined in a prison; or\n (d) 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.\n (3) The Minister may decide that subsection (2) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(e), the Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(f), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the person or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(g).\n (9) If the person becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the person becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the kind of work covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that kind of work is of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the person.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22C Special residence requirement—legislative instruments\n\n (1) The Minister may, by legislative instrument, specify activities for the purposes of subparagraph 22A(1)(a)(i).\n (2) The Minister may, by legislative instrument, specify organisations for the purposes of paragraph 22A(1)(b).\n (3) The Minister may, by legislative instrument, specify kinds of work for the purposes of paragraph 22B(1)(a).\n\n#### 23 Defence service requirement\n\n Person who has completed relevant defence service\n (1) For the purposes of section 21, a person satisfies the defence service requirement if the person has completed relevant defence service.\n Member of family unit of person who has completed relevant defence service etc.\n (2) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person has completed relevant defence service; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) the relative holds a visa of that kind because the relative is a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n (3) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person dies while undertaking service in the Permanent Forces or the Reserves; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) immediately before the death of the defence person, the relative held a visa of that kind because the relative was a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n Definitions\n (4) In this section:\n\n> member of the family unit of a person has the same meaning as in the Migration Act 1958.\n\n> Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.\n\n> relevant defence service: a person has completed relevant defence service if:\n\n (a) the person has undertaken a total of at least 90 days service in one or more of the Permanent Forces (whether or not that service was continuous); or\n (b) the person has undertaken a total of at least 90 days service on which he or she was required for, and attended and was entitled to be paid for, duty in one or more of the Reserves (whether or not that service was continuous); or\n (c) the person:\n (i) was discharged from service undertaken in one of the Permanent Forces or the Reserves as medically unfit for that service; and\n (ii) became so unfit because of service undertaken in any of the Permanent Forces or the Reserves.\n\n> Reserves means the Naval Reserve, the Army Reserve or the Air Force Reserve.\n\n> service: a person undertakes service in the Permanent Forces or the Reserves only if the person is appointed, enlisted or transferred into any of the Permanent Forces or the Reserves.\n\n> Note: For appointment, enlistment or transfer into any of the Permanent Forces or the Reserves, see the Defence Act 1903.\n\n#### 23A Citizenship test\n\n (1) The Minister must, by written determination, approve a test for the purposes of subsection 21(2A) (about general eligibility for citizenship).\n\n> Note: The test must be related to the eligibility criteria referred to in paragraphs 21(2)(d), (e) and (f).\n\n Successful completion of the test\n (2) A determination under subsection (1) must specify what amounts to successful completion of the test.\n Eligibility criteria for sitting the test\n (3) A determination under subsection (1) may set out the eligibility criteria a person must satisfy to be able to sit the test.\n\n> Note: The eligibility criteria for sitting the test cannot be inconsistent with this Act and in particular subsection 21(2) (about the general eligibility criteria for becoming an Australian citizen).\n\n (4) For the purposes of subsection (3), the determination may provide that a person is not eligible to sit the test unless the person is a permanent resident and the Minister is satisfied of the identity of the person.\n (5) Subsection (4) does not limit subsection (3).\n Period for sitting and completing the test\n (5A) A determination under subsection (1) may provide for the period within which a person must start the test and for the period within which a person must complete the test.\n Other matters\n (6) A determination under subsection (1) may cover any other matter related to the test the Minister thinks appropriate.\n Determination not a legislative instrument\n (7) A determination made under subsection (1) is not a legislative instrument.\n\n#### 24 Minister’s decision\n\n (1) If a person makes an application under section 21, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n\n> Note: The Minister may cancel an approval: see section 25.\n\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6), (7) or (8).\n (2) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6) or (7).\n (2A) If the Minister exercised the power under subsection 22A(1A) or 22B(1A) in relation to the person, the decision under subsection (1) of this section must be made by the Minister personally.\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (4B)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (4C), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (4B)(b)(ii) applies to the person—has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 21, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (4C) The Minister may decide that subparagraph (4A)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n (4D) To avoid doubt, subsection (4A) applies to a person who is eligible to become an Australian citizen under subsection 21(8).\n Person not present in Australia\n (5) If:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (aa) the Minister is satisfied that the person did not satisfy the special residence requirement referred to in section 22A or 22B; and\n (b) the Minister did not apply subsection 22(9) in relation to the person; and\n (c) the Minister did not apply subsection 22(11) in relation to the person;\n the Minister must not approve the person becoming an Australian citizen at a time when the person is not present in Australia.\n Offences\n (6) The Minister must not approve the person becoming an Australian citizen at a time:\n (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\n (b) when the person is confined to a prison in Australia; or\n (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\n (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\n (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\n (f) if the person:\n (i) has been released by a court from serving the whole or a part of a sentence of imprisonment; and\n (ii) has been so released because the person gave a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (g) if, in respect of proceedings for an offence against an Australian law in relation to the person:\n (i) a court does not impose a sentence of imprisonment on the person; and\n (ii) the court releases the person because the person gives a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (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.\n Cessation of citizenship\n (7) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n Statelessness\n (8) However, subsections (6) and (7) do not apply to a person covered by subsection 21(8) (about statelessness).\n\n#### 25 Minister may cancel approval\n\n (1) The Minister may, by writing, cancel an approval given to a person under section 24 if:\n (a) the person has not become an Australian citizen under section 28; and\n (b) either of the following 2 situations apply.\n Eligibility criteria not met\n (2) The first situation applies if:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (b) the Minister is satisfied that, at the time the Minister proposes to cancel the approval, the person is:\n (i) not a permanent resident; or\n (ii) not likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia; or\n (iii) not of good character.\n Failure to make pledge of commitment\n (3) The second situation applies if:\n (a) the person has failed to make a pledge of commitment within 12 months after the day on which the person received notice of the approval; and\n (b) the person’s reason for the failure is not one that is prescribed by the regulations for the purposes of this subsection.\n Cancellation of child’s approval\n (4) If:\n (a) a child aged under 16 makes an application under section 21 at a particular time; and\n (b) 1 or more responsible parents of the child make applications under section 21 at that time; and\n (c) the Minister decides under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens; and\n (d) the Minister cancels the approval given to each responsible parent;\n the Minister must, by writing, cancel the approval given to the child.\n Effect of cancellation\n (5) If the Minister cancels an approval given to a person, the approval is taken never to have been given.\n\n> Note: A person cannot become an Australian citizen under this Subdivision unless the Minister approves the person becoming an Australian citizen. This subsection has the effect that the person will need to make another application if the person wants to become an Australian citizen.\n\n#### 26 Pledge of commitment must be made\n\n (1) A person must make a pledge of commitment to become an Australian citizen unless the person:\n (a) is aged under 16 at the time the person made the application to become an Australian citizen; or\n (b) has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or\n (c) is covered by subsection 21(6), (7) or (8).\n\n> Note: See section 27 for how the pledge is to be made.\n\n (2) A person must not make a pledge of commitment before the Minister approves the person’s application to become an Australian citizen. A pledge of commitment made by the person before that time is of no effect.\n Delayed making of pledge\n (3) If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:\n (a) a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or\n (b) the person has been or may be charged with an offence under an Australian law.\n (4) The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.\n (5) The Minister may, by writing, revoke a determination.\n (6) If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. A pledge of commitment made by the person before that time is of no effect.\n\n#### 27 How pledge of commitment is to be made\n\n Form of pledge\n (1) A pledge of commitment must be made in accordance with either of the forms set out in Schedule 1.\n Prescribed arrangements\n (2) A pledge of commitment must be made in accordance with the arrangements prescribed by the regulations.\n\n> Note: The regulations may provide for a pledge of commitment to be made in public.\n\n Persons who may receive pledge\n (3) A pledge of commitment must be made before:\n (a) the Minister; or\n (b) a person authorised under subsection (4); or\n (c) a person who is included in a class of persons authorised under subsection (5).\n (4) The Minister may, by writing, authorise a person for the purposes of paragraph (3)(b).\n (5) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (3)(c).\n\n#### 28 Day citizenship begins etc.\n\n Persons required to make pledge of commitment\n (1) A person required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the person makes the pledge.\n Persons not required to make pledge of commitment\n (2) Subject to subsection (3), a person not required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n Applications made at the same time by child and responsible parents\n (3) Subsection (2) does not apply to a child aged under 16 at the time the child made the application to become an Australian citizen if:\n (a) 1 or more responsible parents of the child made applications under section 21 at that time; and\n (b) the Minister decided under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens.\n (4) If 1 or more of the responsible parents become Australian citizens under this section, the child becomes an Australian citizen on the first day on which a responsible parent becomes an Australian citizen.\n\n#### Subdivision C—Resuming citizenship\n\n#### 28A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you ceased to be an Australian citizen under this Act or the old Act.\n\nYou must make an application to become an Australian citizen again. The Minister must approve or refuse you becoming an Australian citizen again.\n\nYou must be eligible to be an Australian citizen again to be approved. You may be refused citizenship again even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 30(3); or\n\n• national security: see subsections 30(4) to (7).\n\nYou will be registered if the Minister approves you becoming an Australian citizen again.\n\n#### 29 Application and eligibility for resuming citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen again.\n\n> Note 1: Section 46 sets out application requirements (which may include the payment of a fee).\n\n> Note 2: The person may also apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under this Act\n (2) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 33 (about renunciation) in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (ii) section 36 (about children); and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n> Note 1: See also section 32 (which is about persons resuming their former citizenship status).\n\n> Note 2: A person who ceases to be an Australian citizen under section 34 or 34A may apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under old Act\n (3) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 17 (about dual citizenship) of the old Act; or\n (ii) section 18 (about renunciation) of the old Act in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (iii) section 20 (about residence outside Australia) of the old Act; or\n (iv) section 23 (about children) of the old Act; and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 30 Minister’s decision\n\n (1) If a person makes an application under section 29, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen again.\n (1A) The Minister must not approve the person becoming an Australian citizen again unless the person is eligible to become an Australian citizen again under subsection 29(2) or (3).\n (2) The Minister may refuse to approve the person becoming an Australian citizen again despite the person being eligible to become an Australian citizen again under subsection 29(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen again unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (5) If the person is covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again if the person:\n (a) if subparagraph (6)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (6)(b)(ii) applies to the person—has been convicted of a national security offence.\n (6) A person is covered by this subsection if:\n (a) at the time the person made the application under section 29, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7) The Minister may decide that subparagraph (5)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n\n#### 31 Registration\n\n If the Minister approves the person becoming an Australian citizen again, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 32 Day citizenship begins again etc.\n\n (1) A person becomes an Australian citizen again on the day on which the Minister approves the person becoming an Australian citizen again.\n Same kind of citizenship—former citizen under this Act\n (2) If the person, before ceasing to be an Australian citizen, was an Australian citizen under Subdivision A, AA or B, the person becomes an Australian citizen again under that Subdivision.\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n Same kind of citizenship—former citizen under old Act\n (3) If the person, before ceasing to be an Australian citizen, was an Australian citizen under the provision set out in column 2 of the following table, the person becomes an Australian citizen again under the provision set out in column 3 of the table.\n\n```html\n

