{"id":"F2022L01723","name":"Australian Citizenship (LIN 22/074: Classes of Persons Who May Receive a Pledge of Commitment) Authorisation 2022","slug":"australian-citizenship-lin-22-074-classes-of-persons-who-may-receive-a-pledge-of-commitment-authoris","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":103008,"registerId":"commonwealth-F2022L01723-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Citizenship (LIN 22/074: Classes of Persons Who May Receive a Pledge of Commitment) Authorisation 2022","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nLIN 22/074\n\nAustralian Citizenship (Classes of Persons Who May Receive Pledge of Commitment) Authorisation (LIN 22/074) 2022\n\nI, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, make this instrument under subsection 27(5) of the Australian Citizenship Act 2007 (the Act).\n\nDated 15 December 2022\n\nThe Hon. Andrew Giles MP\n\nMinister for Immigration, Citizenship and Multicultural Affairs\n\n \n\n1 Name\n\nThis instrument is the Australian Citizenship (LIN 22/074: Classes of Persons Who May Receive a Pledge of Commitment) Authorisation 2022.\n\n2 Commencement\n\n(1) This instrument, other than section 3, is taken to have commenced on 8 September 2020.\n\n(2) Section 3 of this instrument commences when the instrument is registered.\n\n3 Repeal\n\nCitizenship (LIN 20/084: Class of Persons Who May Receive a Pledge of Commitment) Instrument 2020 is repealed.\n\n4 Persons who may receive a pledge of commitment\n\n(1) For subsection 27(5) of the Act, each class of persons mentioned in Schedule 1 is authorised to receive a pledge of commitment to become an Australian citizen.\n\n(2) Despite subsection (1), a person who is a member of a class of persons mentioned in Schedule 1 is not authorised to receive a pledge of commitment to become an Australian citizen if:\n\n(a) the Minister is satisfied that the person has received a pledge, or is likely to receive a pledge, in a way which is inconsistent with the character of a citizenship ceremony as non-commercial, apolitical, non-partisan and secular; and\n\n(b) the Minister gives the person a notice to that effect.\n\n5 Definitions\n\nA term in Column 1 of the following table refers to an Australian Public Service employee classified under the Public Service Classification Rules 2000 as an employee at the level mentioned in Column 2 for the term.\n\n```html\n