Same kind of citizenship

Column 1
Item

Column 2
Provision under which person was a citizen

Column 3
Provision under which person becomes a citizen again

1

Section 10B, 10C or 11 of the old Act

Subdivision A of this Division

2

Division 2 of Part III of the old Act

Subdivision B of this Division

\n```\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n### Division 3—Cessation of Australian citizenship\n\n#### Subdivision A—Simplified outline of this Division\n\n#### 32A Simplified outline of this Division\n\n The following is a simplified outline of this Division:\n\nThere are 5 ways in which you can cease to be an Australian citizen:\n\n• you may renounce your Australian citizenship: see section 33; or\n\n• 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\n\n• 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\n\n• if you are the child of a responsible parent who ceases to be an Australian citizen, the Minister can revoke your citizenship in some situations: see section 36; or\n\n• if you are convicted of certain offences and an order is made by a court that you cease to be an Australian citizen: see Subdivision C (citizenship cessation).\n\n#### Subdivision B—Citizenship renunciation and revocation\n\n#### 33 Renunciation by application\n\n (1) A person may make an application to the Minister to renounce the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Minister’s decision\n (2) The Minister must, by writing, approve or refuse to approve the person renouncing his or her Australian citizenship.\n (3) Subject to this section, the Minister must approve the person renouncing his or her Australian citizenship if the Minister is satisfied that:\n (a) the person is aged 18 or over, and is a national or citizen of a foreign country, at the time the person made the application; or\n (b) the person was born, or is ordinarily resident, in a foreign country and is not entitled, under the law of that country, to acquire the nationality or citizenship of that country because the person is an Australian citizen.\n (4) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n (5) The Minister may refuse to approve the person renouncing his or her Australian citizenship if the person:\n (a) is a national or citizen of a foreign country at the time the person made the application; and\n (b) made the application during a war in which Australia is engaged.\n (6) The Minister must not approve the person renouncing his or her Australian citizenship if the Minister considers that it would not be in the interests of Australia to do so.\n (7) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person:\n (a) is a national or citizen of a foreign country immediately before the Minister’s decision on the application; or\n (b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval.\n Time citizenship ceases\n (8) If the Minister approves a person renouncing his or her Australian citizenship, the person ceases to be an Australian citizen at the time of the approval.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 34 Revocation by Minister—offences or fraud\n\n Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision A or AA of Division 2 (including because of the operation of section 32); and\n (b) either of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n Citizenship by conferral\n (2) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2 (including because of the operation of section 32); and\n (b) any of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person has, at any time after making the application to become an Australian citizen, been convicted of a serious offence within the meaning of subsection (5);\n (iii) the person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud within the meaning of subsection (6);\n (iv) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n (3) However, the Minister must not decide under subsection (2) to revoke a person’s Australian citizenship if:\n (a) the Minister may revoke the person’s Australian citizenship under that subsection only because of the application of subparagraph (2)(b)(ii); and\n (b) 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.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n Serious offence\n (5) For the purposes of this section, a person has been convicted of a serious offence if:\n (a) the person has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to death or to a serious prison sentence; and\n (b) the person committed the offence at any time before the person became an Australian citizen.\n Migration‑related fraud\n (6) For the purposes of this section, a person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud if and only if:\n (a) at any time, the person was convicted of an offence against:\n (i) section 234, 236 or 243, or former section 244 (as in force before its repeal by the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008), of the Migration Act 1958; or\n (ii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n that the person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the person’s entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia.\n (7) Subsection (6) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident.\n Third‑party fraud\n (8) For the purposes of this section, a person (the applicant) obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud if and only if:\n (a) at any time, another person was convicted of an offence against section 50 of this Act, or section 134.1, 135.2, 135.4, 136.1, 137.1, 137.2, 139.1, 141.1, 142.1, 142.2, 144.1, 145.1, 145.2, 145.4, 145.5 or 149.1 of the Criminal Code, that the other person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the Minister approving the applicant becoming an Australian citizen.\n Charge proved but no conviction\n (9) A reference in this section to a conviction of an offence:\n (a) in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; and\n (b) in relation to a law of a State or Territory or a foreign country—includes a reference to the making of an order under the corresponding provision of a law of the State or Territory or foreign country in relation to the offence.\n\n#### 34A Revocation by Minister—special residence requirements\n\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2; and\n (b) the person became an Australian citizen in circumstances where the Minister exercised the power under subsection 22A(1A) or 22B(1A); and\n (c) in a case in which the power was exercised under subsection 22A(1A)—the Minister is satisfied that the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; and\n (d) in a case in which the power was exercised under subsection 22B(1A)—the Minister is satisfied that:\n (i) the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; or\n (ii) the person will not be, or was not, present in Australia for a total of at least 180 days during that 2‑year period.\n (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.\n (3) The power under subsection (1) may only be exercised by the Minister personally.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 36 Children of responsible parents who cease to be citizens\n\n (1) If:\n (a) a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and\n (b) at the cessation time, the person is a responsible parent of a child aged under 18;\n then:\n (c) the Minister may, by writing, revoke the child’s Australian citizenship; and\n (d) if the Minister does so—the child ceases to be an Australian citizen at the time of the revocation.\n Exception—another responsible parent\n (2) If, at the cessation time, another responsible parent of the child is an Australian citizen, subsection (1) does not apply to the child:\n (a) while there is a responsible parent who is an Australian citizen; and\n (b) if there ceases to be such a responsible parent because of the death of a responsible parent—at any time after that death.\n Exception—statelessness\n (3) The Minister must not revoke a child’s Australian citizenship under subsection (1) if the Minister is satisfied that the child would then become a person who is not a national or citizen of any country.\n\n#### Subdivision C—Citizenship cessation\n\n#### 36A Purpose of this Subdivision\n\n This Subdivision is enacted because the Parliament recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia.\n\n#### 36B Cessation of citizenship if citizenship cessation order made by court etc.\n\n (1) Subject to this section, if an order is made under subsection 36C(1) in relation to a person, the person ceases to be an Australian citizen at the time the order is made.\n Order overturned or quashed\n (2) If a decision of a court overturns or quashes the order made under subsection 36C(1), the person’s citizenship is taken never to have ceased under subsection (1) of this section.\n (3) The validity of anything done in reliance on the order made under subsection 36C(1) before the order was overturned or quashed is not affected.\n Appeal decision\n (4) If:\n (a) a decision (the first decision) of a court overturning or quashing the order made under subsection 36C(1) in relation to the person is appealed; and\n (b) the decision (the second decision) on appeal overturns or quashes the first decision;\n the person ceases to be an Australian citizen at the time the second decision is made.\n\n#### 36C Citizenship cessation order if person is convicted of serious offence\n\n (1) If:\n (a) a person is convicted of one or more serious offences; and\n (b) the court has decided to impose on the person, in respect of the conviction or convictions, a period of imprisonment that is at least 3 years or periods of imprisonment that total at least 3 years; and\n (c) before the court imposes the sentence or sentences on the person in respect of the conviction or convictions, the Minister makes an application under subsection 36D(1) for an order to be made under this subsection in relation to the person; and\n (d) the court is satisfied of the matters specified in subsection (4) of this section;\n the court may, when imposing such a period or periods of imprisonment on the person in respect of the conviction or convictions, also order at that time as part of the sentence or sentences that the person ceases to be an Australian citizen.\n\n> Note: Subsections (5) and (6) set out, without limitation, matters the court must have regard to in deciding whether to make an order under this subsection.\n\n (2) However, the court must not make an order under subsection (1) in relation to the person if the court is satisfied that the person would, if the court were to make the order, become a person who is not a national or citizen of any country.\n Serious offence\n (3) A serious offence is an offence against any of the following provisions:\n (a) a provision of Subdivision A of Division 72 of the Criminal Code (explosives and lethal devices);\n (b) a provision of Subdivision B of Division 80 of the Criminal Code (treason);\n (c) section 83.1 of the Criminal Code (advocating mutiny);\n (d) a provision of Division 91 of the Criminal Code (espionage);\n (e) a provision of Division 92 of the Criminal Code (foreign interference);\n (f) a provision of Part 5.3 of the Criminal Code (terrorism), other than the following provisions:\n (i) section 102.8;\n (ii) Division 104;\n (iii) Division 105;\n (iv) section 105A.7D;\n (v) section 105A.18B;\n (fa) a provision of Part 5.3A of the Criminal Code (state sponsors of terrorism), other than section 112.7;\n (g) a provision of Part 5.5 of the Criminal Code (foreign incursions and recruitment).\n Court to be satisfied of certain matters etc.\n (4) For the purposes of paragraph (1)(d), the matters are the following:\n (a) the person is aged 14 or over;\n (b) the person is an Australian citizen;\n (c) the person’s conduct to which the conviction or convictions relate is so serious and significant that it demonstrates that the person has repudiated their allegiance to Australia.\n (5) In deciding whether the court is satisfied of the matter referred to in paragraph (4)(c) in relation to the person’s conduct, the court must have regard to the following matters:\n (a) whether the conduct to which the conviction or convictions relate demonstrates a repudiation of the values, democratic beliefs, rights and liberties that underpin Australian society;\n (b) the degree, duration or scale of the person’s commitment to, or involvement in, the conduct to which the conviction or convictions relate;\n (c) the intended scale of the conduct to which the conviction or convictions relate;\n (d) the actual impact of the conduct to which the conviction or convictions relate;\n (e) whether the conduct to which the conviction or convictions relate caused, or was intended to cause, harm to human life or a loss of human life.\n (6) In deciding whether to make an order under subsection (1) in relation to the person, the court must have regard to the following matters:\n (a) if the person is a child aged under 18—the best interests of the child;\n (b) if the person has any dependent children in Australia—the best interests of those children;\n (c) the person’s connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person.\n (7) Subsection (6) does not limit the matters to which the court may have regard in deciding whether to make an order under subsection (1) in relation to the person.\n Concurrent sentences\n (8) If:\n (a) a person has been convicted of 2 or more serious offences; and\n (b) a court has decided to impose on the person, in respect of the conviction or convictions, 2 or more periods of imprisonment to be served concurrently (whether in whole or in part);\n then, for the purposes of subsection (1), the whole of each period is to be counted in working out the total of those periods.\n\n> Note: Example: A person is convicted of 2 serious offences and a court has decided to impose on the person in respect of the convictions 2 periods of 2 years imprisonment to be served concurrently. For the purposes of subsection (1), the total period of imprisonment is 4 years.\n\n References to period of imprisonment\n (9) For the purposes of subsection (1):\n (a) a reference to a period of imprisonment in that subsection does not include a period of imprisonment that is suspended; and\n (b) a reference to a period of imprisonment in that subsection includes a reference to a single sentence of imprisonment that a court has decided to impose in respect of both one or more serious offences and one or more other offences.\n Other matters\n (10) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n (11) Part IB of the Crimes Act 1914 (which deals with sentencing, imprisonment and release of federal offenders) does not apply in relation to an order under this section.\n\n#### 36D Application by the Minister for a citizenship cessation order\n\n (1) The Minister may make an application for an order to be made by a court under subsection 36C(1) in relation to a person.\n (2) The application may be made before or after the person is convicted of one or more serious offences but must be made before the person is sentenced.\n Consultation with the Foreign Affairs Minister\n (3) Before the Minister makes the application, the Minister must consult the Foreign Affairs Minister.\n Matters relating to the application\n (4) The application must include the following matters:\n (a) information about the person’s age;\n (b) information about the person’s Australian citizenship;\n (c) information about the person’s nationality or citizenship of other countries.\n (5) The application:\n (a) must be made in the jury’s absence; and\n (b) must not be referred to in the presence of the jury; and\n (c) must only be heard after the person is convicted of one or more serious offences.\n Notice of application\n (6) The Minister must give the person written notice of the application as soon as practicable after the application is made. The Minister may also give written notice of the application to such other persons as the Minister considers appropriate.\n (7) Section 47 (notification of decisions) does not apply to a decision of the Minister to make the application.\n Australian citizens to which this section applies\n (8) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n\n#### 36L No resumption of citizenship if citizenship ceases under this Subdivision\n\n If a person ceases to be an Australian citizen under this Subdivision, Divisions 1 and 2 of this Part do not apply in relation to the person after that cessation.\n\n> Note: See section 36B for when a person ceases to be an Australian citizen.\n\n### Division 4—Evidence of Australian citizenship\n\n#### 37 Evidence of Australian citizenship\n\n (1) A person may make an application to the Minister for evidence of the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Notice\n (2) The Minister may give the person a notice stating that the person is an Australian citizen at a particular time.\n (3) The notice must:\n (a) be in a form prescribed by the regulations; and\n (b) contain any other matter prescribed by the regulations.\n Identity\n (4) The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n Evidentiary status\n (5) A notice is prima facie evidence of the matters in the notice.\n Cancellation\n (6) The Minister may, by writing, cancel a notice given to a person under this section.\n\n#### 38 Surrender of physical evidentiary notice\n\n Request for surrender\n (1) If:\n (a) the Minister makes a decision under section 34 or 34A to revoke a person’s Australian citizenship; and\n (b) at the time of the revocation, there is in force a notice under section 37 in relation to the person; and\n (c) the notice was given to the person in a physical form;\n the Minister may request the person to surrender the notice to the Minister.\n (2) If the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37 and the notice was given to the person in a physical form, the Minister may request the person to surrender the notice to the Minister.\n Form of request\n (3) A request given to a person under subsection (1) or (2) must:\n (a) be made in writing; and\n (b) specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and\n (c) specify how the person is to surrender the notice to the Minister; and\n (d) contain a statement to the effect that a failure to comply with the request is an offence.\n Offence\n (4) A person commits an offence if:\n (a) the person is given a request that is in accordance with this section; and\n (b) the person fails to comply with the request.\n\nPenalty for contravention of this subsection: 10 penalty units.\n\n#### 39 Altering evidentiary notice\n\n A person commits an offence if:\n (a) the person alters, or causes or permits to be altered, a notice; and\n (b) the notice was given to a person under section 37.\n\nPenalty: Imprisonment for 12 months.\n\n### Division 5—Personal identifiers\n\n#### Subdivision A—Obtaining personal identifiers\n\n#### 40 Request for personal identifiers\n\n (1) For the purposes of the Minister being satisfied of the identity of:\n (a) a person in relation to an application under this Part; or\n (b) a person who has sought to sit a test approved in a determination under section 23A;\n the following persons may request the person, in writing, to provide one or more specified personal identifiers:\n (c) the Minister;\n (d) a person authorised under subsection (3);\n (e) a person who is included in a class of persons authorised under subsection (4).\n Form of request\n (2) A request must inform the person of the matters prescribed by the regulations.\n Authorisations\n (3) The Minister may, by writing, authorise a person for the purposes of paragraph (1)(d).\n (4) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (1)(e).\n\n#### 41 Provision of personal identifiers\n\n The regulations may prescribe the procedures and requirements that apply to the provision of a personal identifier by a person under this Division.\n\n#### Subdivision B—Obligations relating to identifying information\n\n#### 42 Accessing identifying information\n\n (1) A person commits an offence if:\n (a) the person accesses identifying information; and\n (b) the person is not authorised under this section to access the identifying information for the purpose for which the person accessed it.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) This section does not apply if the person believes on reasonable grounds that the access is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n (2) This section does not apply if the access is through:\n (a) a disclosure that is a permitted disclosure within the meaning of section 43; or\n (b) a disclosure to which section 43 does not apply because of the operation of subsection 43(1A).\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Authorisation\n (3) The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.\n (4) The Minister must specify in an authorisation under subsection (3), as the purpose or purposes for which access is authorised, one or more of the following purposes:\n (a) either or both of the purposes set out in paragraph 10(2)(c);\n (b) disclosing identifying information in accordance with this Division;\n (c) administering or managing the storage of identifying information;\n (d) making identifying information available to the person to whom it relates;\n (e) modifying identifying information to enable it to be matched with other identifying information;\n (f) modifying identifying information in order to correct errors or ensure compliance with appropriate standards;\n (g) the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act;\n (h) complying with Australian laws.\n\n#### 43 Disclosing identifying information\n\n (1) A person commits an offence if:\n (a) the person’s conduct causes disclosure of identifying information; and\n (b) the disclosure is not a permitted disclosure.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure;\n this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person.\n\n> Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: Australian Privacy Principle 6 may apply to further disclosures of that identifying information by a person who is not an entrusted person.\n\n (1B) This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).\n\n (2) A permitted disclosure is a disclosure that:\n (b) is for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; or\n (c) is for the purpose of administering or managing the storage of identifying information; or\n (d) is for the purpose of making the identifying information in question available to the person to whom it relates; or\n (da) is to an agency of the Commonwealth, a State or a Territory in order to verify that a person is an Australian citizen; or\n (e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or\n (ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth, a State or a Territory; or\n (eb) is required by an Australian law; or\n (f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or\n (g) is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or\n (h) takes place with the written consent of the person to whom the identifying information in question relates.\n\n#### 44 Unauthorised modification or impairment of identifying information\n\n Unauthorised modification\n (1) A person commits an offence if:\n (a) the person causes any unauthorised modification of identifying information; and\n (b) the person intends to cause the modification; and\n (c) the person knows that the modification is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Unauthorised impairment\n (2) A person commits an offence if:\n (a) the person causes any unauthorised impairment of:\n (i) the reliability of identifying information; or\n (ii) the security of the storage of identifying information; or\n (iii) the operation of a system by which identifying information is stored; and\n (b) the person intends to cause the impairment; and\n (c) the person knows that the impairment is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Exception\n (2A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure within the meaning of section 43;\n this section does not apply in relation to any modification or impairment of that identifying information by a person who is not an entrusted person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n Interpretation\n (3) In this section:\n (a) modification of identifying information; or\n (b) impairment of the reliability of identifying information; or\n (c) impairment of the security of the storage of identifying information; or\n (d) impairment of the operation of a system by which identifying information is stored;\n by a person is unauthorised if the person is not entitled to cause that modification or impairment.\n (4) Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.\n (5) For the purposes of this section, a person causes any such unauthorised modification or impairment if the person’s conduct substantially contributes to it.\n (6) For the purposes of subsection (3), if:\n (a) a person causes any modification or impairment of a kind mentioned in that subsection; and\n (b) the person does so under a warrant issued under an Australian law;\n the person is entitled to cause that modification or impairment.\n\n#### 45 Destroying identifying information\n\n (1) A person commits an offence if:\n (a) the person is the responsible person for identifying information; and\n (b) the person fails to destroy the identifying information as soon as practicable after the person is no longer required under the Archives Act 1983 to keep the identifying information.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n> Note: See section 24 of the Archives Act 1983 on the obligation to keep the identifying information.\n\n (2) This section does not apply if the identifying information is:\n (a) a personal identifier that is any of the following:\n (i) a measurement of a person’s height and weight;\n (ii) a photograph or other image of a person’s face;\n (iii) a person’s signature; or\n (b) identifying information derived from or relating to such a personal identifier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Definitions\n (3) For the purposes of this section, the responsible person for identifying information is:\n (a) if the identifying information is stored on a database—the person who has day‑to‑day control of the database; or\n (b) otherwise—the person who has day‑to‑day responsibility for the system under which the identifying information is stored.\n (4) For the purposes of this section, identifying information is destroyed if:\n (a) in the case of identifying information that is a personal identifier—it is physically destroyed; and\n (b) in any other case—any means of identifying it with the person to whom it relates is destroyed.\n (5) For the purposes of this section, a database is a discrete body of information stored by electronic means, containing:\n (a) indexes of persons who have provided personal identifiers in accordance with a request under this Division; and\n (b) their identifying information.\n\n## Part 3—Other matters\n\n### Division 1—Bogus documents\n\n#### 45A Prohibition on, and forfeiture of, bogus documents\n\n (1) A person (whether a citizen or non‑citizen) must not give a bogus document to the Minister, a person acting under a delegation or authorisation of the Minister, a tribunal or any other person or body performing a function or purpose under, or in relation to, this Act (the official), or cause such a document to be so given.\n (2) A bogus document given in contravention of subsection (1) is forfeited to the Commonwealth.\n\n#### 45B Seizure of bogus documents\n\n (1) If the Minister reasonably suspects that a document is forfeited under subsection 45A(2), then the Minister may seize the document.\n (2) As soon as practicable after seizing the document, the Minister must give written notice of the seizure to the person who gave the document to the official under subsection 45A(1).\n (3) The notice must:\n (a) identify the document; and\n (b) state that the document has been seized; and\n (c) specify the reason for the seizure; and\n (d) state that the document will be condemned as forfeited unless the person institutes proceedings against the Commonwealth before the end of the period specified in the notice:\n (i) to recover the document; or\n (ii) for a declaration that the document is not forfeited.\n (4) For the purposes of paragraph (3)(d), the period must:\n (a) start on the date of the notice; and\n (b) end 90 days after that date.\n\n#### 45C Document condemned as forfeited\n\n (1) If a document is seized under subsection 45B(1), then:\n (a) the person who gave the document to the official under subsection 45A(1); and\n (b) if that person is not the owner of the document—the owner;\n may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction:\n (c) to recover the document; or\n (d) for a declaration that the document is not forfeited.\n (2) The proceedings:\n (a) may be instituted even if the seizure notice required to be given under subsection 45B(2) in relation to the document has not yet been given; and\n (b) may only be instituted before the end of the period specified in the seizure notice.\n (3) If, before the end of the period specified in the seizure notice, the person or owner does not institute the proceedings, the document is condemned as forfeited to the Commonwealth immediately after the end of that period.\n (4) If, before the end of the period specified in the seizure notice, the person or owner does institute the proceedings, the document is condemned as forfeited to the Commonwealth at the end of the proceedings unless there is:\n (a) an order for the person or owner to recover the document; or\n (b) a declaration that the document is not forfeited.\n (5) For the purposes of subsection (4), if the proceedings go to judgment, they end:\n (a) if no appeal against the judgment is lodged within the period for lodging such an appeal—at the end of that period; or\n (b) if an appeal against the judgment is lodged within that period—when the appeal lapses or is finally determined.\n\n#### 45D Dealing with a document after it is condemned as forfeited\n\n (1) If, under section 45C, a document is condemned as forfeited to the Commonwealth, it must be dealt with or disposed of (including by being given to another person) in accordance with any direction given by the Minister.\n (2) If the Minister considers that the document may be relevant to proceedings in a court or tribunal, then the Minister:\n (a) must give a direction for the safe keeping of the document; and\n (b) must authorise access to the document for the purposes of those proceedings.\n (3) A direction given under this section is not a legislative instrument.\n\n### Division 2—Other\n\n#### 46 Application requirements\n\n (1) An application under a provision of this Act must:\n (a) be on the relevant form approved by the Minister for the purposes of that provision; and\n (b) contain the information required by the form; and\n (c) be accompanied by any other information or documents prescribed by the regulations; and\n (d) be accompanied by the fee (if any) prescribed by the regulations.\n (1AA) However, paragraphs (1)(a) and (b) do not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed by the regulations; and\n (b) contains the information prescribed by the regulations.\n (1A) For applications made under section 21 by persons who, in order to be eligible to become an Australian citizen under subsection 21(2), must have sat a test approved in a determination under section 23A, the fee prescribed by the regulations may include a component that relates to the sitting of that test.\n Approval of forms\n (2) The Minister may, by writing, approve one or more forms for the purposes of a provision of this Act under which an application may be made.\n\n> Note: For example, there are 2 ways to become an Australian citizen by descent under section 16\\. The Minister may approve 1 form for the purposes of that section or may approve 2 different forms.\n\n Children aged under 16\n (2A) An application under a provision of this Act by a child aged under 16 must be set out:\n (a) on a form that contains no other application; or\n (b) on a form that also contains an application by 1 responsible parent of the child.\n (2B) However, subsection (2A) does not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed under paragraph (1AA)(a) of this section; and\n (b) contains the information prescribed under paragraph (1AA)(b) of this section.\n Remission, refund or waiver of fees\n (3) The regulations may make provision for and in relation to the remission, refund or waiver of any fees of a kind referred to in paragraph (1)(d).\n\n#### 47 Notification of decisions\n\n (1) If the Minister makes a decision under this Act in relation to a person, the Minister must give the person notice of the decision.\n Child\n (2) If the person is a child, the Minister satisfies the requirement in subsection (1) if the Minister gives a parent of the child notice of the decision.\n Reasons for adverse decision\n (3) If the decision is an adverse decision, the notice must include the reasons for the decision.\n Form of notice\n (4) The Minister must give the notice in the manner prescribed by the regulations (which includes electronic form).\n Procedural defect does not affect validity of decision\n (5) A failure to comply with subsection (3) or (4) does not affect the validity of the decision.\n\n#### 48 Computerised decision‑making\n\n Computer‑based decisions\n (1) The Minister may, by writing, arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under this Act or the regulations:\n (a) make a decision; or\n (b) exercise any power or comply with any obligation; or\n (c) do anything else related to making a decision or exercising a power or complying with an obligation.\n (2) The Minister is taken to have:\n (a) made a decision; or\n (b) exercised a power or complied with an obligation; or\n (c) done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;\n that was made, exercised, complied with or done by the operation of a computer program under such an arrangement.\n Minister may substitute his or her own decision\n (3) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under such an arrangement if:\n (a) a notice under section 49 relates to the computer program and to the initial decision; and\n (b) the notice states that the computer program was not functioning correctly; and\n (c) the substituted decision could have been made under the same provision of this Act or the regulations as the initial decision; and\n (d) the substituted decision is more favourable to the applicant.\n (4) The Minister does not have a duty to consider whether to exercise the power under subsection (3) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (5) Subsection (3) has effect despite any law of the Commonwealth, or any rule of common law, to the contrary effect.\n Exceptions\n (5A) This section does not apply in relation to anything done under Subdivision C of Division 3 of Part 2 (citizenship cessation).\n Arrangement not a legislative instrument\n (6) An arrangement under subsection (1) is not a legislative instrument.\n\n#### 49 Evidence of whether computer program is functioning correctly\n\n Issue of notices\n (1) In citizenship proceedings, a notice signed by an authorised person stating whether or not a specified computer program was functioning correctly:\n (a) at a specified time or during a specified period; and\n (b) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 48(1);\n is prima facie evidence of the matters stated in the notice.\n Ministerial authorisations\n (2) The Minister may, by writing, authorise a person to issue notices under this section.\n (3) The Minister may, by legislative instrument, authorise a class of persons to issue notices under this section.\n Definitions\n (4) In this section:\n\n> authorised person means:\n\n (a) an APS employee in the Department; or\n (b) a person authorised under subsection (2) to issue notices under this section; or\n (c) any person who is included in a class of persons authorised under subsection (3) to issue notices under this section.\n\n> citizenship proceedings means:\n\n (a) proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or\n (b) proceedings that relate to an application for review under section 52.\n\n> functioning correctly: a computer program is functioning correctly if:\n\n (a) outcomes from its operation comply with this Act and the regulations; and\n (b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.\n\n#### 50 False statements or representations\n\n (1) A person commits an offence if:\n (a) the person makes, or causes or permits to be made, a representation or statement; and\n (b) the person does so knowing that the representation or statement is false or misleading in a material particular; and\n (c) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n (2) A person commits an offence if:\n (a) the person conceals, or causes or permits to be concealed, a material circumstance; and\n (b) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n#### 51 Geographical jurisdiction for offences\n\n Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act.\n\n#### 51A Things seized under Crimes Act search warrant and information about such things\n\n (1) This section applies to the following:\n (a) a thing seized (warrant material) under a search warrant issued under Division 2 of Part 1AA of the Crimes Act 1914;\n (b) information (warrant information) that is about, or obtained from, warrant material.\n (2) A constable or Commonwealth officer who, under subsection 3ZQU(1) of the Crimes Act 1914, may use or make available warrant material, is authorised to make available warrant material or warrant information:\n (a) to a person covered by subsection (4); and\n (b) for a purpose mentioned in subsection (3).\n (3) A person covered by subsection (4) is authorised to receive and use warrant material and warrant information, or make it available to another person covered by subsection (4), for the following purposes:\n (a) making a decision, or assisting in making a decision, to approve or refuse to approve a person becoming an Australian citizen;\n (b) making a decision, or assisting in making a decision, to revoke a person’s Australian citizenship;\n (c) making a decision, or assisting in making a decision, to cancel an approval given to a person under section 24.\n\n> Note: Subsection 3ZQU(4) of the Crimes Act 1914 contemplates that another law of the Commonwealth may require or authorise the use or making available of a document or other thing to persons, or for purposes, in addition to those listed in subsection 3ZQU(1) of that Act.\n\n (4) The following persons are covered by this subsection:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department whose duties include making decisions, or assisting in making decisions, in relation to Australian citizenship.\n\n#### 51B Reports to Parliament\n\n (1) As soon as practicable after a reporting period ends, the Minister must table a report in each House of the Parliament that sets out the number of applications made under section 36D to which both of the following apply:\n (a) the applications were made during the reporting period to which the report relates or during an earlier reporting period;\n (b) the applications relate to persons who, during the reporting period to which the report relates, were convicted and sentenced for one or more serious offences.\n (2) The report must not contain information, or content of a document, if:\n (a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010); or\n (b) the disclosure of the information or content would or might prejudice:\n (i) the security, defence or international relations of Australia; or\n (ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions; or\n (c) the disclosure of the information or content would or might endanger a person’s safety; or\n (d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.\n (3) In this section:\n\n> reporting period means:\n\n (a) the period of 12 months beginning on the day the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 commences; or\n (b) each subsequent 12‑month period.\n\n#### 52 Review of decisions\n\n (1) An application may be made to the Administrative Review Tribunal for review of the following decisions:\n (a) a decision under section 17 to refuse to approve a person becoming an Australian citizen;\n (aa) a decision under section 19D to refuse to approve a person becoming an Australian citizen;\n (b) a decision under section 24 to refuse to approve a person becoming an Australian citizen;\n (c) a decision under section 25 to cancel an approval given to a person under section 24;\n (d) a decision under section 30 to refuse to approve a person becoming an Australian citizen again;\n (e) a decision under section 33 to refuse to approve a person renouncing his or her Australian citizenship, except a refusal because of the operation of subsection 33(5) (about war);\n (f) a decision under section 34 or subsection 36(1) to revoke a person’s Australian citizenship;\n (g) a decision under section 37 to refuse to give a person a notice stating that the person is an Australian citizen at a particular time.\n Citizenship by conferral decision\n (2) However, if:\n (a) the Minister makes a decision under section 24 to refuse to approve a person becoming an Australian citizen; and\n (b) the Minister’s reasons for the decision did not refer to the eligibility ground in subsection 21(8) (about statelessness); and\n (c) the person was aged 18 or over at the time the person made the application to become an Australian citizen;\n a person (the applicant) cannot apply for review of that decision unless the applicant is a permanent resident.\n (3) For the purposes of the Administrative Review Tribunal reviewing a decision of a kind referred to in paragraph (1)(b):\n (a) the Tribunal must not exercise the power under subsection 22A(1A) or 22B(1A); and\n (b) the Tribunal must not review any exercise of the power or any failure to exercise the power.\n\n#### 53 Delegation\n\n (1) The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act or the regulations.\n (2) However, subsection (1) does not apply in relation to the function under subsection 23A(1) (about approval of citizenship test) or the power under section 36D (about application for citizenship cessation order).\n\n#### 54 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":76},{"sectionNumber":"40","sectionType":"section","heading":"Request for personal identifiers","content":"#### 40 Request for personal identifiers\n\n (1) For the purposes of the Minister being satisfied of the identity of:\n (a) a person in relation to an application under this Part; or\n (b) a person who has sought to sit a test approved in a determination under section 23A;\n the following persons may request the person, in writing, to provide one or more specified personal identifiers:\n (c) the Minister;\n (d) a person authorised under subsection (3);\n (e) a person who is included in a class of persons authorised under subsection (4).\n Form of request\n (2) A request must inform the person of the matters prescribed by the regulations.\n Authorisations\n (3) The Minister may, by writing, authorise a person for the purposes of paragraph (1)(d).\n (4) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (1)(e).","sortOrder":78},{"sectionNumber":"41","sectionType":"section","heading":"Provision of personal identifiers","content":"#### 41 Provision of personal identifiers\n\n The regulations may prescribe the procedures and requirements that apply to the provision of a personal identifier by a person under this Division.","sortOrder":79},{"sectionNumber":"42","sectionType":"section","heading":"Accessing identifying information","content":"#### 42 Accessing identifying information\n\n (1) A person commits an offence if:\n (a) the person accesses identifying information; and\n (b) the person is not authorised under this section to access the identifying information for the purpose for which the person accessed it.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) This section does not apply if the person believes on reasonable grounds that the access is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n (2) This section does not apply if the access is through:\n (a) a disclosure that is a permitted disclosure within the meaning of section 43; or\n (b) a disclosure to which section 43 does not apply because of the operation of subsection 43(1A).\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Authorisation\n (3) The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.\n (4) The Minister must specify in an authorisation under subsection (3), as the purpose or purposes for which access is authorised, one or more of the following purposes:\n (a) either or both of the purposes set out in paragraph 10(2)(c);\n (b) disclosing identifying information in accordance with this Division;\n (c) administering or managing the storage of identifying information;\n (d) making identifying information available to the person to whom it relates;\n (e) modifying identifying information to enable it to be matched with other identifying information;\n (f) modifying identifying information in order to correct errors or ensure compliance with appropriate standards;\n (g) the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act;\n (h) complying with Australian laws.","sortOrder":81},{"sectionNumber":"43","sectionType":"section","heading":"Disclosing identifying information","content":"#### 43 Disclosing identifying information\n\n (1) A person commits an offence if:\n (a) the person’s conduct causes disclosure of identifying information; and\n (b) the disclosure is not a permitted disclosure.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure;\n this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person.\n\n> Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: Australian Privacy Principle 6 may apply to further disclosures of that identifying information by a person who is not an entrusted person.\n\n (1B) This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).\n\n (2) A permitted disclosure is a disclosure that:\n (b) is for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; or\n (c) is for the purpose of administering or managing the storage of identifying information; or\n (d) is for the purpose of making the identifying information in question available to the person to whom it relates; or\n (da) is to an agency of the Commonwealth, a State or a Territory in order to verify that a person is an Australian citizen; or\n (e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or\n (ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth, a State or a Territory; or\n (eb) is required by an Australian law; or\n (f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or\n (g) is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or\n (h) takes place with the written consent of the person to whom the identifying information in question relates.","sortOrder":82},{"sectionNumber":"44","sectionType":"section","heading":"Unauthorised modification or impairment of identifying information","content":"#### 44 Unauthorised modification or impairment of identifying information\n\n Unauthorised modification\n (1) A person commits an offence if:\n (a) the person causes any unauthorised modification of identifying information; and\n (b) the person intends to cause the modification; and\n (c) the person knows that the modification is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Unauthorised impairment\n (2) A person commits an offence if:\n (a) the person causes any unauthorised impairment of:\n (i) the reliability of identifying information; or\n (ii) the security of the storage of identifying information; or\n (iii) the operation of a system by which identifying information is stored; and\n (b) the person intends to cause the impairment; and\n (c) the person knows that the impairment is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Exception\n (2A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure within the meaning of section 43;\n this section does not apply in relation to any modification or impairment of that identifying information by a person who is not an entrusted person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n Interpretation\n (3) In this section:\n (a) modification of identifying information; or\n (b) impairment of the reliability of identifying information; or\n (c) impairment of the security of the storage of identifying information; or\n (d) impairment of the operation of a system by which identifying information is stored;\n by a person is unauthorised if the person is not entitled to cause that modification or impairment.\n (4) Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.\n (5) For the purposes of this section, a person causes any such unauthorised modification or impairment if the person’s conduct substantially contributes to it.\n (6) For the purposes of subsection (3), if:\n (a) a person causes any modification or impairment of a kind mentioned in that subsection; and\n (b) the person does so under a warrant issued under an Australian law;\n the person is entitled to cause that modification or impairment.","sortOrder":83},{"sectionNumber":"45","sectionType":"section","heading":"Destroying identifying information","content":"#### 45 Destroying identifying information\n\n (1) A person commits an offence if:\n (a) the person is the responsible person for identifying information; and\n (b) the person fails to destroy the identifying information as soon as practicable after the person is no longer required under the Archives Act 1983 to keep the identifying information.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n> Note: See section 24 of the Archives Act 1983 on the obligation to keep the identifying information.\n\n (2) This section does not apply if the identifying information is:\n (a) a personal identifier that is any of the following:\n (i) a measurement of a person’s height and weight;\n (ii) a photograph or other image of a person’s face;\n (iii) a person’s signature; or\n (b) identifying information derived from or relating to such a personal identifier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Definitions\n (3) For the purposes of this section, the responsible person for identifying information is:\n (a) if the identifying information is stored on a database—the person who has day‑to‑day control of the database; or\n (b) otherwise—the person who has day‑to‑day responsibility for the system under which the identifying information is stored.\n (4) For the purposes of this section, identifying information is destroyed if:\n (a) in the case of identifying information that is a personal identifier—it is physically destroyed; and\n (b) in any other case—any means of identifying it with the person to whom it relates is destroyed.\n (5) For the purposes of this section, a database is a discrete body of information stored by electronic means, containing:\n (a) indexes of persons who have provided personal identifiers in accordance with a request under this Division; and\n (b) their identifying information.","sortOrder":84},{"sectionNumber":"Part 3","sectionType":"part","heading":"Other matters","content":"An Act relating to Australian citizenship\n\nPreamble\n\n The Parliament recognises that 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.\n The Parliament recognises that persons conferred Australian citizenship enjoy these rights and undertake to accept these obligations:\n (a) by pledging loyalty to Australia and its people; and\n (b) by sharing their democratic beliefs; and\n (c) by respecting their rights and liberties; and\n (d) by upholding and obeying the laws of Australia.\n\nThe Parliament of Australia enacts:\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Citizenship Act 2007.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

15 March 2007

2. Sections 2A to 54

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01653)

3. Schedule 1

At the same time as the provisions covered by table item 2.

1 July 2007

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 2A Simplified outline\n\n The following is a simplified outline of this Act:\n\nWhat this Act covers\n\nThis Act sets out how you become an Australian citizen, the circumstances in which you may cease to be a citizen and some other matters related to citizenship.\n\nBecoming an Australian citizen\n\nThere are a range of ways you can become an Australian citizen.\n\nAcquiring citizenship automatically\n\nGenerally, you become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born.\n\nThere are some other, less common, ways of automatically becoming a citizen.\n\nDivision 1 of Part 2 has details about acquiring citizenship automatically.\n\nAlso, if you were a citizen under the old Act immediately before the day that this section commences, you will continue to be a citizen: see subsection 4(1).\n\nAcquiring citizenship by application\n\nThe other way to become an Australian citizen is to apply to the Minister. This is covered by Division 2 of Part 2\\. There are 4 situations in which you can apply for citizenship.\n\nThe first is citizenship by descent. Generally, you would apply for this if you were born outside Australia and one or both of your parents were Australian citizens when you were born. Citizenship by descent is covered by Subdivision A.\n\nThe second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA.\n\nThe third is citizenship by conferral. Generally, you would need to be a permanent resident and willing to make a pledge of commitment to apply for citizenship by conferral. You may need to successfully complete a citizenship test. There are some less common circumstances in which you can apply for citizenship by conferral. Citizenship by conferral is covered by Subdivision B.\n\nThe fourth is resuming citizenship. In certain cases where you previously ceased to be an Australian citizen, you can apply for your citizenship to resume. Resuming citizenship is covered by Subdivision C.\n\nThe Minister must be satisfied of your identity for you to acquire citizenship by application. Rules about identification are in Division 5 of Part 2.\n\nThe Minister may be required to refuse your application on national security grounds.\n\nCeasing to be an Australian citizen\n\nThere are a number of ways that you can cease to be an Australian citizen.\n\nYou can renounce your citizenship.\n\nIf you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances.\n\nThere are some other, less common, ways of ceasing to be a citizen.\n\nDivision 3 of Part 2 has details about ceasing to be a citizen.\n\nEvidence that a person is an Australian citizen\n\nYou can apply to the Minister for evidence of your Australian citizenship. This is covered by Division 4 of Part 2.\n\n#### 3 Definitions\n\n In this Act:\n\n> adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> artificial conception procedure includes:\n\n (a) artificial insemination; and\n (b) the implantation of an embryo in the body of a woman.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian citizen has the meaning given by section 4.\n\n> Australian law means a law of the Commonwealth, a State or a Territory.\n\n> bogus document has the same meaning as in subsection 5(1) of the Migration Act 1958.\n\n> child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:\n\n (a) an adopted child, stepchild or exnuptial child of the person;\n (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n\n> citizenship law means:\n\n (a) this Act; and\n (b) the regulations; and\n (c) any legislative instrument made under this Act or the regulations.\n\n> commencement day means the day on which sections 2A to 54 (as originally enacted) commence.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> disclose, in relation to identifying information that is a personal identifier provided under Division 5 of Part 2, includes provide unauthorised access to the personal identifier.\n\n> Note: Section 42 deals with authorised access to identifying information.\n\n> entrusted person means:\n\n (a) the Secretary of the Department; or\n (b) an APS employee in the Department; or\n (c) a person engaged under section 74 of the Public Service Act 1999 by the Secretary of the Department; or\n (d) a person engaged by the Commonwealth, the Minister, the Secretary of the Department, or by an APS employee in the Department, to do work for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act.\n\n> Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> foreign law means a law of a foreign country.\n\n> identifying information means the following:\n\n (a) any personal identifier provided under Division 5 of Part 2;\n (b) any meaningful identifier derived from any such personal identifier;\n (c) any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier;\n (d) any other information derived from:\n (i) any such personal identifier; or\n (ii) any meaningful identifier derived from any such personal identifier; or\n (iii) any record of a kind referred to in paragraph (c);\n that could be used to discover a particular person’s identity or to get information about a particular person.\n\n> national security offence means:\n\n (b) an offence against Division 72 of the Criminal Code; or\n (c) an offence against Part 5.1 of the Criminal Code (treason and related offences) other than section 83.4 (interference with political rights and duties); or\n (ca) an offence against Division 91 of the Criminal Code (espionage); or\n (cb) an offence against Part 5.3 or 5.3A (terrorism), or 5.3B (prohibited hate groups), of the Criminal Code; or\n (d) an offence against the Australian Security Intelligence Organisation Act 1979; or\n (e) an offence against the Intelligence Services Act 2001; or\n (f) an offence covered by a determination in force under section 6A.\n\n> New Guinea:\n\n (a) has the same meaning as the Territory of New Guinea had in the Papua New Guinea Act 1949 immediately before 16 September 1975; and\n (b) in relation to any time before 4 June 1969—includes a reference to the Island of Nauru.\n\n> old Act means the Australian Citizenship Act 1948 as in force at any time before the commencement day.\n\n> ordinarily resident: a person is taken to be ordinarily resident in a country if and only if:\n\n (a) he or she has his or her home in that country; or\n (b) that country is the country of his or her permanent abode even if he or she is temporarily absent from that country.\n However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.\n\n> Papua has the same meaning as the Territory of Papua had in the Papua New Guinea Act 1949 immediately before 16 September 1975.\n\n> permanent resident has the meaning given by section 5.\n\n> permanent visa has the same meaning as in the Migration Act 1958.\n\n> personal identifier has the meaning given by section 10.\n\n> prison includes any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon the person because of that conviction.\n\n> psychiatric institution includes a psychiatric section of a hospital.\n\n> qualified security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.\n\n> responsible parent has the meaning given by section 6.\n\n> serious offence has the meaning given by subsection 36C(3).\n\n> serious prison sentence means a sentence of imprisonment for a period of at least 12 months.\n\n> serious repeat offender: a person is a serious repeat offender in relation to a serious prison sentence if the sentence was imposed on the person for an offence committed by the person at a time after the person ceased to be confined in prison because of the imposition of another serious prison sentence.\n\n> special category visa has the same meaning as in the Migration Act 1958.\n\n> special purpose visa has the same meaning as in the Migration Act 1958.\n\n> Stateless Persons Convention means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954 \\[1974\\] ATS 20.\n\n> Note: The text of the Convention is set out in Australian Treaty Series 1974 No. 20\\. In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person’s stepchild except that the person is not legally married to the person’s de facto partner.\n\n> unlawful non‑citizen has the same meaning as in the Migration Act 1958.\n\n> visa has the same meaning as in the Migration Act 1958.\n\n#### 4 Australian citizen\n\n (1) For the purposes of this Act, Australian citizen means a person who:\n (a) is an Australian citizen under Division 1 or 2 of Part 2; or\n (b) satisfies both of the following:\n (i) the person was an Australian citizen under the Australian Citizenship Act 1948 immediately before the commencement day;\n (ii) the person has not ceased to be an Australian citizen under this Act.\n Citizenship under the old Act\n (2) If, under this Act, it is necessary to work out if a person was an Australian citizen at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 5 Permanent resident\n\n (1) For the purposes of this Act, a person is a permanent resident at a particular time if and only if:\n (a) the person is present in Australia at that time and holds a permanent visa at that time; or\n (b) both:\n (i) the person is not present in Australia at that time and holds a permanent visa at that time; and\n (ii) the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia; or\n (c) the person is covered by a determination in force under subsection (2) at that time.\n (2) The Minister may, by legislative instrument, determine that:\n (a) persons who hold a special category visa or a special purpose visa; or\n (b) persons who have held a special category visa; or\n (c) persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands;\n and who satisfy specified requirements are, or are during a specified period, persons to whom this subsection applies.\n Permanent resident under the old Act\n (3) If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.\n\n#### 6 Responsible parent\n\n (1) For the purposes of this Act, a person is a responsible parent in relation to a child if and only if:\n (a) the person is a parent of the child except where, because of orders made under the Family Law Act 1975, the person no longer has any parental responsibility for the child; or\n (b) under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or\n (c) under a parenting order the person has parental responsibility for the child’s long‑term or day‑to‑day care, welfare and development (whether or not the person is a parent of the child); or\n (d) the person (whether or not a parent of the child) has guardianship or custody of the child, jointly or otherwise, under an Australian law or a foreign law, whether because of adoption, operation of law, an order of a court or otherwise.\n (1A) In paragraph (1)(a):\n\n> parental responsibility has the same meaning as in Part VII of the Family Law Act 1975.\n\n (2) Expressions used in paragraphs (1)(b) and (c) have the same meaning as in the Family Law Act 1975.\n\n#### 6A National security offences\n\n (1) The Minister may, by legislative instrument, determine that:\n (a) an offence against a specified provision of a specified Australian law or a specified foreign law; or\n (b) an offence against an Australian law or a foreign law involving specified conduct;\n is a national security offence for the purposes of paragraph (f) of the definition of national security offence in section 3.\n (2) A determination under subsection (1) applies in relation to:\n (a) applications made under this Act after the determination takes effect; and\n (b) applications made under this Act before the determination takes effect that have not been decided before the determination takes effect.\n\n#### 7 Children born on ships or aircraft or after death of parent\n\n Persons born on ships or aircraft\n (1) For the purposes of this Act:\n (a) a person born on a ship or aircraft registered in Australia or a foreign country is taken to have been born at the place at which the ship or aircraft is registered; and\n (b) a person born on a ship or aircraft not registered in Australia or a foreign country and belonging to the government of a country is taken to have been born in that country.\n Persons born after death of parent\n (2) For the purposes of this Act, the status of a parent of a person at the time of the person’s birth is, for a parent who died before the birth, taken to be the status of the parent when the parent died.\n\n#### 8 Children born as a result of artificial conception procedures or surrogacy arrangements\n\n (1) This section applies if a child is:\n (a) a child of a person under section 60H or 60HB of the Family Law Act 1975; and\n (b) either:\n (i) a child of the person’s spouse or de facto partner under that section; or\n (ii) a biological child of the person’s spouse or de facto partner.\n (2) The child is taken for the purposes of this Act:\n (a) to be the child of the person and the spouse or de facto partner; and\n (b) not to be the child of anyone else.\n\n#### 9 Confinement in prison or psychiatric institution\n\n Confinement in prison\n (1) For the purposes of this Act, the period during which a person is confined to a prison includes a period:\n (a) during which the person is an escapee from the prison; or\n (b) during which the person is undergoing a sentence of periodic detention in the prison.\n (2) For the purposes of this Act, the period during which a person is confined to a prison does not include a period during which the person has been so confined by reason only of the person serving a sentence relating to a conviction that is later quashed.\n Confinement in psychiatric institution\n (3) For the purposes of this Act, the period during which a person is confined in a psychiatric institution by order of a court includes a period during which the person is an escapee from the institution.\n\n#### 10 Personal identifiers\n\n (1) For the purposes of this Act, a personal identifier is any of the following (including any of the following in digital form):\n (a) fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies);\n (b) a measurement of a person’s height and weight;\n (c) a photograph or other image of a person’s face;\n\nNote: See section 10A.\n\n (d) an iris scan;\n (e) a person’s signature;\n (f) any other identifier prescribed by the regulations (except an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914).\n (2) Before the Governor‑General makes regulations for the purposes of paragraph (1)(f) prescribing an identifier, the Minister must be satisfied that:\n (a) obtaining the identifier would not involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914; and\n (b) the identifier is an image of, or a measurement or recording of, an external part of the body; and\n (c) obtaining the identifier is necessary for either or both of the following purposes:\n (i) assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2 or seeking to sit a test approved in a determination under section 23A;\n (ii) combating document and identity fraud in citizenship matters;\n\n#### 10A References to photograph or other image of person’s face\n\n A reference in the citizenship law to a photograph or other image of a person’s face includes a reference to a photograph or other image of:\n (a) the person’s face and all or part of the person’s neck; or\n (b) the person’s face and neck and all or part of the person’s shoulders.\n\n#### 10B Providing photographs and other images of faces to the Minister or authorised persons\n\n (1) This section applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to the Minister; and\n (b) for the purposes of that requirement:\n (i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (2) This section also applies if:\n (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to a person mentioned in paragraph 40(1)(d) or (e); and\n (b) for the purposes of that requirement:\n (i) the person provides to a person mentioned in paragraph 40(1)(d) or (e) (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and\n (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.\n (3) For the purposes of the citizenship law, the person is taken to provide the derived image to the recipient for the purposes of the requirement mentioned in paragraph (1)(a) or (2)(a) of this section.\n\n#### 11 Operation of Act\n\n External Territories\n (1) This Act extends to the external Territories.\n Application outside Australia\n (2) This Act extends unless the contrary intention appears:\n (a) to acts, omissions, matters and things outside Australia; and\n (b) to all persons, irrespective of their nationality or citizenship.\n State and Territory laws\n (3) It is the intention of the Parliament that this Act apply to the exclusion of any provisions of a law of a State or Territory that provide for Australian citizenship (whether the law was made before or after the commencement day).\n\n## Part 2—Australian citizenship\n\n### Division 1—Automatic acquisition of Australian citizenship\n\n#### 11A Simplified outline\n\n The following is a simplified outline of this Division:\n\nThe most common way you become an Australian citizen under this Division is by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of your birth.\n\nThere are some other, less common, ways of becoming an Australian citizen under this Division. These cover:\n\n• citizenship by being born in Australia and by being ordinarily resident in Australia for the next 10 years: see section 12; and\n\n• citizenship by adoption: see section 13; and\n\n• citizenship for abandoned children: see section 14; and\n\n• citizenship by incorporation of territory: see section 15.\n\n#### 12 Citizenship by birth\n\n (1) A person born in Australia is an Australian citizen if and only if:\n (a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or\n (b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.\n Enemy occupation\n (2) However, a person is not an Australian citizen under this section if, at the time the person is born:\n (a) a parent of the person is an enemy alien; and\n (b) the place of the birth is under occupation by the enemy;\n unless, at that time, the other parent of the person:\n (c) is an Australian citizen or a permanent resident; and\n (d) is not an enemy alien.\n\n#### 13 Citizenship by adoption\n\n A person is an Australian citizen if the person is:\n (a) adopted under a law in force in a State or Territory; and\n (b) adopted by a person who is an Australian citizen at the time of the adoption or by 2 persons jointly at least one of whom is an Australian citizen at that time; and\n (c) present in Australia as a permanent resident at that time.\n\n#### 14 Citizenship for abandoned children\n\n A person is an Australian citizen if the person is found abandoned in Australia as a child, unless and until the contrary is proved.\n\n#### 15 Citizenship by incorporation of Territory\n\n (1) A person is an Australian citizen if:\n (a) any territory becomes a part of Australia; and\n (b) the person is included in a class of persons specified in a determination under this section.\n Determination\n (2) The Minister may, by legislative instrument, determine that specified classes of persons are Australian citizens from a specified day because of their connection with that territory.\n Day citizenship begins\n (3) The person becomes an Australian citizen on that day.\n Retrospective application of instruments\n (4) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the instrument.\n\n### Division 2—Acquisition of Australian citizenship by application\n\n#### Subdivision A—Citizenship by descent\n\n#### 15A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 2 situations:\n\n• you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth: see subsection 16(2); or\n\n• you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949: see subsection 16(3).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 17(3); or\n\n• national security: see subsections 17(4) to (4B); or\n\n• cessation of citizenship: see subsection 17(5).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\nYou 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.\n\n#### 16 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Persons born outside Australia on or after 26 January 1949\n (2) A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person was an Australian citizen at the time of the birth; and\n (b) if the parent was an Australian citizen under this Subdivision or Subdivision AA, or section 10B, 10C or 11 of the old Act (about citizenship by descent), at the time of the birth:\n (i) the parent has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the person made the application; or\n (ii) the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n Persons born outside Australia or New Guinea before 26 January 1949\n (3) A person born outside Australia or New Guinea before 26 January 1949 is eligible to become an Australian citizen if:\n (a) a parent of the person became an Australian citizen on 26 January 1949; and\n (b) the parent was born in Australia or New Guinea or was naturalised in Australia before the person’s birth; and\n (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 17 Minister’s decision\n\n (1) If a person makes an application under section 16, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n (2) Subject to this section, the Minister must approve the person becoming an Australian citizen if the person is eligible to become an Australian citizen under subsection 16(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 16, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) at the time of the person’s birth, the person had a parent who was an Australian citizen.\n Cessation of citizenship\n (5) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 18 Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19 Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### 19A When a person does not become a citizen despite the Minister’s approval\n\n Despite section 19, a person does not become an Australian citizen under this Subdivision, even if the Minister approves the person becoming an Australian citizen, unless:\n (a) if the person was born on or after 26 January 1949—a parent of the person was an Australian citizen at the time of the person’s birth; or\n (b) if the person was born before 26 January 1949—a parent of the person became an Australian citizen on 26 January 1949.\n\n#### Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n\n#### 19B Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia by at least one Australian citizen in accordance with:\n\n(a) the Hague Convention on Intercountry Adoption; or\n\n(b) a bilateral arrangement.\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 19D(4); or\n\n• national security: see subsections 19D(5) to (7A); or\n\n• cessation of citizenship: see subsection 19D(8).\n\nYou will be registered if the Minister approves you becoming an Australian citizen.\n\n#### 19C Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Eligibility\n (2) A person (the applicant) is eligible to become an Australian citizen if:\n (a) the applicant is adopted in a Convention country or a prescribed overseas jurisdiction by:\n (i) a person (the adopter) who is an Australian citizen at time of the adoption; or\n (ii) 2 persons jointly, only one of whom (the adopter) is an Australian citizen at the time of the adoption; or\n (iii) 2 persons jointly, both of whom (the adopters) are Australian citizens at the time of the adoption; and\n (b) an adoption compliance certificate issued in that country is in force for the adoption; and\n (c) under the Intercountry Adoption regulations or the Bilateral Arrangements regulations, as applicable, the adoption is recognised and effective for the laws of the Commonwealth and each State and Territory; and\n (d) the legal relationship between the applicant and the individuals who were, immediately before the adoption, the applicant’s parents has been terminated; and\n (e) if subparagraph (a)(i) or (ii) applies and the adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—the adopter satisfies subsection (3); and\n (f) if subparagraph (a)(iii) applies and each adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—either or both of the adopters satisfy subsection (3); and\n (g) if the applicant is aged 18 or over at the time the applicant made the application—the Minister is satisfied that the applicant is of good character at the time of the Minister’s decision on the application.\n (3) An adopter satisfies this subsection if the adopter has been present in Australia (except as an unlawful non‑citizen) for a total period of at least 2 years at any time before the applicant made the application.\n Definitions\n (4) In this section:\n\n> adoption compliance certificate:\n\n (a) for an adoption in accordance with the Hague Convention on Intercountry Adoption—has the same meaning as in the Intercountry Adoption regulations; and\n (b) for an adoption in accordance with a bilateral arrangement—has the same meaning as in the Bilateral Arrangements regulations.\n\n> Bilateral Arrangements regulations means prescribed regulations made under the Family Law Act 1975.\n\n> Convention country has the same meaning as in the Intercountry Adoption regulations.\n\n> Intercountry Adoption regulations means prescribed regulations made under the Family Law Act 1975.\n\n> prescribed overseas jurisdiction has the same meaning as in the Bilateral Arrangements regulations.\n\n#### 19D Minister’s decision\n\n (1) If a person makes an application under section 19C, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n (2) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 19C(2).\n (3) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 19C(2).\n Identity\n (4) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (5) If the person is not covered by subsection (7), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (6) If the person is covered by subsection (7), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (7)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7A), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (7)(b)(ii) applies to the person—has been convicted of a national security offence.\n (7) A person is covered by this subsection if:\n (a) at the time the person made the application under section 19C, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7A) The Minister may decide that subparagraph (6)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n Cessation of citizenship\n (8) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n\n#### 19E Registration\n\n If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 19F Day citizenship begins\n\n A person becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n\n#### Subdivision B—Citizenship by conferral\n\n#### 19G Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision in 7 situations:\n\n• you satisfy the general eligibility criteria and have successfully completed a citizenship test: see subsections 21(2) and (2A); or\n\n• you have a permanent or enduring physical or mental incapacity: see subsection 21(3); or\n\n• you are aged 60 or over or have a hearing, speech or sight impairment: see subsection 21(4); or\n\n• you are aged under 18: see subsection 21(5); or\n\n• you were born to a former Australian citizen: see subsection 21(6); or\n\n• you were born in Papua: see subsection 21(7); or\n\n• you are a stateless person: see subsection 21(8).\n\nYou must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.\n\nYou must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 24(3); or\n\n• national security: see subsections 24(4) to (4C); or\n\n• non‑presence in Australia: see subsection 24(5); or\n\n• offences: see subsection 24(6); or\n\n• cessation of citizenship: see subsection 24(7).\n\nYou may need to make a pledge of commitment to become an Australian citizen.\n\n#### 20 Requirements for becoming a citizen\n\n A person becomes an Australian citizen under this Subdivision if:\n (a) the Minister decides under subsection 24(1) to approve the person becoming an Australian citizen; and\n (b) if the person is required to make a pledge of commitment to become an Australian citizen—the person makes that pledge.\n\n> Note: Sections 21 to 25 deal with the Minister approving the person becoming an Australian citizen. Sections 26 and 27 deal with the making of a pledge of commitment.\n\n#### 21 Application and eligibility for citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen.\n\n> Note 1: Subsections (2) to (8) deal with eligibility.\n\n> Note 2: Section 46 sets out application requirements (which may include the payment of a fee).\n\n General eligibility\n (2) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) understands the nature of an application under subsection (1); and\n (e) possesses a basic knowledge of the English language; and\n (f) has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship; and\n (g) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (h) is of good character at the time of the Minister’s decision on the application.\n (2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if the Minister is satisfied that the following apply:\n (a) the person has sat a test approved in a determination under section 23A;\n (b) the person was eligible to sit that test (worked out in accordance with that determination);\n (c) the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination;\n (d) the person successfully completed that test (worked out in accordance with that determination) within the relevant test period.\n Permanent or enduring physical or mental incapacity\n (3) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged 18 or over at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (d) has a permanent or enduring physical or mental incapacity, at the time the person made the application, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged 60 or over or has hearing, speech or sight impairment\n (4) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is:\n (i) aged 60 or over at the time the person made the application; or\n (ii) aged 18 or over at the time the person made the application and is suffering from a permanent loss or substantial impairment of hearing, speech or sight at that time; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application; and\n (c) understands the nature of the application at the time the person made the application; and\n (d) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and\n (e) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and\n (f) is of good character at the time of the Minister’s decision on the application.\n Person aged under 18\n (5) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:\n (a) is aged under 18 at the time the person made the application; and\n (b) is a permanent resident:\n (i) at the time the person made the application; and\n (ii) at the time of the Minister’s decision on the application.\n Person born to former Australian citizen\n (6) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born outside Australia; and\n (b) a parent of the person was not an Australian citizen at the time of the person’s birth; and\n (c) the parent had ceased to be an Australian citizen under section 17 of the old Act (about dual citizenship) before that time; and\n (d) if the person is aged 18 or over at the time the person made the application—the person is of good character at the time of the Minister’s decision on the application.\n Person born in Papua\n (7) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Papua before 16 September 1975; and\n (b) a parent of the person was born in Australia (within the meaning of this Act at the time the person made the application); and\n (c) the parent was an Australian citizen at the time of the person’s birth; and\n (d) the person is of good character at the time of the Minister’s decision on the application.\n Statelessness\n (8) A person is eligible to become an Australian citizen if the Minister is satisfied that:\n (a) the person was born in Australia; and\n (b) the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (c) the person has:\n (i) never been a national of any country; and\n (ii) never been a citizen of any country; and\n (d) the person:\n (i) is not entitled to acquire the nationality of a foreign country; and\n (ii) is not entitled to acquire the citizenship of a foreign country.\n\n#### 22 General residence requirement\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:\n (a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and\n (b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and\n (c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.\n Overseas absences\n (1A) If:\n (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 12 months;\n then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.\n (1B) If:\n (a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and\n (b) the total period of the absence or absences was not more than 90 days; and\n (c) the person was a permanent resident during each period of absence;\n then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.\n Confinement in prison or psychiatric institution\n (1C) Subject to subsection (5A), the person is taken not to satisfy paragraph (1)(a) if, at any time during the 4 year period mentioned in that paragraph, the person was:\n (a) confined in a prison; or\n (b) 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.\n Partial exemption—person born in Australia or former Australian citizen\n (2) Paragraphs (1)(a) and (b) do not apply if the person:\n (a) was born in Australia; or\n (b) was an Australian citizen at any time before the person made the application.\n Ministerial discretion—administrative error\n (4A) For the purposes of paragraph (1)(b), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n (5) 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 the Minister considers the person was present in Australia during that period but, because of an administrative error, was not a permanent resident during that period.\n Ministerial discretion—confinement in prison or psychiatric institution\n (5A) The Minister may decide that subsection (1C) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—person in Australia would suffer significant hardship or disadvantage\n (6) 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:\n (a) the person was present in Australia during that period (except as a permanent resident or an unlawful non‑citizen); and\n (b) the Minister is satisfied that the person will suffer significant hardship or disadvantage if that period were not treated as one during which the person was present in Australia as a permanent resident.\n Ministerial discretion—spouse, de facto partner or surviving spouse or de facto partner of Australian citizen\n (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, the Minister may treat a period as one in which the person was present in Australia as a permanent resident if:\n (a) the person was a spouse or de facto partner of that Australian citizen during that period; and\n (b) the person was not present in Australia during that period; and\n (c) the person was a permanent resident during that period; and\n (d) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n (10) In subsection (9):\n\n> 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.\n\n Ministerial discretion—person in an interdependent relationship\n (11) If, at the time the person made the application, the person:\n (a) holds a permanent visa granted to the person because the person was in an interdependent relationship with an Australian citizen; and\n (b) is in that interdependent relationship;\n then, 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:\n (c) the person held that visa during that period and the person was in that interdependent relationship during that period; and\n (d) the person was not present in Australia during that period; and\n (e) the person was a permanent resident during that period; and\n (f) the Minister is satisfied that the person had a close and continuing association with Australia during that period.\n\n#### 22A Special residence requirement—persons engaging in activities that are of benefit to Australia\n\n (1) Subject to this section, for the purposes of section 21 a person (the applicant) satisfies the special residence requirement if:\n (a) the following apply:\n (i) the applicant is seeking to engage in an activity specified under subsection 22C(1);\n (ii) the applicant’s engagement in that activity would be of benefit to Australia;\n (iii) the applicant needs to be an Australian citizen in order to engage in that activity;\n (iv) in order for the applicant to engage in that activity, there is insufficient time for the applicant to satisfy the general residence requirement (see section 22); and\n (b) the head of an organisation specified under subsection 22C(2), or a person whom the Minister is satisfied holds a senior position in that organisation, has given the Minister a notice in writing stating that the applicant has a reasonable prospect of being engaged in that activity; and\n (c) the applicant was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the applicant made the application; and\n (d) the applicant was present in Australia for a total of at least 90 days during the period of 12 months immediately before the day the applicant made the application; and\n (e) the applicant was ordinarily resident in Australia throughout the period of 2 years immediately before the day the applicant made the application; and\n (f) the applicant was a permanent resident for the period of 2 years immediately before the day the applicant made the application; and\n (g) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 2 years immediately before the day the applicant made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the applicant if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the applicant; and\n (b) the Minister is satisfied that the applicant satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (c) the applicant was a permanent resident throughout the period of 90 days immediately before the day the applicant made the application; and\n (d) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the applicant made the application; and\n (e) the applicant has given the Minister an undertaking in a form approved by the Minister under subsection (8); and\n (f) the applicant has declared, in the undertaking, that:\n (i) if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection, the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and\n (ii) the applicant understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the applicant, then, for the purposes of section 21, the applicant is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the applicant is taken not to satisfy paragraph (1)(c) if, at any time during the 2 year period mentioned in that paragraph, the applicant was:\n (a) confined in a prison; or\n (b) 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 applicant.\n (3) The Minister may decide that subsection (2) does not apply in relation to the applicant if, taking into account the circumstances that resulted in the applicant’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the applicant.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(c), the Minister may treat a period as one in which the applicant was a permanent resident if the Minister considers that, because of an administrative error, the applicant was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(d), the Minister may treat a period as one in which the applicant was not present in Australia as an unlawful non‑citizen if the Minister considers the applicant was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(e).\n (9) If the applicant becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the applicant becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the activity covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that activity would be of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the applicant.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22B Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia\n\n (1) Subject to this section, for the purposes of section 21 a person satisfies the special residence requirement if:\n (a) at the time the person made the application, the person is engaged in work of a kind specified under subsection 22C(3) and the person is required to regularly travel outside Australia because of that work; and\n (b) the following apply:\n (i) the person was engaged in that kind of work for a total of at least 2 years during the period of 4 years immediately before the day the person made the application;\n (ii) for the whole or part of that 4 year period when the person was engaged in that kind of work, the person regularly travelled outside Australia because of that work; and\n (c) the person was present in Australia for a total of at least 480 days during the period of 4 years immediately before the day the person made the application; and\n (d) the person was present in Australia for a total of at least 120 days during the period of 12 months immediately before the day the person made the application; and\n (e) the person was ordinarily resident in Australia throughout the period of 4 years immediately before the day the person made the application; and\n (f) the person was a permanent resident for the period of 12 months immediately before the day the person made the application; and\n (g) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 4 years immediately before the day the person made the application.\n Ministerial discretion—alternative residence requirements\n (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the person if:\n (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the person; and\n (b) the Minister is satisfied that the person’s engagement in the kind of work concerned is of benefit to Australia; and\n (c) the Minister is satisfied that the person satisfies:\n (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or\n (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or\n (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and\n (d) the person was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the person made the application; and\n (e) the person was a permanent resident throughout the period of 90 days immediately before the day the person made the application; and\n (f) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the person made the application; and\n (g) the person has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the person becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection:\n (i) the person will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the person becomes an Australian citizen; and\n (ii) the person will be present in Australia for a total of at least 180 days during that 2‑year period; and\n (h) the person has declared, in the undertaking, that the person understands the effect of section 34A.\n\n> Note: See also subsections (6) to (11).\n\n (1B) If the Minister exercises the power under subsection (1A) in relation to the person, then, for the purposes of section 21, the person is taken to satisfy the special residence requirement.\n Confinement in prison or psychiatric institution\n (2) Subject to subsection (3), the person is taken not to satisfy:\n (a) paragraph (1)(c) if, at any time during the 4‑year period mentioned in that paragraph; or\n (b) paragraph (1A)(d) if, at any time during the 2‑year period mentioned in that paragraph;\n the person was:\n (c) confined in a prison; or\n (d) 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.\n (3) The Minister may decide that subsection (2) does not apply in relation to the person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.\n Ministerial discretion—administrative error\n (4) For the purposes of paragraph (1)(f) or (1A)(e), the Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period.\n (5) For the purposes of paragraph (1)(g) or (1A)(f), 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 considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.\n Rules relating to power under subsection (1A)\n (6) The power under subsection (1A) may only be exercised by the Minister personally.\n (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A), whether he or she is requested to do so by the person or by any other person, or in any other circumstances.\n (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(g).\n (9) If the person becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the person becomes an Australian citizen, a statement that:\n (a) states that the Minister has exercised the power under subsection (1A); and\n (b) states the kind of work covered by paragraph (1)(a); and\n (c) sets out the reasons for the Minister’s exercise of that power, including why the Minister considers that engagement in that kind of work is of benefit to Australia.\n (10) However, a statement under subsection (9) is not to include the name of the person.\n (11) A determination under subsection (1A) is not a legislative instrument.\n\n#### 22C Special residence requirement—legislative instruments\n\n (1) The Minister may, by legislative instrument, specify activities for the purposes of subparagraph 22A(1)(a)(i).\n (2) The Minister may, by legislative instrument, specify organisations for the purposes of paragraph 22A(1)(b).\n (3) The Minister may, by legislative instrument, specify kinds of work for the purposes of paragraph 22B(1)(a).\n\n#### 23 Defence service requirement\n\n Person who has completed relevant defence service\n (1) For the purposes of section 21, a person satisfies the defence service requirement if the person has completed relevant defence service.\n Member of family unit of person who has completed relevant defence service etc.\n (2) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person has completed relevant defence service; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) the relative holds a visa of that kind because the relative is a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n (3) If:\n (a) a person (the defence person) was granted, on or after 1 July 2007, a visa prescribed by the regulations; and\n (b) the defence person dies while undertaking service in the Permanent Forces or the Reserves; and\n (c) another person (the relative) was a member of the family unit of the defence person when the defence person was granted the visa; and\n (d) immediately before the death of the defence person, the relative held a visa of that kind because the relative was a member of the family unit of the defence person;\n the relative satisfies the defence service requirement for the purposes of section 21.\n Definitions\n (4) In this section:\n\n> member of the family unit of a person has the same meaning as in the Migration Act 1958.\n\n> Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.\n\n> relevant defence service: a person has completed relevant defence service if:\n\n (a) the person has undertaken a total of at least 90 days service in one or more of the Permanent Forces (whether or not that service was continuous); or\n (b) the person has undertaken a total of at least 90 days service on which he or she was required for, and attended and was entitled to be paid for, duty in one or more of the Reserves (whether or not that service was continuous); or\n (c) the person:\n (i) was discharged from service undertaken in one of the Permanent Forces or the Reserves as medically unfit for that service; and\n (ii) became so unfit because of service undertaken in any of the Permanent Forces or the Reserves.\n\n> Reserves means the Naval Reserve, the Army Reserve or the Air Force Reserve.\n\n> service: a person undertakes service in the Permanent Forces or the Reserves only if the person is appointed, enlisted or transferred into any of the Permanent Forces or the Reserves.\n\n> Note: For appointment, enlistment or transfer into any of the Permanent Forces or the Reserves, see the Defence Act 1903.\n\n#### 23A Citizenship test\n\n (1) The Minister must, by written determination, approve a test for the purposes of subsection 21(2A) (about general eligibility for citizenship).\n\n> Note: The test must be related to the eligibility criteria referred to in paragraphs 21(2)(d), (e) and (f).\n\n Successful completion of the test\n (2) A determination under subsection (1) must specify what amounts to successful completion of the test.\n Eligibility criteria for sitting the test\n (3) A determination under subsection (1) may set out the eligibility criteria a person must satisfy to be able to sit the test.\n\n> Note: The eligibility criteria for sitting the test cannot be inconsistent with this Act and in particular subsection 21(2) (about the general eligibility criteria for becoming an Australian citizen).\n\n (4) For the purposes of subsection (3), the determination may provide that a person is not eligible to sit the test unless the person is a permanent resident and the Minister is satisfied of the identity of the person.\n (5) Subsection (4) does not limit subsection (3).\n Period for sitting and completing the test\n (5A) A determination under subsection (1) may provide for the period within which a person must start the test and for the period within which a person must complete the test.\n Other matters\n (6) A determination under subsection (1) may cover any other matter related to the test the Minister thinks appropriate.\n Determination not a legislative instrument\n (7) A determination made under subsection (1) is not a legislative instrument.\n\n#### 24 Minister’s decision\n\n (1) If a person makes an application under section 21, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.\n\n> Note: The Minister may cancel an approval: see section 25.\n\n (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6), (7) or (8).\n (2) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6) or (7).\n (2A) If the Minister exercised the power under subsection 22A(1A) or 22B(1A) in relation to the person, the decision under subsection (1) of this section must be made by the Minister personally.\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person:\n (a) if subparagraph (4B)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (4C), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (4B)(b)(ii) applies to the person—has been convicted of a national security offence.\n (4B) A person is covered by this subsection if:\n (a) at the time the person made the application under section 21, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (4C) The Minister may decide that subparagraph (4A)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n (4D) To avoid doubt, subsection (4A) applies to a person who is eligible to become an Australian citizen under subsection 21(8).\n Person not present in Australia\n (5) If:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (aa) the Minister is satisfied that the person did not satisfy the special residence requirement referred to in section 22A or 22B; and\n (b) the Minister did not apply subsection 22(9) in relation to the person; and\n (c) the Minister did not apply subsection 22(11) in relation to the person;\n the Minister must not approve the person becoming an Australian citizen at a time when the person is not present in Australia.\n Offences\n (6) The Minister must not approve the person becoming an Australian citizen at a time:\n (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\n (b) when the person is confined to a prison in Australia; or\n (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\n (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\n (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\n (f) if the person:\n (i) has been released by a court from serving the whole or a part of a sentence of imprisonment; and\n (ii) has been so released because the person gave a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (g) if, in respect of proceedings for an offence against an Australian law in relation to the person:\n (i) a court does not impose a sentence of imprisonment on the person; and\n (ii) the court releases the person because the person gives a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour;\n during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or\n (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.\n Cessation of citizenship\n (7) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.\n Statelessness\n (8) However, subsections (6) and (7) do not apply to a person covered by subsection 21(8) (about statelessness).\n\n#### 25 Minister may cancel approval\n\n (1) The Minister may, by writing, cancel an approval given to a person under section 24 if:\n (a) the person has not become an Australian citizen under section 28; and\n (b) either of the following 2 situations apply.\n Eligibility criteria not met\n (2) The first situation applies if:\n (a) the person is covered by subsection 21(2), (3) or (4); and\n (b) the Minister is satisfied that, at the time the Minister proposes to cancel the approval, the person is:\n (i) not a permanent resident; or\n (ii) not likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia; or\n (iii) not of good character.\n Failure to make pledge of commitment\n (3) The second situation applies if:\n (a) the person has failed to make a pledge of commitment within 12 months after the day on which the person received notice of the approval; and\n (b) the person’s reason for the failure is not one that is prescribed by the regulations for the purposes of this subsection.\n Cancellation of child’s approval\n (4) If:\n (a) a child aged under 16 makes an application under section 21 at a particular time; and\n (b) 1 or more responsible parents of the child make applications under section 21 at that time; and\n (c) the Minister decides under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens; and\n (d) the Minister cancels the approval given to each responsible parent;\n the Minister must, by writing, cancel the approval given to the child.\n Effect of cancellation\n (5) If the Minister cancels an approval given to a person, the approval is taken never to have been given.\n\n> Note: A person cannot become an Australian citizen under this Subdivision unless the Minister approves the person becoming an Australian citizen. This subsection has the effect that the person will need to make another application if the person wants to become an Australian citizen.\n\n#### 26 Pledge of commitment must be made\n\n (1) A person must make a pledge of commitment to become an Australian citizen unless the person:\n (a) is aged under 16 at the time the person made the application to become an Australian citizen; or\n (b) has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person:\n (i) is not capable of understanding the nature of the application at that time; or\n (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or\n (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or\n (c) is covered by subsection 21(6), (7) or (8).\n\n> Note: See section 27 for how the pledge is to be made.\n\n (2) A person must not make a pledge of commitment before the Minister approves the person’s application to become an Australian citizen. A pledge of commitment made by the person before that time is of no effect.\n Delayed making of pledge\n (3) If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:\n (a) a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or\n (b) the person has been or may be charged with an offence under an Australian law.\n (4) The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.\n (5) The Minister may, by writing, revoke a determination.\n (6) If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. A pledge of commitment made by the person before that time is of no effect.\n\n#### 27 How pledge of commitment is to be made\n\n Form of pledge\n (1) A pledge of commitment must be made in accordance with either of the forms set out in Schedule 1.\n Prescribed arrangements\n (2) A pledge of commitment must be made in accordance with the arrangements prescribed by the regulations.\n\n> Note: The regulations may provide for a pledge of commitment to be made in public.\n\n Persons who may receive pledge\n (3) A pledge of commitment must be made before:\n (a) the Minister; or\n (b) a person authorised under subsection (4); or\n (c) a person who is included in a class of persons authorised under subsection (5).\n (4) The Minister may, by writing, authorise a person for the purposes of paragraph (3)(b).\n (5) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (3)(c).\n\n#### 28 Day citizenship begins etc.\n\n Persons required to make pledge of commitment\n (1) A person required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the person makes the pledge.\n Persons not required to make pledge of commitment\n (2) Subject to subsection (3), a person not required to make a pledge of commitment becomes an Australian citizen under this Subdivision on the day on which the Minister approves the person becoming an Australian citizen.\n Applications made at the same time by child and responsible parents\n (3) Subsection (2) does not apply to a child aged under 16 at the time the child made the application to become an Australian citizen if:\n (a) 1 or more responsible parents of the child made applications under section 21 at that time; and\n (b) the Minister decided under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens.\n (4) If 1 or more of the responsible parents become Australian citizens under this section, the child becomes an Australian citizen on the first day on which a responsible parent becomes an Australian citizen.\n\n#### Subdivision C—Resuming citizenship\n\n#### 28A Simplified outline\n\n The following is a simplified outline of this Subdivision:\n\nYou may be eligible to become an Australian citizen under this Subdivision if you ceased to be an Australian citizen under this Act or the old Act.\n\nYou must make an application to become an Australian citizen again. The Minister must approve or refuse you becoming an Australian citizen again.\n\nYou must be eligible to be an Australian citizen again to be approved. You may be refused citizenship again even if you are eligible.\n\nThe Minister may be required to refuse your application on grounds relating to:\n\n• non‑satisfaction of identity: see subsection 30(3); or\n\n• national security: see subsections 30(4) to (7).\n\nYou will be registered if the Minister approves you becoming an Australian citizen again.\n\n#### 29 Application and eligibility for resuming citizenship\n\n (1) A person may make an application to the Minister to become an Australian citizen again.\n\n> Note 1: Section 46 sets out application requirements (which may include the payment of a fee).\n\n> Note 2: The person may also apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under this Act\n (2) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 33 (about renunciation) in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (ii) section 36 (about children); and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n> Note 1: See also section 32 (which is about persons resuming their former citizenship status).\n\n> Note 2: A person who ceases to be an Australian citizen under section 34 or 34A may apply to become an Australian citizen again under Subdivision A, AA or B.\n\n Cessation under old Act\n (3) A person is eligible to become an Australian citizen again under this Subdivision if:\n (a) the person ceased to be an Australian citizen under:\n (i) section 17 (about dual citizenship) of the old Act; or\n (ii) section 18 (about renunciation) of the old Act in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or\n (iii) section 20 (about residence outside Australia) of the old Act; or\n (iv) section 23 (about children) of the old Act; and\n (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.\n\n#### 30 Minister’s decision\n\n (1) If a person makes an application under section 29, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen again.\n (1A) The Minister must not approve the person becoming an Australian citizen again unless the person is eligible to become an Australian citizen again under subsection 29(2) or (3).\n (2) The Minister may refuse to approve the person becoming an Australian citizen again despite the person being eligible to become an Australian citizen again under subsection 29(2) or (3).\n Identity\n (3) The Minister must not approve the person becoming an Australian citizen again unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n National security\n (4) If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).\n (5) If the person is covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again if the person:\n (a) if subparagraph (6)(b)(i) applies to the person:\n (i) has been convicted of a national security offence; or\n (ii) subject to subsection (7), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or\n (b) if subparagraph (6)(b)(ii) applies to the person—has been convicted of a national security offence.\n (6) A person is covered by this subsection if:\n (a) at the time the person made the application under section 29, the person:\n (i) is not a national of any country; and\n (ii) is not a citizen of any country; and\n (b) either:\n (i) the person was born in Australia; or\n (ii) the person was born outside Australia and, at the time of the person’s birth, the person had a parent who was an Australian citizen.\n (7) The Minister may decide that subparagraph (5)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.\n\n#### 31 Registration\n\n If the Minister approves the person becoming an Australian citizen again, the Minister must register the person in the manner prescribed by the regulations.\n\n#### 32 Day citizenship begins again etc.\n\n (1) A person becomes an Australian citizen again on the day on which the Minister approves the person becoming an Australian citizen again.\n Same kind of citizenship—former citizen under this Act\n (2) If the person, before ceasing to be an Australian citizen, was an Australian citizen under Subdivision A, AA or B, the person becomes an Australian citizen again under that Subdivision.\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n Same kind of citizenship—former citizen under old Act\n (3) If the person, before ceasing to be an Australian citizen, was an Australian citizen under the provision set out in column 2 of the following table, the person becomes an Australian citizen again under the provision set out in column 3 of the table.\n\n```html\n

Same kind of citizenship

Column 1
Item

Column 2
Provision under which person was a citizen

Column 3
Provision under which person becomes a citizen again

1

Section 10B, 10C or 11 of the old Act

Subdivision A of this Division

2

Division 2 of Part III of the old Act

Subdivision B of this Division

\n```\n\n> Note: One of the effects of this subsection is that the Minister is able to revoke the person’s citizenship: see section 34.\n\n### Division 3—Cessation of Australian citizenship\n\n#### Subdivision A—Simplified outline of this Division\n\n#### 32A Simplified outline of this Division\n\n The following is a simplified outline of this Division:\n\nThere are 5 ways in which you can cease to be an Australian citizen:\n\n• you may renounce your Australian citizenship: see section 33; or\n\n• 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\n\n• 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\n\n• if you are the child of a responsible parent who ceases to be an Australian citizen, the Minister can revoke your citizenship in some situations: see section 36; or\n\n• if you are convicted of certain offences and an order is made by a court that you cease to be an Australian citizen: see Subdivision C (citizenship cessation).\n\n#### Subdivision B—Citizenship renunciation and revocation\n\n#### 33 Renunciation by application\n\n (1) A person may make an application to the Minister to renounce the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Minister’s decision\n (2) The Minister must, by writing, approve or refuse to approve the person renouncing his or her Australian citizenship.\n (3) Subject to this section, the Minister must approve the person renouncing his or her Australian citizenship if the Minister is satisfied that:\n (a) the person is aged 18 or over, and is a national or citizen of a foreign country, at the time the person made the application; or\n (b) the person was born, or is ordinarily resident, in a foreign country and is not entitled, under the law of that country, to acquire the nationality or citizenship of that country because the person is an Australian citizen.\n (4) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n (5) The Minister may refuse to approve the person renouncing his or her Australian citizenship if the person:\n (a) is a national or citizen of a foreign country at the time the person made the application; and\n (b) made the application during a war in which Australia is engaged.\n (6) The Minister must not approve the person renouncing his or her Australian citizenship if the Minister considers that it would not be in the interests of Australia to do so.\n (7) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person:\n (a) is a national or citizen of a foreign country immediately before the Minister’s decision on the application; or\n (b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval.\n Time citizenship ceases\n (8) If the Minister approves a person renouncing his or her Australian citizenship, the person ceases to be an Australian citizen at the time of the approval.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 34 Revocation by Minister—offences or fraud\n\n Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision A or AA of Division 2 (including because of the operation of section 32); and\n (b) either of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n Citizenship by conferral\n (2) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2 (including because of the operation of section 32); and\n (b) any of the following apply:\n (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen;\n (ii) the person has, at any time after making the application to become an Australian citizen, been convicted of a serious offence within the meaning of subsection (5);\n (iii) the person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud within the meaning of subsection (6);\n (iv) the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and\n (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.\n (3) However, the Minister must not decide under subsection (2) to revoke a person’s Australian citizenship if:\n (a) the Minister may revoke the person’s Australian citizenship under that subsection only because of the application of subparagraph (2)(b)(ii); and\n (b) 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.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n Serious offence\n (5) For the purposes of this section, a person has been convicted of a serious offence if:\n (a) the person has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to death or to a serious prison sentence; and\n (b) the person committed the offence at any time before the person became an Australian citizen.\n Migration‑related fraud\n (6) For the purposes of this section, a person obtained the Minister’s approval to become an Australian citizen as a result of migration‑related fraud if and only if:\n (a) at any time, the person was convicted of an offence against:\n (i) section 234, 236 or 243, or former section 244 (as in force before its repeal by the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008), of the Migration Act 1958; or\n (ii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n that the person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the person’s entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia.\n (7) Subsection (6) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident.\n Third‑party fraud\n (8) For the purposes of this section, a person (the applicant) obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud if and only if:\n (a) at any time, another person was convicted of an offence against section 50 of this Act, or section 134.1, 135.2, 135.4, 136.1, 137.1, 137.2, 139.1, 141.1, 142.1, 142.2, 144.1, 145.1, 145.2, 145.4, 145.5 or 149.1 of the Criminal Code, that the other person committed at any time before the Minister gave the approval; and\n (b) the act or omission that constituted the offence was connected with the Minister approving the applicant becoming an Australian citizen.\n Charge proved but no conviction\n (9) A reference in this section to a conviction of an offence:\n (a) in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; and\n (b) in relation to a law of a State or Territory or a foreign country—includes a reference to the making of an order under the corresponding provision of a law of the State or Territory or foreign country in relation to the offence.\n\n#### 34A Revocation by Minister—special residence requirements\n\n (1) The Minister may, by writing, revoke a person’s Australian citizenship if:\n (a) the person is an Australian citizen under Subdivision B of Division 2; and\n (b) the person became an Australian citizen in circumstances where the Minister exercised the power under subsection 22A(1A) or 22B(1A); and\n (c) in a case in which the power was exercised under subsection 22A(1A)—the Minister is satisfied that the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; and\n (d) in a case in which the power was exercised under subsection 22B(1A)—the Minister is satisfied that:\n (i) the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; or\n (ii) the person will not be, or was not, present in Australia for a total of at least 180 days during that 2‑year period.\n (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.\n (3) The power under subsection (1) may only be exercised by the Minister personally.\n Time citizenship ceases\n (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.\n\n> Note: A child of the person may also cease to be an Australian citizen: see section 36.\n\n#### 36 Children of responsible parents who cease to be citizens\n\n (1) If:\n (a) a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and\n (b) at the cessation time, the person is a responsible parent of a child aged under 18;\n then:\n (c) the Minister may, by writing, revoke the child’s Australian citizenship; and\n (d) if the Minister does so—the child ceases to be an Australian citizen at the time of the revocation.\n Exception—another responsible parent\n (2) If, at the cessation time, another responsible parent of the child is an Australian citizen, subsection (1) does not apply to the child:\n (a) while there is a responsible parent who is an Australian citizen; and\n (b) if there ceases to be such a responsible parent because of the death of a responsible parent—at any time after that death.\n Exception—statelessness\n (3) The Minister must not revoke a child’s Australian citizenship under subsection (1) if the Minister is satisfied that the child would then become a person who is not a national or citizen of any country.\n\n#### Subdivision C—Citizenship cessation\n\n#### 36A Purpose of this Subdivision\n\n This Subdivision is enacted because the Parliament recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia.\n\n#### 36B Cessation of citizenship if citizenship cessation order made by court etc.\n\n (1) Subject to this section, if an order is made under subsection 36C(1) in relation to a person, the person ceases to be an Australian citizen at the time the order is made.\n Order overturned or quashed\n (2) If a decision of a court overturns or quashes the order made under subsection 36C(1), the person’s citizenship is taken never to have ceased under subsection (1) of this section.\n (3) The validity of anything done in reliance on the order made under subsection 36C(1) before the order was overturned or quashed is not affected.\n Appeal decision\n (4) If:\n (a) a decision (the first decision) of a court overturning or quashing the order made under subsection 36C(1) in relation to the person is appealed; and\n (b) the decision (the second decision) on appeal overturns or quashes the first decision;\n the person ceases to be an Australian citizen at the time the second decision is made.\n\n#### 36C Citizenship cessation order if person is convicted of serious offence\n\n (1) If:\n (a) a person is convicted of one or more serious offences; and\n (b) the court has decided to impose on the person, in respect of the conviction or convictions, a period of imprisonment that is at least 3 years or periods of imprisonment that total at least 3 years; and\n (c) before the court imposes the sentence or sentences on the person in respect of the conviction or convictions, the Minister makes an application under subsection 36D(1) for an order to be made under this subsection in relation to the person; and\n (d) the court is satisfied of the matters specified in subsection (4) of this section;\n the court may, when imposing such a period or periods of imprisonment on the person in respect of the conviction or convictions, also order at that time as part of the sentence or sentences that the person ceases to be an Australian citizen.\n\n> Note: Subsections (5) and (6) set out, without limitation, matters the court must have regard to in deciding whether to make an order under this subsection.\n\n (2) However, the court must not make an order under subsection (1) in relation to the person if the court is satisfied that the person would, if the court were to make the order, become a person who is not a national or citizen of any country.\n Serious offence\n (3) A serious offence is an offence against any of the following provisions:\n (a) a provision of Subdivision A of Division 72 of the Criminal Code (explosives and lethal devices);\n (b) a provision of Subdivision B of Division 80 of the Criminal Code (treason);\n (c) section 83.1 of the Criminal Code (advocating mutiny);\n (d) a provision of Division 91 of the Criminal Code (espionage);\n (e) a provision of Division 92 of the Criminal Code (foreign interference);\n (f) a provision of Part 5.3 of the Criminal Code (terrorism), other than the following provisions:\n (i) section 102.8;\n (ii) Division 104;\n (iii) Division 105;\n (iv) section 105A.7D;\n (v) section 105A.18B;\n (fa) a provision of Part 5.3A of the Criminal Code (state sponsors of terrorism), other than section 112.7;\n (g) a provision of Part 5.5 of the Criminal Code (foreign incursions and recruitment).\n Court to be satisfied of certain matters etc.\n (4) For the purposes of paragraph (1)(d), the matters are the following:\n (a) the person is aged 14 or over;\n (b) the person is an Australian citizen;\n (c) the person’s conduct to which the conviction or convictions relate is so serious and significant that it demonstrates that the person has repudiated their allegiance to Australia.\n (5) In deciding whether the court is satisfied of the matter referred to in paragraph (4)(c) in relation to the person’s conduct, the court must have regard to the following matters:\n (a) whether the conduct to which the conviction or convictions relate demonstrates a repudiation of the values, democratic beliefs, rights and liberties that underpin Australian society;\n (b) the degree, duration or scale of the person’s commitment to, or involvement in, the conduct to which the conviction or convictions relate;\n (c) the intended scale of the conduct to which the conviction or convictions relate;\n (d) the actual impact of the conduct to which the conviction or convictions relate;\n (e) whether the conduct to which the conviction or convictions relate caused, or was intended to cause, harm to human life or a loss of human life.\n (6) In deciding whether to make an order under subsection (1) in relation to the person, the court must have regard to the following matters:\n (a) if the person is a child aged under 18—the best interests of the child;\n (b) if the person has any dependent children in Australia—the best interests of those children;\n (c) the person’s connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person.\n (7) Subsection (6) does not limit the matters to which the court may have regard in deciding whether to make an order under subsection (1) in relation to the person.\n Concurrent sentences\n (8) If:\n (a) a person has been convicted of 2 or more serious offences; and\n (b) a court has decided to impose on the person, in respect of the conviction or convictions, 2 or more periods of imprisonment to be served concurrently (whether in whole or in part);\n then, for the purposes of subsection (1), the whole of each period is to be counted in working out the total of those periods.\n\n> Note: Example: A person is convicted of 2 serious offences and a court has decided to impose on the person in respect of the convictions 2 periods of 2 years imprisonment to be served concurrently. For the purposes of subsection (1), the total period of imprisonment is 4 years.\n\n References to period of imprisonment\n (9) For the purposes of subsection (1):\n (a) a reference to a period of imprisonment in that subsection does not include a period of imprisonment that is suspended; and\n (b) a reference to a period of imprisonment in that subsection includes a reference to a single sentence of imprisonment that a court has decided to impose in respect of both one or more serious offences and one or more other offences.\n Other matters\n (10) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n (11) Part IB of the Crimes Act 1914 (which deals with sentencing, imprisonment and release of federal offenders) does not apply in relation to an order under this section.\n\n#### 36D Application by the Minister for a citizenship cessation order\n\n (1) The Minister may make an application for an order to be made by a court under subsection 36C(1) in relation to a person.\n (2) The application may be made before or after the person is convicted of one or more serious offences but must be made before the person is sentenced.\n Consultation with the Foreign Affairs Minister\n (3) Before the Minister makes the application, the Minister must consult the Foreign Affairs Minister.\n Matters relating to the application\n (4) The application must include the following matters:\n (a) information about the person’s age;\n (b) information about the person’s Australian citizenship;\n (c) information about the person’s nationality or citizenship of other countries.\n (5) The application:\n (a) must be made in the jury’s absence; and\n (b) must not be referred to in the presence of the jury; and\n (c) must only be heard after the person is convicted of one or more serious offences.\n Notice of application\n (6) The Minister must give the person written notice of the application as soon as practicable after the application is made. The Minister may also give written notice of the application to such other persons as the Minister considers appropriate.\n (7) Section 47 (notification of decisions) does not apply to a decision of the Minister to make the application.\n Australian citizens to which this section applies\n (8) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).\n\n#### 36L No resumption of citizenship if citizenship ceases under this Subdivision\n\n If a person ceases to be an Australian citizen under this Subdivision, Divisions 1 and 2 of this Part do not apply in relation to the person after that cessation.\n\n> Note: See section 36B for when a person ceases to be an Australian citizen.\n\n### Division 4—Evidence of Australian citizenship\n\n#### 37 Evidence of Australian citizenship\n\n (1) A person may make an application to the Minister for evidence of the person’s Australian citizenship.\n\n> Note: Section 46 sets out application requirements (which may include the payment of a fee).\n\n Notice\n (2) The Minister may give the person a notice stating that the person is an Australian citizen at a particular time.\n (3) The notice must:\n (a) be in a form prescribed by the regulations; and\n (b) contain any other matter prescribed by the regulations.\n Identity\n (4) The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the person.\n\n> Note: Division 5 contains the identity provisions.\n\n Evidentiary status\n (5) A notice is prima facie evidence of the matters in the notice.\n Cancellation\n (6) The Minister may, by writing, cancel a notice given to a person under this section.\n\n#### 38 Surrender of physical evidentiary notice\n\n Request for surrender\n (1) If:\n (a) the Minister makes a decision under section 34 or 34A to revoke a person’s Australian citizenship; and\n (b) at the time of the revocation, there is in force a notice under section 37 in relation to the person; and\n (c) the notice was given to the person in a physical form;\n the Minister may request the person to surrender the notice to the Minister.\n (2) If the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37 and the notice was given to the person in a physical form, the Minister may request the person to surrender the notice to the Minister.\n Form of request\n (3) A request given to a person under subsection (1) or (2) must:\n (a) be made in writing; and\n (b) specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and\n (c) specify how the person is to surrender the notice to the Minister; and\n (d) contain a statement to the effect that a failure to comply with the request is an offence.\n Offence\n (4) A person commits an offence if:\n (a) the person is given a request that is in accordance with this section; and\n (b) the person fails to comply with the request.\n\nPenalty for contravention of this subsection: 10 penalty units.\n\n#### 39 Altering evidentiary notice\n\n A person commits an offence if:\n (a) the person alters, or causes or permits to be altered, a notice; and\n (b) the notice was given to a person under section 37.\n\nPenalty: Imprisonment for 12 months.\n\n### Division 5—Personal identifiers\n\n#### Subdivision A—Obtaining personal identifiers\n\n#### 40 Request for personal identifiers\n\n (1) For the purposes of the Minister being satisfied of the identity of:\n (a) a person in relation to an application under this Part; or\n (b) a person who has sought to sit a test approved in a determination under section 23A;\n the following persons may request the person, in writing, to provide one or more specified personal identifiers:\n (c) the Minister;\n (d) a person authorised under subsection (3);\n (e) a person who is included in a class of persons authorised under subsection (4).\n Form of request\n (2) A request must inform the person of the matters prescribed by the regulations.\n Authorisations\n (3) The Minister may, by writing, authorise a person for the purposes of paragraph (1)(d).\n (4) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (1)(e).\n\n#### 41 Provision of personal identifiers\n\n The regulations may prescribe the procedures and requirements that apply to the provision of a personal identifier by a person under this Division.\n\n#### Subdivision B—Obligations relating to identifying information\n\n#### 42 Accessing identifying information\n\n (1) A person commits an offence if:\n (a) the person accesses identifying information; and\n (b) the person is not authorised under this section to access the identifying information for the purpose for which the person accessed it.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) This section does not apply if the person believes on reasonable grounds that the access is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n (2) This section does not apply if the access is through:\n (a) a disclosure that is a permitted disclosure within the meaning of section 43; or\n (b) a disclosure to which section 43 does not apply because of the operation of subsection 43(1A).\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Authorisation\n (3) The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.\n (4) The Minister must specify in an authorisation under subsection (3), as the purpose or purposes for which access is authorised, one or more of the following purposes:\n (a) either or both of the purposes set out in paragraph 10(2)(c);\n (b) disclosing identifying information in accordance with this Division;\n (c) administering or managing the storage of identifying information;\n (d) making identifying information available to the person to whom it relates;\n (e) modifying identifying information to enable it to be matched with other identifying information;\n (f) modifying identifying information in order to correct errors or ensure compliance with appropriate standards;\n (g) the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act;\n (h) complying with Australian laws.\n\n#### 43 Disclosing identifying information\n\n (1) A person commits an offence if:\n (a) the person’s conduct causes disclosure of identifying information; and\n (b) the disclosure is not a permitted disclosure.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n (1A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure;\n this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person.\n\n> Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n> Note 2: Australian Privacy Principle 6 may apply to further disclosures of that identifying information by a person who is not an entrusted person.\n\n (1B) This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).\n\n (2) A permitted disclosure is a disclosure that:\n (b) is for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; or\n (c) is for the purpose of administering or managing the storage of identifying information; or\n (d) is for the purpose of making the identifying information in question available to the person to whom it relates; or\n (da) is to an agency of the Commonwealth, a State or a Territory in order to verify that a person is an Australian citizen; or\n (e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or\n (ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth, a State or a Territory; or\n (eb) is required by an Australian law; or\n (f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or\n (g) is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or\n (h) takes place with the written consent of the person to whom the identifying information in question relates.\n\n#### 44 Unauthorised modification or impairment of identifying information\n\n Unauthorised modification\n (1) A person commits an offence if:\n (a) the person causes any unauthorised modification of identifying information; and\n (b) the person intends to cause the modification; and\n (c) the person knows that the modification is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Unauthorised impairment\n (2) A person commits an offence if:\n (a) the person causes any unauthorised impairment of:\n (i) the reliability of identifying information; or\n (ii) the security of the storage of identifying information; or\n (iii) the operation of a system by which identifying information is stored; and\n (b) the person intends to cause the impairment; and\n (c) the person knows that the impairment is unauthorised.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n Exception\n (2A) If:\n (a) a disclosure of identifying information is made to a person who is not an entrusted person; and\n (b) the disclosure is a permitted disclosure within the meaning of section 43;\n this section does not apply in relation to any modification or impairment of that identifying information by a person who is not an entrusted person.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n Interpretation\n (3) In this section:\n (a) modification of identifying information; or\n (b) impairment of the reliability of identifying information; or\n (c) impairment of the security of the storage of identifying information; or\n (d) impairment of the operation of a system by which identifying information is stored;\n by a person is unauthorised if the person is not entitled to cause that modification or impairment.\n (4) Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.\n (5) For the purposes of this section, a person causes any such unauthorised modification or impairment if the person’s conduct substantially contributes to it.\n (6) For the purposes of subsection (3), if:\n (a) a person causes any modification or impairment of a kind mentioned in that subsection; and\n (b) the person does so under a warrant issued under an Australian law;\n the person is entitled to cause that modification or impairment.\n\n#### 45 Destroying identifying information\n\n (1) A person commits an offence if:\n (a) the person is the responsible person for identifying information; and\n (b) the person fails to destroy the identifying information as soon as practicable after the person is no longer required under the Archives Act 1983 to keep the identifying information.\n\nPenalty: Imprisonment for 2 years, or 120 penalty units, or both.\n\n> Note: See section 24 of the Archives Act 1983 on the obligation to keep the identifying information.\n\n (2) This section does not apply if the identifying information is:\n (a) a personal identifier that is any of the following:\n (i) a measurement of a person’s height and weight;\n (ii) a photograph or other image of a person’s face;\n (iii) a person’s signature; or\n (b) identifying information derived from or relating to such a personal identifier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n Definitions\n (3) For the purposes of this section, the responsible person for identifying information is:\n (a) if the identifying information is stored on a database—the person who has day‑to‑day control of the database; or\n (b) otherwise—the person who has day‑to‑day responsibility for the system under which the identifying information is stored.\n (4) For the purposes of this section, identifying information is destroyed if:\n (a) in the case of identifying information that is a personal identifier—it is physically destroyed; and\n (b) in any other case—any means of identifying it with the person to whom it relates is destroyed.\n (5) For the purposes of this section, a database is a discrete body of information stored by electronic means, containing:\n (a) indexes of persons who have provided personal identifiers in accordance with a request under this Division; and\n (b) their identifying information.\n\n## Part 3—Other matters\n\n### Division 1—Bogus documents\n\n#### 45A Prohibition on, and forfeiture of, bogus documents\n\n (1) A person (whether a citizen or non‑citizen) must not give a bogus document to the Minister, a person acting under a delegation or authorisation of the Minister, a tribunal or any other person or body performing a function or purpose under, or in relation to, this Act (the official), or cause such a document to be so given.\n (2) A bogus document given in contravention of subsection (1) is forfeited to the Commonwealth.\n\n#### 45B Seizure of bogus documents\n\n (1) If the Minister reasonably suspects that a document is forfeited under subsection 45A(2), then the Minister may seize the document.\n (2) As soon as practicable after seizing the document, the Minister must give written notice of the seizure to the person who gave the document to the official under subsection 45A(1).\n (3) The notice must:\n (a) identify the document; and\n (b) state that the document has been seized; and\n (c) specify the reason for the seizure; and\n (d) state that the document will be condemned as forfeited unless the person institutes proceedings against the Commonwealth before the end of the period specified in the notice:\n (i) to recover the document; or\n (ii) for a declaration that the document is not forfeited.\n (4) For the purposes of paragraph (3)(d), the period must:\n (a) start on the date of the notice; and\n (b) end 90 days after that date.\n\n#### 45C Document condemned as forfeited\n\n (1) If a document is seized under subsection 45B(1), then:\n (a) the person who gave the document to the official under subsection 45A(1); and\n (b) if that person is not the owner of the document—the owner;\n may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction:\n (c) to recover the document; or\n (d) for a declaration that the document is not forfeited.\n (2) The proceedings:\n (a) may be instituted even if the seizure notice required to be given under subsection 45B(2) in relation to the document has not yet been given; and\n (b) may only be instituted before the end of the period specified in the seizure notice.\n (3) If, before the end of the period specified in the seizure notice, the person or owner does not institute the proceedings, the document is condemned as forfeited to the Commonwealth immediately after the end of that period.\n (4) If, before the end of the period specified in the seizure notice, the person or owner does institute the proceedings, the document is condemned as forfeited to the Commonwealth at the end of the proceedings unless there is:\n (a) an order for the person or owner to recover the document; or\n (b) a declaration that the document is not forfeited.\n (5) For the purposes of subsection (4), if the proceedings go to judgment, they end:\n (a) if no appeal against the judgment is lodged within the period for lodging such an appeal—at the end of that period; or\n (b) if an appeal against the judgment is lodged within that period—when the appeal lapses or is finally determined.\n\n#### 45D Dealing with a document after it is condemned as forfeited\n\n (1) If, under section 45C, a document is condemned as forfeited to the Commonwealth, it must be dealt with or disposed of (including by being given to another person) in accordance with any direction given by the Minister.\n (2) If the Minister considers that the document may be relevant to proceedings in a court or tribunal, then the Minister:\n (a) must give a direction for the safe keeping of the document; and\n (b) must authorise access to the document for the purposes of those proceedings.\n (3) A direction given under this section is not a legislative instrument.\n\n### Division 2—Other\n\n#### 46 Application requirements\n\n (1) An application under a provision of this Act must:\n (a) be on the relevant form approved by the Minister for the purposes of that provision; and\n (b) contain the information required by the form; and\n (c) be accompanied by any other information or documents prescribed by the regulations; and\n (d) be accompanied by the fee (if any) prescribed by the regulations.\n (1AA) However, paragraphs (1)(a) and (b) do not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed by the regulations; and\n (b) contains the information prescribed by the regulations.\n (1A) For applications made under section 21 by persons who, in order to be eligible to become an Australian citizen under subsection 21(2), must have sat a test approved in a determination under section 23A, the fee prescribed by the regulations may include a component that relates to the sitting of that test.\n Approval of forms\n (2) The Minister may, by writing, approve one or more forms for the purposes of a provision of this Act under which an application may be made.\n\n> Note: For example, there are 2 ways to become an Australian citizen by descent under section 16\\. The Minister may approve 1 form for the purposes of that section or may approve 2 different forms.\n\n Children aged under 16\n (2A) An application under a provision of this Act by a child aged under 16 must be set out:\n (a) on a form that contains no other application; or\n (b) on a form that also contains an application by 1 responsible parent of the child.\n (2B) However, subsection (2A) does not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed under paragraph (1AA)(a) of this section; and\n (b) contains the information prescribed under paragraph (1AA)(b) of this section.\n Remission, refund or waiver of fees\n (3) The regulations may make provision for and in relation to the remission, refund or waiver of any fees of a kind referred to in paragraph (1)(d).\n\n#### 47 Notification of decisions\n\n (1) If the Minister makes a decision under this Act in relation to a person, the Minister must give the person notice of the decision.\n Child\n (2) If the person is a child, the Minister satisfies the requirement in subsection (1) if the Minister gives a parent of the child notice of the decision.\n Reasons for adverse decision\n (3) If the decision is an adverse decision, the notice must include the reasons for the decision.\n Form of notice\n (4) The Minister must give the notice in the manner prescribed by the regulations (which includes electronic form).\n Procedural defect does not affect validity of decision\n (5) A failure to comply with subsection (3) or (4) does not affect the validity of the decision.\n\n#### 48 Computerised decision‑making\n\n Computer‑based decisions\n (1) The Minister may, by writing, arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under this Act or the regulations:\n (a) make a decision; or\n (b) exercise any power or comply with any obligation; or\n (c) do anything else related to making a decision or exercising a power or complying with an obligation.\n (2) The Minister is taken to have:\n (a) made a decision; or\n (b) exercised a power or complied with an obligation; or\n (c) done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;\n that was made, exercised, complied with or done by the operation of a computer program under such an arrangement.\n Minister may substitute his or her own decision\n (3) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under such an arrangement if:\n (a) a notice under section 49 relates to the computer program and to the initial decision; and\n (b) the notice states that the computer program was not functioning correctly; and\n (c) the substituted decision could have been made under the same provision of this Act or the regulations as the initial decision; and\n (d) the substituted decision is more favourable to the applicant.\n (4) The Minister does not have a duty to consider whether to exercise the power under subsection (3) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (5) Subsection (3) has effect despite any law of the Commonwealth, or any rule of common law, to the contrary effect.\n Exceptions\n (5A) This section does not apply in relation to anything done under Subdivision C of Division 3 of Part 2 (citizenship cessation).\n Arrangement not a legislative instrument\n (6) An arrangement under subsection (1) is not a legislative instrument.\n\n#### 49 Evidence of whether computer program is functioning correctly\n\n Issue of notices\n (1) In citizenship proceedings, a notice signed by an authorised person stating whether or not a specified computer program was functioning correctly:\n (a) at a specified time or during a specified period; and\n (b) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 48(1);\n is prima facie evidence of the matters stated in the notice.\n Ministerial authorisations\n (2) The Minister may, by writing, authorise a person to issue notices under this section.\n (3) The Minister may, by legislative instrument, authorise a class of persons to issue notices under this section.\n Definitions\n (4) In this section:\n\n> authorised person means:\n\n (a) an APS employee in the Department; or\n (b) a person authorised under subsection (2) to issue notices under this section; or\n (c) any person who is included in a class of persons authorised under subsection (3) to issue notices under this section.\n\n> citizenship proceedings means:\n\n (a) proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or\n (b) proceedings that relate to an application for review under section 52.\n\n> functioning correctly: a computer program is functioning correctly if:\n\n (a) outcomes from its operation comply with this Act and the regulations; and\n (b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.\n\n#### 50 False statements or representations\n\n (1) A person commits an offence if:\n (a) the person makes, or causes or permits to be made, a representation or statement; and\n (b) the person does so knowing that the representation or statement is false or misleading in a material particular; and\n (c) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n (2) A person commits an offence if:\n (a) the person conceals, or causes or permits to be concealed, a material circumstance; and\n (b) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n#### 51 Geographical jurisdiction for offences\n\n Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act.\n\n#### 51A Things seized under Crimes Act search warrant and information about such things\n\n (1) This section applies to the following:\n (a) a thing seized (warrant material) under a search warrant issued under Division 2 of Part 1AA of the Crimes Act 1914;\n (b) information (warrant information) that is about, or obtained from, warrant material.\n (2) A constable or Commonwealth officer who, under subsection 3ZQU(1) of the Crimes Act 1914, may use or make available warrant material, is authorised to make available warrant material or warrant information:\n (a) to a person covered by subsection (4); and\n (b) for a purpose mentioned in subsection (3).\n (3) A person covered by subsection (4) is authorised to receive and use warrant material and warrant information, or make it available to another person covered by subsection (4), for the following purposes:\n (a) making a decision, or assisting in making a decision, to approve or refuse to approve a person becoming an Australian citizen;\n (b) making a decision, or assisting in making a decision, to revoke a person’s Australian citizenship;\n (c) making a decision, or assisting in making a decision, to cancel an approval given to a person under section 24.\n\n> Note: Subsection 3ZQU(4) of the Crimes Act 1914 contemplates that another law of the Commonwealth may require or authorise the use or making available of a document or other thing to persons, or for purposes, in addition to those listed in subsection 3ZQU(1) of that Act.\n\n (4) The following persons are covered by this subsection:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department whose duties include making decisions, or assisting in making decisions, in relation to Australian citizenship.\n\n#### 51B Reports to Parliament\n\n (1) As soon as practicable after a reporting period ends, the Minister must table a report in each House of the Parliament that sets out the number of applications made under section 36D to which both of the following apply:\n (a) the applications were made during the reporting period to which the report relates or during an earlier reporting period;\n (b) the applications relate to persons who, during the reporting period to which the report relates, were convicted and sentenced for one or more serious offences.\n (2) The report must not contain information, or content of a document, if:\n (a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010); or\n (b) the disclosure of the information or content would or might prejudice:\n (i) the security, defence or international relations of Australia; or\n (ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions; or\n (c) the disclosure of the information or content would or might endanger a person’s safety; or\n (d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.\n (3) In this section:\n\n> reporting period means:\n\n (a) the period of 12 months beginning on the day the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 commences; or\n (b) each subsequent 12‑month period.\n\n#### 52 Review of decisions\n\n (1) An application may be made to the Administrative Review Tribunal for review of the following decisions:\n (a) a decision under section 17 to refuse to approve a person becoming an Australian citizen;\n (aa) a decision under section 19D to refuse to approve a person becoming an Australian citizen;\n (b) a decision under section 24 to refuse to approve a person becoming an Australian citizen;\n (c) a decision under section 25 to cancel an approval given to a person under section 24;\n (d) a decision under section 30 to refuse to approve a person becoming an Australian citizen again;\n (e) a decision under section 33 to refuse to approve a person renouncing his or her Australian citizenship, except a refusal because of the operation of subsection 33(5) (about war);\n (f) a decision under section 34 or subsection 36(1) to revoke a person’s Australian citizenship;\n (g) a decision under section 37 to refuse to give a person a notice stating that the person is an Australian citizen at a particular time.\n Citizenship by conferral decision\n (2) However, if:\n (a) the Minister makes a decision under section 24 to refuse to approve a person becoming an Australian citizen; and\n (b) the Minister’s reasons for the decision did not refer to the eligibility ground in subsection 21(8) (about statelessness); and\n (c) the person was aged 18 or over at the time the person made the application to become an Australian citizen;\n a person (the applicant) cannot apply for review of that decision unless the applicant is a permanent resident.\n (3) For the purposes of the Administrative Review Tribunal reviewing a decision of a kind referred to in paragraph (1)(b):\n (a) the Tribunal must not exercise the power under subsection 22A(1A) or 22B(1A); and\n (b) the Tribunal must not review any exercise of the power or any failure to exercise the power.\n\n#### 53 Delegation\n\n (1) The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act or the regulations.\n (2) However, subsection (1) does not apply in relation to the function under subsection 23A(1) (about approval of citizenship test) or the power under section 36D (about application for citizenship cessation order).\n\n#### 54 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":85},{"sectionNumber":"45A","sectionType":"section","heading":"Prohibition on, and forfeiture of, bogus documents","content":"#### 45A Prohibition on, and forfeiture of, bogus documents\n\n (1) A person (whether a citizen or non‑citizen) must not give a bogus document to the Minister, a person acting under a delegation or authorisation of the Minister, a tribunal or any other person or body performing a function or purpose under, or in relation to, this Act (the official), or cause such a document to be so given.\n (2) A bogus document given in contravention of subsection (1) is forfeited to the Commonwealth.","sortOrder":87},{"sectionNumber":"45B","sectionType":"section","heading":"Seizure of bogus documents","content":"#### 45B Seizure of bogus documents\n\n (1) If the Minister reasonably suspects that a document is forfeited under subsection 45A(2), then the Minister may seize the document.\n (2) As soon as practicable after seizing the document, the Minister must give written notice of the seizure to the person who gave the document to the official under subsection 45A(1).\n (3) The notice must:\n (a) identify the document; and\n (b) state that the document has been seized; and\n (c) specify the reason for the seizure; and\n (d) state that the document will be condemned as forfeited unless the person institutes proceedings against the Commonwealth before the end of the period specified in the notice:\n (i) to recover the document; or\n (ii) for a declaration that the document is not forfeited.\n (4) For the purposes of paragraph (3)(d), the period must:\n (a) start on the date of the notice; and\n (b) end 90 days after that date.","sortOrder":88},{"sectionNumber":"45C","sectionType":"section","heading":"Document condemned as forfeited","content":"#### 45C Document condemned as forfeited\n\n (1) If a document is seized under subsection 45B(1), then:\n (a) the person who gave the document to the official under subsection 45A(1); and\n (b) if that person is not the owner of the document—the owner;\n may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction:\n (c) to recover the document; or\n (d) for a declaration that the document is not forfeited.\n (2) The proceedings:\n (a) may be instituted even if the seizure notice required to be given under subsection 45B(2) in relation to the document has not yet been given; and\n (b) may only be instituted before the end of the period specified in the seizure notice.\n (3) If, before the end of the period specified in the seizure notice, the person or owner does not institute the proceedings, the document is condemned as forfeited to the Commonwealth immediately after the end of that period.\n (4) If, before the end of the period specified in the seizure notice, the person or owner does institute the proceedings, the document is condemned as forfeited to the Commonwealth at the end of the proceedings unless there is:\n (a) an order for the person or owner to recover the document; or\n (b) a declaration that the document is not forfeited.\n (5) For the purposes of subsection (4), if the proceedings go to judgment, they end:\n (a) if no appeal against the judgment is lodged within the period for lodging such an appeal—at the end of that period; or\n (b) if an appeal against the judgment is lodged within that period—when the appeal lapses or is finally determined.","sortOrder":89},{"sectionNumber":"45D","sectionType":"section","heading":"Dealing with a document after it is condemned as forfeited","content":"#### 45D Dealing with a document after it is condemned as forfeited\n\n (1) If, under section 45C, a document is condemned as forfeited to the Commonwealth, it must be dealt with or disposed of (including by being given to another person) in accordance with any direction given by the Minister.\n (2) If the Minister considers that the document may be relevant to proceedings in a court or tribunal, then the Minister:\n (a) must give a direction for the safe keeping of the document; and\n (b) must authorise access to the document for the purposes of those proceedings.\n (3) A direction given under this section is not a legislative instrument.","sortOrder":90},{"sectionNumber":"46","sectionType":"section","heading":"Application requirements","content":"#### 46 Application requirements\n\n (1) An application under a provision of this Act must:\n (a) be on the relevant form approved by the Minister for the purposes of that provision; and\n (b) contain the information required by the form; and\n (c) be accompanied by any other information or documents prescribed by the regulations; and\n (d) be accompanied by the fee (if any) prescribed by the regulations.\n (1AA) However, paragraphs (1)(a) and (b) do not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed by the regulations; and\n (b) contains the information prescribed by the regulations.\n (1A) For applications made under section 21 by persons who, in order to be eligible to become an Australian citizen under subsection 21(2), must have sat a test approved in a determination under section 23A, the fee prescribed by the regulations may include a component that relates to the sitting of that test.\n Approval of forms\n (2) The Minister may, by writing, approve one or more forms for the purposes of a provision of this Act under which an application may be made.\n\n> Note: For example, there are 2 ways to become an Australian citizen by descent under section 16\\. The Minister may approve 1 form for the purposes of that section or may approve 2 different forms.\n\n Children aged under 16\n (2A) An application under a provision of this Act by a child aged under 16 must be set out:\n (a) on a form that contains no other application; or\n (b) on a form that also contains an application by 1 responsible parent of the child.\n (2B) However, subsection (2A) does not apply to an application made under section 37 (evidence of Australian citizenship) if the application:\n (a) is made in a manner prescribed under paragraph (1AA)(a) of this section; and\n (b) contains the information prescribed under paragraph (1AA)(b) of this section.\n Remission, refund or waiver of fees\n (3) The regulations may make provision for and in relation to the remission, refund or waiver of any fees of a kind referred to in paragraph (1)(d).","sortOrder":92},{"sectionNumber":"47","sectionType":"section","heading":"Notification of decisions","content":"#### 47 Notification of decisions\n\n (1) If the Minister makes a decision under this Act in relation to a person, the Minister must give the person notice of the decision.\n Child\n (2) If the person is a child, the Minister satisfies the requirement in subsection (1) if the Minister gives a parent of the child notice of the decision.\n Reasons for adverse decision\n (3) If the decision is an adverse decision, the notice must include the reasons for the decision.\n Form of notice\n (4) The Minister must give the notice in the manner prescribed by the regulations (which includes electronic form).\n Procedural defect does not affect validity of decision\n (5) A failure to comply with subsection (3) or (4) does not affect the validity of the decision.","sortOrder":93},{"sectionNumber":"48","sectionType":"section","heading":"Computerised decision‑making","content":"#### 48 Computerised decision‑making\n\n Computer‑based decisions\n (1) The Minister may, by writing, arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under this Act or the regulations:\n (a) make a decision; or\n (b) exercise any power or comply with any obligation; or\n (c) do anything else related to making a decision or exercising a power or complying with an obligation.\n (2) The Minister is taken to have:\n (a) made a decision; or\n (b) exercised a power or complied with an obligation; or\n (c) done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;\n that was made, exercised, complied with or done by the operation of a computer program under such an arrangement.\n Minister may substitute his or her own decision\n (3) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under such an arrangement if:\n (a) a notice under section 49 relates to the computer program and to the initial decision; and\n (b) the notice states that the computer program was not functioning correctly; and\n (c) the substituted decision could have been made under the same provision of this Act or the regulations as the initial decision; and\n (d) the substituted decision is more favourable to the applicant.\n (4) The Minister does not have a duty to consider whether to exercise the power under subsection (3) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.\n (5) Subsection (3) has effect despite any law of the Commonwealth, or any rule of common law, to the contrary effect.\n Exceptions\n (5A) This section does not apply in relation to anything done under Subdivision C of Division 3 of Part 2 (citizenship cessation).\n Arrangement not a legislative instrument\n (6) An arrangement under subsection (1) is not a legislative instrument.","sortOrder":94},{"sectionNumber":"49","sectionType":"section","heading":"Evidence of whether computer program is functioning correctly","content":"#### 49 Evidence of whether computer program is functioning correctly\n\n Issue of notices\n (1) In citizenship proceedings, a notice signed by an authorised person stating whether or not a specified computer program was functioning correctly:\n (a) at a specified time or during a specified period; and\n (b) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 48(1);\n is prima facie evidence of the matters stated in the notice.\n Ministerial authorisations\n (2) The Minister may, by writing, authorise a person to issue notices under this section.\n (3) The Minister may, by legislative instrument, authorise a class of persons to issue notices under this section.\n Definitions\n (4) In this section:\n\n> authorised person means:\n\n (a) an APS employee in the Department; or\n (b) a person authorised under subsection (2) to issue notices under this section; or\n (c) any person who is included in a class of persons authorised under subsection (3) to issue notices under this section.\n\n> citizenship proceedings means:\n\n (a) proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or\n (b) proceedings that relate to an application for review under section 52.\n\n> functioning correctly: a computer program is functioning correctly if:\n\n (a) outcomes from its operation comply with this Act and the regulations; and\n (b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.","sortOrder":95},{"sectionNumber":"50","sectionType":"section","heading":"False statements or representations","content":"#### 50 False statements or representations\n\n (1) A person commits an offence if:\n (a) the person makes, or causes or permits to be made, a representation or statement; and\n (b) the person does so knowing that the representation or statement is false or misleading in a material particular; and\n (c) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.\n\n (2) A person commits an offence if:\n (a) the person conceals, or causes or permits to be concealed, a material circumstance; and\n (b) the person does so for a purpose of or in relation to this Act.\n\nPenalty: Imprisonment for 12 months.","sortOrder":96},{"sectionNumber":"51","sectionType":"section","heading":"Geographical jurisdiction for offences","content":"#### 51 Geographical jurisdiction for offences\n\n Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act.","sortOrder":97},{"sectionNumber":"51A","sectionType":"section","heading":"Things seized under Crimes Act search warrant and information about such things","content":"#### 51A Things seized under Crimes Act search warrant and information about such things\n\n (1) This section applies to the following:\n (a) a thing seized (warrant material) under a search warrant issued under Division 2 of Part 1AA of the Crimes Act 1914;\n (b) information (warrant information) that is about, or obtained from, warrant material.\n (2) A constable or Commonwealth officer who, under subsection 3ZQU(1) of the Crimes Act 1914, may use or make available warrant material, is authorised to make available warrant material or warrant information:\n (a) to a person covered by subsection (4); and\n (b) for a purpose mentioned in subsection (3).\n (3) A person covered by subsection (4) is authorised to receive and use warrant material and warrant information, or make it available to another person covered by subsection (4), for the following purposes:\n (a) making a decision, or assisting in making a decision, to approve or refuse to approve a person becoming an Australian citizen;\n (b) making a decision, or assisting in making a decision, to revoke a person’s Australian citizenship;\n (c) making a decision, or assisting in making a decision, to cancel an approval given to a person under section 24.\n\n> Note: Subsection 3ZQU(4) of the Crimes Act 1914 contemplates that another law of the Commonwealth may require or authorise the use or making available of a document or other thing to persons, or for purposes, in addition to those listed in subsection 3ZQU(1) of that Act.\n\n (4) The following persons are covered by this subsection:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department whose duties include making decisions, or assisting in making decisions, in relation to Australian citizenship.","sortOrder":98},{"sectionNumber":"51B","sectionType":"section","heading":"Reports to Parliament","content":"#### 51B Reports to Parliament\n\n (1) As soon as practicable after a reporting period ends, the Minister must table a report in each House of the Parliament that sets out the number of applications made under section 36D to which both of the following apply:\n (a) the applications were made during the reporting period to which the report relates or during an earlier reporting period;\n (b) the applications relate to persons who, during the reporting period to which the report relates, were convicted and sentenced for one or more serious offences.\n (2) The report must not contain information, or content of a document, if:\n (a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010); or\n (b) the disclosure of the information or content would or might prejudice:\n (i) the security, defence or international relations of Australia; or\n (ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions; or\n (c) the disclosure of the information or content would or might endanger a person’s safety; or\n (d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.\n (3) In this section:\n\n> reporting period means:\n\n (a) the period of 12 months beginning on the day the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 commences; or\n (b) each subsequent 12‑month period.","sortOrder":99},{"sectionNumber":"52","sectionType":"section","heading":"Review of decisions","content":"#### 52 Review of decisions\n\n (1) An application may be made to the Administrative Review Tribunal for review of the following decisions:\n (a) a decision under section 17 to refuse to approve a person becoming an Australian citizen;\n (aa) a decision under section 19D to refuse to approve a person becoming an Australian citizen;\n (b) a decision under section 24 to refuse to approve a person becoming an Australian citizen;\n (c) a decision under section 25 to cancel an approval given to a person under section 24;\n (d) a decision under section 30 to refuse to approve a person becoming an Australian citizen again;\n (e) a decision under section 33 to refuse to approve a person renouncing his or her Australian citizenship, except a refusal because of the operation of subsection 33(5) (about war);\n (f) a decision under section 34 or subsection 36(1) to revoke a person’s Australian citizenship;\n (g) a decision under section 37 to refuse to give a person a notice stating that the person is an Australian citizen at a particular time.\n Citizenship by conferral decision\n (2) However, if:\n (a) the Minister makes a decision under section 24 to refuse to approve a person becoming an Australian citizen; and\n (b) the Minister’s reasons for the decision did not refer to the eligibility ground in subsection 21(8) (about statelessness); and\n (c) the person was aged 18 or over at the time the person made the application to become an Australian citizen;\n a person (the applicant) cannot apply for review of that decision unless the applicant is a permanent resident.\n (3) For the purposes of the Administrative Review Tribunal reviewing a decision of a kind referred to in paragraph (1)(b):\n (a) the Tribunal must not exercise the power under subsection 22A(1A) or 22B(1A); and\n (b) the Tribunal must not review any exercise of the power or any failure to exercise the power.","sortOrder":100},{"sectionNumber":"53","sectionType":"section","heading":"Delegation","content":"#### 53 Delegation\n\n (1) The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act or the regulations.\n (2) However, subsection (1) does not apply in relation to the function under subsection 23A(1) (about approval of citizenship test) or the power under section 36D (about application for citizenship cessation order).","sortOrder":101},{"sectionNumber":"54","sectionType":"section","heading":"Regulations","content":"#### 54 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":102}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original Act (2007) was a consolidation and simplification of the 1948 Act. However, the version analysed shows significant expansion beyond the original scope — most notably the addition of national security offence grounds for refusal (including terrorism, espionage, and prohibited hate groups), biometric identity collection provisions, the Hague Convention adoption pathway (Subdivision AA), special residence requirements for athletes and frequent travellers (sections 22A and 22B), and the ability for the Minister to expand the definition of 'national security offence' by legislative instrument. These additions reflect a post-9/11 and post-2014 security-focused expansion of what was originally a citizenship administration statute into a security and identity management framework as well."},"complexity_factors":["Multiple overlapping pathways to citizenship (automatic, by descent, by adoption, by conferral, by resumption), each with distinct eligibility criteria","Extensive cross-referencing to other legislation (Migration Act 1958, Family Law Act 1975, ASIO Act 1979, Criminal Code, Defence Act 1903, Legislation Act 2003, Crimes Act 1914, etc.)","Numerous ministerial discretions (powers the Minister can choose to use), many of which can override standard rules — creating unpredictability","Complex residency calculation rules with multiple exceptions, deemed periods, overseas absence allowances, and administrative error corrections","Layered national security provisions with different rules applying depending on a person's statelessness status and birthplace","Biometric and personal identifier provisions with their own sub-rules about what constitutes a valid identifier","Special residence requirements for athletes, defence service members, and frequent travellers — each with its own calculation method","Historical transitional provisions connecting to the old 1948 Act, requiring backward application of different legal rules","Provisions addressing non-standard family structures (IVF, surrogacy, de facto relationships, stepchildren) with cross-references to Family Law Act definitions","The citizenship test framework is set by ministerial determination (a type of rule the Minister makes) rather than the Act itself, making the full picture invisible from the Act alone"],"plain_english_summary":"## What This Law Does\n\nThe **Australian Citizenship Act 2007** is the master rulebook for Australian citizenship. It determines who is an Australian citizen, how you can become one, and how you can lose that status.\n\n---\n\n## Who Does It Affect?\n\nThis law affects virtually everyone with a connection to Australia:\n- People **born in Australia** (and their parents)\n- People **born overseas** wanting to become Australian citizens\n- People **adopting children** internationally\n- People who want to **renounce** their citizenship\n- People whose citizenship may be **revoked** (cancelled) by the government\n- **Children** born through IVF, surrogacy, or other artificial means\n- People with **national security** concerns flagged against them\n\n---\n\n## How Do You Become an Australian Citizen?\n\n### 🟢 Automatic Citizenship (no application needed)\nYou're automatically a citizen if:\n- You were **born in Australia** AND at least one parent was an Australian citizen or permanent resident (someone with a visa allowing them to live in Australia permanently) when you were born\n- You were **born in Australia** and have lived here continuously for **10 years** from birth\n- You were **adopted** in Australia by an Australian citizen\n- You were **found abandoned** in Australia as a child\n\n### 📝 Citizenship by Application (you must apply)\nThere are four ways to apply:\n\n1. **By descent** — Born overseas but one or both parents were Australian citizens when you were born. You must apply; it doesn't happen automatically.\n\n2. **By adoption** — If you were adopted overseas under an international adoption treaty (the Hague Convention) or a bilateral agreement (a formal deal between two countries), you can apply.\n\n3. **By conferral** — The main pathway for migrants. You generally need to:\n - Hold a permanent visa and have lived in Australia for **4 years** (with no more than 12 months overseas in that time)\n - Have been a permanent resident for the **last 12 months** before applying\n - **Pass a citizenship test** (English language and knowledge of Australia)\n - Be of **good character**\n - Be willing to make a **pledge of commitment** to Australia\n - Special rules apply if you're over 60, have a disability, are under 18, serve in the Australian Defence Force, or work in a job that requires you to travel overseas regularly.\n\n4. **Resuming citizenship** — If you previously lost your citizenship, you may be able to apply to get it back.\n\n---\n\n## How Can You Lose Citizenship?\n\n- **Renunciation** — You voluntarily give it up\n- **Revocation** — The Minister (the relevant government minister) can cancel your citizenship if, for example, you obtained it through fraud or made false statements\n- **Automatic loss** — In certain circumstances, such as some situations involving foreign military service\n\n---\n\n## National Security Rules\n\nThe Minister **must refuse** your citizenship application if:\n- ASIO (Australia's domestic spy agency) has assessed you as a security risk, OR\n- You have been convicted of a **national security offence** (e.g., terrorism, treason, espionage, or offences against prohibited hate groups)\n\n---\n\n## Identity Checks\n\nBefore granting citizenship by application, the government must verify **who you are**. This can involve providing biometric (physical measurement) data such as fingerprints, iris scans, photos, and signatures.\n\n---\n\n## Special Cases\n- Children born through **IVF or surrogacy** are treated as the legal children of the intended parents for citizenship purposes\n- Children born on **ships or aircraft** are treated as born in the country where the vessel is registered\n- **Stateless people** (those with no citizenship anywhere in the world) born in Australia have a special pathway\n- **New Zealanders** and people in certain territories (like Norfolk Island and Cocos Islands) have special rules\n\n---\n\n## The Bottom Line\nThis Act is the complete framework governing who is — and who can become — an Australian citizen. It balances openness to new citizens with strict identity, residency, character, and national security requirements."},"issue_detection":{"absurdities":[{"type":"other","section":"Section 3 (definition of 'national security offence')","severity":"medium","reasoning":"A statutory definition that begins at (b) and has no (a) is logically incoherent on its face. While functionally the remaining paragraphs may operate, the missing (a) creates ambiguity about whether there is an implicit unlisted category and may cause interpretive difficulties in courts.","confidence":0.92,"description":"The definition of 'national security offence' begins at paragraph (b), skipping paragraph (a) entirely. There is no paragraph (a) in the definition, suggesting a drafting error where one category of offence was removed without renumbering the remaining paragraphs."},{"type":"other","section":"Section 9(1)(a)","severity":"medium","reasoning":"The provision is designed to prevent escapees from accumulating favourable time outside prison, but the mechanism is logically bizarre: the Act deems a person 'confined' when they are definitionally not confined. This is internally contradictory — confinement is a physical state but the Act makes it a legal fiction that persists even when the physical reality is the opposite.","confidence":0.85,"description":"An escapee from prison is deemed still to be 'confined to a prison' for the purposes of this Act. This creates the logical absurdity that a person who has physically escaped custody is legally treated as if they are still in custody, meaning their time on the run counts as time served in prison for citizenship purposes."},{"type":"other","section":"Section 9(3)","severity":"medium","reasoning":"Confinement connotes physical restraint or custody. Treating an escapee as confined inverts the plain meaning of the word and creates a legal fiction at odds with observable reality. The policy intent (preventing escapees from benefiting) is understandable, but the mechanism chosen is logically absurd.","confidence":0.85,"description":"By the same logic as s9(1)(a), a person who has escaped from a psychiatric institution is deemed to still be 'confined' in it. A person who has physically absconded from a psychiatric facility is legally treated as though they remain confined there, which is factually impossible and logically contradictory."},{"type":"other","section":"Section 7(1)(a)","severity":"low","reasoning":"The provision can lead to absurd outcomes — e.g., a child born on a ship registered in a small island nation while sailing through Australian waters is deemed born in that island nation for citizenship purposes, potentially affecting their eligibility for Australian citizenship despite being physically born in Australian waters.","confidence":0.72,"description":"A person born on a ship or aircraft registered in Australia is taken to have been born at the place of registration (i.e., Australia), but a person born on an Australian-registered ship or aircraft in Australian territorial waters is already born in Australia — the deeming provision is redundant in that scenario. More importantly, for foreign-registered vessels the person is deemed born at the place of registration, which may be a country that has no connection to the vessel's location at birth, creating citizenship outcomes determined by registration bureaucracy rather than any meaningful connection."},{"type":"other","section":"Section 14","severity":"high","reasoning":"The retroactive removal of citizenship status upon proof of 'the contrary' creates significant legal uncertainty. If a child has acted as a citizen — held a passport, voted, etc. — and the contrary is later proved, the legal consequences are entirely unaddressed. The Act provides no mechanism for managing retroactive loss of automatic citizenship.","confidence":0.88,"description":"A child found abandoned in Australia is an Australian citizen 'unless and until the contrary is proved.' The section does not specify: (a) what 'the contrary' is (non-abandonment? non-presence in Australia? existing citizenship elsewhere?); (b) who bears the burden of proof; (c) what happens to the child's citizenship status retrospectively if the contrary is later proved. A child could be an Australian citizen for years and then retroactively cease to have been one."},{"type":"impossible_compliance","section":"Section 8(2)(b)","severity":"medium","reasoning":"Australian federal law cannot extinguish or override parentage relationships established under foreign law. The deeming provision that the child is 'not the child of anyone else' is legally ineffective with respect to foreign legal systems, creating a situation where the child has different parents for citizenship purposes than for other legal purposes in foreign jurisdictions.","confidence":0.75,"description":"Section 8 deems a child born via artificial conception or surrogacy to be 'not the child of anyone else' other than the two parents identified under the section. This creates a logical impossibility for the biological parent (e.g., sperm donor or surrogate) who may have legal parentage under foreign law — the Act attempts to extinguish legal relationships that exist under foreign jurisdictions, which it cannot actually do."},{"type":"other","section":"Section 21(8)","severity":"low","reasoning":"The absence of any residence or connection requirement for stateless persons born in Australia under s21(8) is inconsistent with the general policy intent of requiring meaningful connection to Australia for citizenship by conferral. Every other conferral pathway requires at least a residence element.","confidence":0.68,"description":"The statelessness eligibility for citizenship by conferral under s21(8) requires the person to have been born in Australia, never been a national or citizen of any country, and not be entitled to acquire nationality/citizenship of a foreign country. However, there is no residence requirement for this pathway. A stateless person born in Australia who has lived entirely overseas their whole life with no connection to Australia could theoretically apply for citizenship by conferral."},{"type":"self_contradicting","section":"Section 19A","severity":"medium","reasoning":"The structure creates a scenario where the Minister must make an affirmative decision to approve citizenship under s17, but that approval can be legally ineffective by operation of s19A — without the Minister or the applicant necessarily knowing this at the time. The Act provides no mechanism for voiding or reconsidering an approval rendered ineffective by s19A.","confidence":0.82,"description":"Section 19 states a person becomes a citizen on the day the Minister approves. Section 19A then provides the person does NOT become a citizen despite approval unless a parent was a citizen at birth. This means the Minister can formally approve citizenship — an official government act — that is legally void from the outset, creating an approval that has no legal effect. The Minister is required to make a decision (s17(1)) that may be a legal nullity."},{"type":"other","section":"Section 22(1C) and Section 22(5A)","severity":"medium","reasoning":"The combination of an automatic disqualification and an unlimited ministerial waiver creates a two-tiered system that is entirely dependent on ministerial discretion with no accountability mechanism. Two people imprisoned for identical offences could have entirely different citizenship outcomes based on ministerial favour.","confidence":0.78,"description":"Section 22(1C) automatically disqualifies persons confined in prison from satisfying the residence requirement, but s22(5A) allows the Minister to waive this if it would be 'unreasonable.' The waiver power has no criteria, no appeal mechanism, and no procedural requirements. The Minister has unfettered discretion to treat identical confinement situations differently, creating arbitrary outcomes."},{"type":"other","section":"Section 2 Commencement table, item 2","severity":"low","reasoning":"Delayed commencement of a 'simplified outline' section means the Act was in force (sections 1 and 2 commenced on Royal Assent) but its own explanatory outline was not yet legally operative. This is a structural oddity though of low practical consequence.","confidence":0.65,"description":"The commencement provision states sections 2A to 54 commence on a day fixed by Proclamation, but if not proclaimed within 6 months they automatically commence. Section 2A is the simplified outline — a purely descriptive provision — which is listed as requiring proclamation, meaning the summary of the Act did not legally exist until a separate government action occurred."},{"type":"retroactive_impossibility","section":"Section 6A(2)(b)","severity":"high","reasoning":"An applicant who lodged a citizenship application when their past conviction was not a 'national security offence' can be refused citizenship if the Minister subsequently designates that offence as a national security offence while the application is pending. The applicant cannot have known at the time of application that their prior conduct would become a disqualifying factor, and they cannot undo their application or the underlying conduct.","confidence":0.9,"description":"Section 6A allows the Minister to designate new national security offences by legislative instrument, and that determination applies retroactively to pending applications not yet decided. This means an application that was valid and approvable when lodged can be refused on grounds that did not exist as national security offences at the time of lodgment, retroactively changing the legal landscape for the applicant."}],"contradictions":[{"severity":"high","section_a":"Section 19 (Day citizenship begins)","section_b":"Section 19A (When a person does not become a citizen despite the Minister's approval)","confidence":0.93,"description":"Section 19 states unequivocally that a person becomes an Australian citizen under Subdivision A 'on the day on which the Minister approves the person becoming an Australian citizen.' Section 19A then creates a condition precedent that can negate this, providing the person does NOT become a citizen even if approved. These two provisions directly contradict each other as to whether ministerial approval is sufficient to confer citizenship."},{"severity":"medium","section_a":"Section 17(2) (Minister must approve eligible persons)","section_b":"Section 17(3), (4), (4A), (5) (Minister must not approve in various circumstances)","confidence":0.88,"description":"Section 17(2) states the Minister 'must approve' the person becoming a citizen if eligible under s16(2) or (3), but subsections (3), (4), (4A) and (5) then create mandatory refusal grounds that override this duty. The word 'must' in s17(2) is rendered meaningless by the subsequent mandatory prohibitions — the Minister is simultaneously required to approve and prohibited from approving in overlapping circumstances."},{"severity":"medium","section_a":"Section 24(2) (Minister MAY refuse eligible persons — conferral)","section_b":"Section 17(2) (Minister MUST approve eligible persons — descent)","confidence":0.8,"description":"For citizenship by descent (s17(2)), the Minister must approve an eligible person subject only to mandatory refusal grounds. For citizenship by conferral (s24(2)), the Minister may refuse an eligible person for any reason. This creates an arbitrary distinction in ministerial discretion depending on the pathway to citizenship, with no principled basis for why descent applicants have stronger entitlements than conferral applicants beyond the mandatory refusal grounds."},{"severity":"medium","section_a":"Section 11(2) (Act extends to all persons irrespective of nationality)","section_b":"Section 11(3) (Act excludes State/Territory citizenship laws)","confidence":0.7,"description":"Section 11(2) states the Act applies to 'all persons, irrespective of their nationality or citizenship,' extending Australian citizenship law globally. Section 11(3) then provides the Act overrides State and Territory laws on citizenship. The combined effect is that Australian federal citizenship law purports to apply to all persons worldwide — including non-Australians in foreign countries — while simultaneously claiming exclusivity over citizenship determinations. This creates an extraterritorial claim of sovereignty that contradicts international law principles and creates logical absurdity when applied to persons with no Australian connection."},{"severity":"low","section_a":"Section 21(2)(b) (must be permanent resident at time of application AND decision)","section_b":"Section 22(2) (residence requirement paragraphs do not apply to persons born in Australia or former citizens)","confidence":0.65,"description":"Section 21(2)(b) requires a person to be a permanent resident at both the time of application and the time of the Minister's decision — this requirement is not waived by s22(2). However, s22(2) exempts persons born in Australia or former citizens from the 4-year and unlawful non-citizen presence requirements. This creates a situation where a person born in Australia could satisfy the exemption from the general residence requirement but still be ineligible if they are not a permanent resident, even though their birth in Australia suggests a connection that should be sufficient. The exemption in s22(2) is only partial and does not align with the policy rationale of recognising Australian-born persons."},{"severity":"medium","section_a":"Section 9(1)(b) (periodic detention counts as confinement)","section_b":"Section 22(1C) (confinement in prison disqualifies from residence requirement)","confidence":0.82,"description":"Section 9(1)(b) deems a person undergoing periodic detention to be 'confined to a prison' for the Act's purposes. Section 22(1C) then disqualifies persons confined in prison from satisfying the 4-year residence requirement. A person serving periodic detention — who is physically present in the community for much of their sentence and may be working and residing normally — is deemed confined and therefore disqualified from satisfying the residence requirement, despite actually being present in Australia during the relevant period. This produces the contradiction that physical presence in Australia during periodic detention both counts as Australian presence (the person is actually here) and does not count (because they are deemed confined)."},{"severity":"low","section_a":"Section 12(1)(b) (citizenship by 10 years ordinary residence)","section_b":"Section 12(2) (enemy alien exception)","confidence":0.72,"description":"Section 12(1)(b) grants automatic citizenship to anyone born in Australia who is ordinarily resident in Australia for 10 years, regardless of parentage. Section 12(2) denies citizenship where a parent is an enemy alien and the birth occurs under enemy occupation — but this exception only applies to s12(1)(a) (the parental citizenship pathway). The 10-year residence pathway in s12(1)(b) appears unaffected by the enemy alien exception, meaning a child of two enemy aliens born under enemy occupation could still become a citizen by residing in Australia for 10 years, potentially undermining the policy intent of s12(2)."},{"severity":"low","section_a":"Section 5(1)(b) (permanent resident status while overseas)","section_b":"Section 21(2)(b)(ii) (must be permanent resident at time of Minister's decision)","confidence":0.6,"description":"Section 5(1)(b) allows a person to retain permanent resident status while overseas if they held a permanent visa when they last left Australia. However, s21(2)(b)(ii) requires the person to be a permanent resident at the time of the Minister's decision. A person who applied while in Australia (satisfying s21(2)(b)(i)) may depart Australia before the decision is made and could lose actual permanent resident status (if their visa lapses) while technically retaining deemed status under s5(1)(b). The interaction between the deemed permanent resident provisions and the dual-time requirement creates uncertainty about whether overseas applicants awaiting decisions remain eligible."}]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with the pre‑commencement legal framework referenced in the Act (the \"old Act\"), the supplied text introduces additional, specific mechanisms that expand the conditions and pathways for both acquisition and cessation of citizenship. Notable scope additions in the supplied text include: (a) express personal Ministerial powers to modify residence requirements and accept undertakings for special categories of applicants (s22A(1A), s22B(1A)) together with a statutory revocation power tied to those undertakings (s34A); (b) a court‑ordered cessation mechanism for convictions for listed \"serious offences\" that requires a Minister application before sentencing (ss36C–36D); (c) an explicit biometric/identifying information regime with criminal prohibitions on unauthorised access, disclosure and modification and destruction obligations (s10, ss42–45); and (d) statutory authorisation and evidentiary rules for computerised decision‑making (ss48–49). The Act preserves transitional treatment of pre‑commencement citizenship status under the old Act (s4(2), s5(3)), but otherwise adds discrete powers, procedural regimes and enforcement tools that broaden administrative discretion and the operational scope of citizenship regulation (see ss22A, 22B, 34A, 36C–36D, 10, 48)."},"complexity_factors":["Multiple, conditional pathways to acquire citizenship (automatic, descent, adoption, conferral, resumption) with distinct eligibility and timing rules (ss12–19, 19C–19F, 20–32).","Detailed residence and presence calculations plus multiple discretions and specific exceptions (s22, s22A, s22B, s22(1A),(1B),(1C),(5A),(6),(9),(11)).","Ministerial personal, non‑delegable powers to vary residence rules and to revoke in specified circumstances (s22A(1A), s22B(1A), s34A), combined with limited external review (s52(3)).","Integration with external regimes and assessments (ASIO adverse/qualified security assessments (s24, s17), Migration Act cross‑references, Crimes Act warrant material access s51A).","Extensive identity and biometric regime with tightly drawn prescription and safeguards (s10, s10(2), s40–41), plus criminal offences for misuse (ss42–45, 43, 44).","Computerised decision‑making and evidentiary rules that treat program outcomes as Ministerial actions and create special substitution/evidence mechanics (ss48–49).","Varied enforcement options and sanctions: revocation, court‑ordered cessation, criminal penalties for false information, forfeiture/seizure for bogus documents (ss34, 36C–36D, 50, 45A–45D).","Procedural complexities: pledge requirements (ss26–28 and Schedule 1 forms), registration obligations (ss18, 19E, 31), and detailed application/form/fee rules (s46).","Transparency and parliamentary reporting obligations tied to exercises of personal power (s22A(9), s22B(9)), juxtaposed with non‑legislative status for those determinations (s22A(11), s22B(11))."],"plain_english_summary":"This law sets out who is an Australian citizen, how people can become one, how citizenship can end, what evidence of citizenship looks like, and rules about identity information used in citizenship processes.\n\nWhat the law does, mechanically\n\n- Defines acquisition routes: automatic acquisition (birth, adoption, abandoned children, incorporation of territory) (ss12–15, 19) and application routes (descent, Hague/bilateral adoption, conferral, resumption) (ss16–19, 19C–19F, 20–32). Approval, registration and the day citizenship begins are set out for each route (e.g. ss17–19, 19E–19F, 18–19, 31–32). Applications must meet the form/fee/document rules in s46.\n- Sets residence and other eligibility tests for conferral (main path for adult applicants): a 4‑year presence rule with a 12‑month permanent‑resident requirement (s22), two alternative \"special residence\" pathways for people doing work or activities of specified benefit to Australia (s22A, s22B), and a defence‑service pathway (s23). The Minister can specify particular activities, organisations and kinds of work by legislative instrument (s22C).\n- Requires an approved citizenship test and permits the Minister to set and operate the test by written determination (s23A).\n- Requires most adult conferral applicants to make a pledge in approved form; citizenship by conferral usually begins on the day the pledge is made (ss26–28, Schedule 1 forms).\n- Provides evidence mechanisms: the Minister may issue a written notice that a person is an Australian citizen; that notice is prima facie evidence (s37) and may be surrendered on revocation (s38).\n- Allows renunciation by application (Minister must approve in specified circumstances) (s33).\n- Allows the Minister to revoke citizenship in particular cases: for fraud or offences connected with obtaining citizenship (s34); for failure to comply with special residence undertakings when those undertakings were granted by the Minister personally (s34A); and to revoke a child’s citizenship when a responsible parent ceases (s36). The law forbids revocation if it would make the person stateless (s34(3), s34A(2), s36(3)).\n- Introduces a court‑ordered cessations route: if the Minister applies to the court (s36D) before sentencing, the court may order a person to cease to be a citizen when sentencing for certain \"serious offences\" and the court is satisfied the conduct demonstrates repudiation of allegiance (ss36C–36D). Cessation on court order is immediate, and there are rules about appeals and restored orders (s36B).\n- Sets identity, biometrics and information rules: the Minister (or authorised people) may request specified personal identifiers (fingerprints, photos, iris scans, height/weight, signature and other prescribed non‑intimate identifiers) (s10, s40–41). The law sets rules on storage, permitted disclosures and prohibited access/alteration of that identifying information with criminal penalties for unauthorised access, disclosure, modification or impairment (ss43–45, 42, 44). Responsible persons must destroy identifying information when no longer required, subject to limited exceptions (s45).\n- Provides enforcement tools and penalties: offences for false/misleading statements or concealing material facts in relation to the Act (s50); prohibitions on giving bogus documents and procedures for seizure/forfeiture (ss45A–45D); penalties for altering evidentiary citizenship notices (s39); and extended jurisdiction for offences (s51).\n- Permits use of computer programs to make decisions under Minister control, treats actions by those programs as Ministerial actions, and provides limited substitution and evidentiary rules about program functioning (ss48–49).\n- Establishes administrative review rights to the Administrative Review Tribunal for many Ministerial decisions (s52), but limits the Tribunal’s power to review certain personal Ministerial determinations (s52(3)).\n- Provides transition rules referencing the pre‑existing Australian Citizenship Act 1948 for pre‑commencement matters (s4(2), s5(3)).\n\nWho decides and who pays\n\n- The Minister is the central decisionmaker: approval/refusal of applications (ss17, 19D, 24, 30), personal exercise for some special residence/undertaking powers (s22A(1A), s22B(1A)), power to revoke citizenship (s34, s34A), and power to apply to court for citizenship cessation (s36D). The Minister may delegate many functions (s53) but key powers (approval of the citizenship test s23A(1) and initiation of court cessation proceedings s36D) are non‑delegable (s53(2)).\n- Applicants pay the fees set by regulation for applications and (for some conferral applicants) the fee can include a component for the citizenship test (s46(1), s46(1A)).\n- Entrusted/authorised departmental staff and specified authorised persons operate identity collection, decision systems and access to warrant material (definitions and powers at ss3, 40, 41, 48, 51A). Where the Minister uses computer programs, notices by authorised persons about program functioning are prima facie evidence in proceedings (s49).\n\nWhy it matters (claimed purposes and the mechanisms that deliver them)\n\n- The Act’s internal statements and structure indicate two principal practical objectives: (1) set clear, administrable rules for acquiring and proving citizenship (acquisition, registration, evidence provisions such as ss17–19, 18, 37), and (2) provide mechanisms to remove citizenship where a person obtained it by fraud/offence or where conduct demonstrably repudiates allegiance (renunciation s33, revocation s34/34A, court‑ordered cessation ss36C–36D). The Act also builds a framework for identity verification and fraud prevention through biometric and other personal identifiers (s10, s40–41) and criminal sanctions for misuse (ss42–45, 50).\n\nTesting those claimed purposes against costs, incentives and trade‑offs (source‑grounded)\n\n- Administrative discretion and transparency. The Act creates substantial ministerial discretion: personal, non‑delegable powers to relax residence requirements (s22A(1A), s22B(1A)) and to revoke certain conferral grants (s34A). When the Minister exercises those personal powers, the Minister must table an anonymised explanation in Parliament within 15 sitting days (s22A(9), s22B(9)), but those determinations are not legislative instruments (s22A(11), s22B(11)). Trade‑off: this concentrates decision authority in the Minister’s office (speed and targeted flexibility) while limiting external review of that exercise (Tribunal limits s52(3)) — which increases the importance of the statutory tabling requirement as the principal transparency mechanism.\n\n- Compliance burden on applicants. Applicants must meet detailed presence, residence and identity requirements that involve record‑keeping and may require biometric data and approved tests (ss22, 22A, 22B, 23A, 10, 40–41). There are fees (s46) and a pledge requirement for many adults (ss26–28). These create quantifiable private costs (time, documentation, possible travel) and potential exclusion if requirements are not met.\n\n- Privacy and administrative costs. The statute authorises collection and storage of personal identifiers (s10, s40–41) and sets criminal penalties for unauthorised access, disclosure or modification (ss42–44). It also requires destruction of identifying information when no longer required subject to limited exceptions (s45). Implementing secure storage, access controls, authorised disclosure pathways (s43(2)) and eventual destruction will impose operational costs on the Department and any authorised third parties.\n\n- Automation and error‑correction. The Act permits computer programs to make decisions and treats those outputs as Ministerial actions (s48). A substituted, more favourable decision may be issued if a program is shown not to have been functioning correctly (s48(3)), and program functioning notices are admissible evidence (s49). This construct enables scaling/efficiency but creates implementation risk: contested cases may turn on program performance evidence and the Minister has no duty to consider substitution (s48(4)).\n\n- Enforcement incentives and penalties. The Act creates criminal offences for false statements or concealment in relation to the Act (s50), bogus documents and forfeiture/seizure procedures (ss45A–45D), and tampering with evidentiary notices (s39). These are concentrated deterrents aimed at a small set of actors (applicants, document suppliers) and impose legal exposure (imprisonment/penalty units) if breached.\n\n- Limits on review and separation of powers. Many decisions are reviewable by the Administrative Review Tribunal (s52(1)), but the Tribunal may not exercise or review the Minister’s personal powers under s22A(1A)/22B(1A) (s52(3)). Separately, some Ministerial decisions must be made personally when those powers were used in the eligibility pathway (s24(2A)). The resulting division narrows the administrative review avenues available for applicants affected by those specific personal determinations.\n\n- Mobility and private behaviour effects. The law conditions citizenship conferral and potential maintenance on presence/ordinary residence rules and written undertakings in special cases (s22, s22A(1A), s22B(1A), s34A). For applicants and new citizens who accept undertakings, there is an explicit contractual‑style obligation that, if not met, can lead to revocation (s34A). That structure changes the expected costs of extended overseas residence for those individuals.\n\n- Interaction with national security and criminal law. The Act ties eligibility and revocation to security assessments (ASIO) and lists of \"national security offences\" (s24, s36C(3), s6A). It permits the Minister and courts to act where convictions or security assessments indicate risk, and allows access to warrant material for citizenship decision purposes (s51A). These linkages impose legal‑evidentiary and operational workstreams (consultation, information handling) across agencies.\n\nWhere benefits are likely to be concentrated or diffuse\n\n- Concentrated benefits: the Minister’s personal discretion (s22A(1A), s22B(1A), s34A) can deliver targeted outcomes for individuals doing work of specified benefit to Australia; the Department benefits from formal powers to collect identifiers and use automation to process applications (ss10, 48).\n- Diffuse costs: applicants and visa holders face the compliance burden, including record‑keeping, tests, providing identifiers, and potential ongoing obligations after conferral if they accepted undertakings (ss22, 23A, 10, 22A(1A), 22B(1A)). There are also public administration costs to secure data and operate review and tabling obligations.\n\nKey implementation and legal‑risk points to watch (source sections cited)\n\n- Ministerial personal powers and limited review: s22A(1A), s22B(1A), s34A and the Tribunal limitation in s52(3).\n- Privacy and evidence regimes: identifier definitions and constraints (s10), authorised requests and access (s40–41), permitted disclosures (s43(2)), and destruction obligations (s45).\n- Computerised decision‑making and evidentiary mechanics: s48–49.\n- Court‑ordered cessation process and limits (ss36C–36D): requirement for Minister application before sentencing (s36D(1)–(2)), court satisfaction about repudiation (s36C(4)–(6)) and bar against creating statelessness (s36C(2)).\n- Forfeiture and seizure of bogus documents: ss45A–45D.\n\nBottom line (concise): The Act creates a detailed, administrable framework to confer, prove and remove Australian citizenship; it combines statutory eligibility tests with substantial Ministerial discretion (including personal, non‑delegable powers), biometric/identity regimes, automated decision‑making options, and criminal sanctions for fraud and misuse. Those features trade off administrative flexibility and the ability to act in defined national‑interest/security scenarios against compliance, privacy and administrative costs, concentrated ministerial authority for certain exceptions, and narrower review for specific ministerial exercises (see ss22A, 22B, 34A, 48, 49, 52)."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2007 Act was a consolidation and modernisation of the 1948 Act, but subsequent amendments have significantly expanded its scope beyond mere citizenship acquisition. The Act now incorporates extensive national security provisions (sections 6A, 17, 19D, 24), counter-terrorism measures including citizenship revocation for dual nationals, complex identity verification systems with biometric data collection (Division 5), and special residence dispensations for 'persons of benefit to Australia'. The inclusion of prohibited hate groups (5.3B) in national security offences and the detailed ministerial discretion frameworks for special cases represent a substantial expansion from the original administrative function of granting citizenship."},"complexity_factors":["Extensive cross-referencing with other legislation including the Migration Act 1958, Family Law Act 1975, Criminal Code, and ASIO Act 1979","Multiple overlapping pathways to citizenship with distinct eligibility criteria (7 different eligibility categories in Subdivision B alone)","Complex residence requirements with multiple exceptions, exemptions, and ministerial discretions (sections 22, 22A, 22B)","Nested conditional logic — for example, section 22(1C) contains exclusions that are themselves subject to ministerial discretion under subsection (5A)","37+ defined terms in section 3, many of which incorporate definitions from other Acts","Special provisions for historical circumstances (Papua New Guinea pre-1975, births before 1949) that create parallel legal frameworks","Ministerial discretion provisions with specific procedural requirements (personal decision-making, tabling of statements in Parliament)","Security assessment integration requiring coordination with ASIO and references to 'adverse security assessments' and 'qualified security assessments'","Regulatory dependencies — many operational details left to regulations and legislative instruments (citizenship test, specified activities, organisations)"],"plain_english_summary":"This is the **Australian Citizenship Act 2007**, the main law that governs who is and isn't an Australian citizen.\n\n**What it does:**\nThe Act sets out the rules for becoming an Australian citizen, losing citizenship, and proving citizenship status. It replaced the old 1948 Act and modernised Australia's citizenship framework.\n\n**How you become a citizen:**\nThere are two main pathways:\n\n1. **Automatically** — You typically become a citizen at birth if born in Australia and at least one parent is an Australian citizen or permanent resident. Other automatic pathways include citizenship by adoption, for abandoned children found in Australia, or when territory becomes part of Australia.\n\n2. **By application** — You can apply for citizenship through several routes:\n - **By descent** — If born overseas to an Australian citizen parent\n - **By adoption** — For children adopted under international agreements (Hague Convention)\n - **By conferral** — The standard pathway for permanent residents who meet residence requirements (usually 4 years), pass a citizenship test, and make a pledge of commitment\n - **Resuming citizenship** — For former citizens who want their citizenship back\n\n**Special cases:**\nThe Act includes exceptions for people with permanent disabilities (who don't need to sit the test), people aged 60 or over, children under 18, people born in Papua before 1975, and stateless persons born in Australia.\n\n**How you can lose citizenship:**\nYou can renounce (give up) your citizenship voluntarily, or the Minister can revoke it in certain circumstances — particularly if it was obtained by fraud or if you engage in serious criminal conduct, including national security offences.\n\n**Why it matters:**\nCitizenship is the legal bond that gives you the right to vote, hold an Australian passport, and live in Australia indefinitely. This Act determines who gets that status and under what conditions, with significant implications for immigration policy, national security, and individual rights."}},"importantCases":[],"_links":{"self":"/api/acts/australian-citizenship-act-2007","history":"/api/acts/australian-citizenship-act-2007/history","analysis":"/api/acts/australian-citizenship-act-2007/analysis","conflicts":"/api/acts/australian-citizenship-act-2007/conflicts","importantCases":"/api/acts/australian-citizenship-act-2007/important-cases","documents":"/api/acts/australian-citizenship-act-2007/documents"}}