Table 1 – APS employee

Item

Column 1

Term

Column 2

Level

1

APS 4

APS Level 4

2

APS 5

APS Level 5

3

APS 6

APS Level 6

4

EL 1

Executive Level 1

5

EL 2

Executive Level 2

6

SES 1

Senior Executive Band 1

7

SES 2

Senior Executive Band 2

8

SES 3

Senior Executive Band 3

\n```\n\n \n\nSchedule 1 Classes of authorised persons\n\n1 Governor-General of the Commonwealth of Australia.\n\n2 A person who is Governor of a State.\n\n3 A Member of the House of Representatives.\n\n4 A Member of the Senate.\n\n5 An entrusted person who is:\n\n(a) an Australian citizen; and\n\n(b) holding, occupying or performing the duties of any of the following positions in the Department of Home Affairs:\n\n(i) Secretary;\n\n(ii) SES 3;\n\n(iii) SES 2;\n\n(iv) Regional Directors in State and Territory offices;\n\n(v) in the Citizenship Program:\n\n(A) SES 1;\n\n(B) EL 2 or EL 1;\n\n(C) APS 6, APS 5 or APS 4.\n\n6 An entrusted person who:\n\n(a) is based in an Australian diplomatic mission; and\n\n(b) is an Australian citizen; and\n\n(c) holding, occupying or performing the duties of any of the following positions in the Department of Home Affairs:\n\n(i) SES 3, SES 2, SES 1;\n\n(ii) EL 2 or EL 1;\n\n(iii) APS 6.\n\n7 An Australian citizen holding, occupying of performing the duties of any of the following positions at an Australian diplomatic mission:\n\n(a) High Commissioner;\n\n(b) Deputy High Commissioner;\n\n(c) Ambassador;\n\n(d) Consul General;\n\n(e) Chargé d'Affaires;\n\n(f) Chargé d'Affaires ad interim;\n\n(g) Consul, at a post, serving as a Senior Australian Diplomatic Representative;\n\n(h) Trade Commissioner at a post where there is no representative from the Department of Foreign Affairs and Trade or the Department of Home Affairs.\n\n8 An Australian citizen who holding, occupying or performing the duties of any of the following positions:\n\n(a) in New South Wales:\n\n(i) Lord Mayor of a city;\n\n(ii) Deputy Lord Mayor of a city;\n\n(iii) Mayor of a local government council;\n\n(iv) Deputy Mayor of a local government council;\n\n(v) General Manager of a local government council;\n\n(vi) Chief Executive Officer of a local government council;\n\n(vii) Administrator of a local government council that has been placed under administration;\n\n(viii) Vice Chairman, Lord Howe Island Board;\n\n(b) in Victoria:\n\n(i) Lord Mayor of a city;\n\n(ii) Deputy Lord Mayor of a city;\n\n(iii) Mayor of a local government council;\n\n(iv) Deputy Mayor of a local government council;\n\n(v) Chief Executive Officer of a local government council;\n\n(vi) General Manager of a local government council;\n\n(vii) Governor-in-Council appointed Administrator of a local government council;\n\n(viii) Councillor, Robinvale Ward, Swan Hill, Rural City Council;\n\n(ix) Administrator of a local government council, in cases where a local government council has been placed under administration;\n\n(c) in Queensland:\n\n(i) Lord Mayor of a city;\n\n(ii) Deputy Lord Mayor of a city;\n\n(iii) Mayor of a local government council;\n\n(iv) Deputy Mayor of a local government council;\n\n(v) Chief Executive Officer of a local government council;\n\n(vi) Councillor, Brisbane City Council;\n\n(vii) Administrator of a local government council in cases where a local government council has been placed under administration;\n\n(viii) Councillor, Torres Strait Island Regional Council;\n\n(ix) Chair, Weipa Town Authority;\n\n(x) Deputy Chair, Weipa Town Authority;\n\n(xi) Superintendent, Weipa Town Authority;\n\n(d) in Western Australia:\n\n(i) Lord Mayor of a city;\n\n(ii) Deputy Lord Mayor of a city;\n\n(iii) Mayor of a city, municipality or town;\n\n(iv) Deputy Mayor of a city, municipality, shire or town;\n\n(v) Deputy President of a city, municipality, shire or town;\n\n(vi) Chief Executive Officer of a city, municipality, shire or town;\n\n(vii) President of a shire council;\n\n(viii) Chairman of Commissioners in cases where a local government council has been placed under administration;\n\n(ix) Administrator of a local government council in cases where a local government council has been placed under administration;\n\n(x) Councillor, Coastal Ward, Shire of Coorow;\n\n(xi) Councillor, Shire of East Pilbara;\n\n(xii) Councillor, Shire of Moora;\n\n(xiii) Councillor, Leinster Ward, Shire of Leonora;\n\n(xiv) Councillor, Town of Fitzroy Crossing, Shire of Derby/West Kimberley;\n\n(xv) Councillor, Town of Kununurra, Shire of Wyndham/East Kimberley;\n\n(xvii) Councillor, Shire of Ashburton;\n\n(e) in South Australia:\n\n(i) Lord Mayor of a city;\n\n(ii) Deputy Lord Mayor of a city;\n\n(iii) Mayor of a local government council;\n\n(iv) Chairperson of a local government council;\n\n(v) Deputy Mayor of a local government council;\n\n(vi) Deputy Chairperson of a local government council;\n\n(vii) Administrator of a Municipality, or a local government council in cases where a Municipality or a local government council has been placed under administration;\n\n(viii) Chief Executive Officer of a local government council;\n\n(ix) Secretary, Woomera Board;\n\n(x) Chair, Outback Community Authority;\n\n(f) in Tasmania:\n\n(i) Lord Mayor of a city;\n\n(ii) Deputy Lord Mayor of a city;\n\n(iii) Mayor of a local government council;\n\n(iv) Deputy Mayor of a local government council;\n\n(v) General Manager of a local government council;\n\n(vi) Administrator of a local government council in cases where a local government council has been placed under administration;\n\n(g) in the Australian Capital Territory:\n\n(i) Member of the Australian Capital Territory Legislative Assembly;\n\n(ii) Executive Group Manager with responsibility for the citizenship ceremony function;\n\n(h) in the Northern Territory:\n\n(i) Administrator of the Northern Territory;\n\n(ii) Lord Mayor of a city;\n\n(iii) Deputy Lord Mayor of a city;\n\n(iv) Principal member of a local government council;\n\n(v) Deputy principal member of a local government council;\n\n(vi) Chief Executive Officer of a local government council;\n\n(vii) Administrator of a local government council in cases where a local government council has been placed under administration;\n\n(viii) Chair, Nhulunbuy Town Board;\n\n(i) in the external Territories:\n\n(i) Administrator, Norfolk Island;\n\n(ii) President, Shire of Christmas Island;\n\n(iii) President, Shire of Cocos (Keeling) Islands;\n\n(iv) Chief Executive Officer, Shire of Cocos (Keeling) Islands;\n\n(v) Station Leader, Australian Antarctic Base, Casey;\n\n(vi) Station Leader, Australian Antarctic Base, Davis;\n\n(vii) Station Leader, Australian Antarctic Base, Mawson.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original purpose of specifying authorised persons for citizenship pledges. While Schedule 1 contains extensive detail, this reflects the inherent complexity of Australia's federal structure with varying local government titles across jurisdictions, rather than scope creep. The instrument directly replaces LIN 20/084 without expanding beyond the original authorisation function."},"complexity_factors":["Extensive jurisdictional variations in Schedule 1 with state/territory-specific position titles (e.g., 'President' vs 'Mayor', 'General Manager' vs 'Chief Executive Officer')","Nested conditional logic in section 4(2) creating exceptions to the general authorisation","Cross-reference to external classification system (Public Service Classification Rules 2000) for APS level definitions","Granular positional authorisations including specific ward councillors (e.g., 'Councillor, Coastal Ward, Shire of Coorow') and unique territorial arrangements (Weipa Town Authority, Nhulunbuy Town Board)","Retrospective commencement provision (section 2(1)) creating temporal complexity"],"plain_english_summary":"This law specifies which officials may formally accept the Pledge of Commitment from new Australian citizens, covering senior national and state figures, authorised Home Affairs and diplomatic staff, local government leaders and certain external/remote-station officials. It affects anyone administering citizenship ceremonies by setting who can legally receive the pledge.\n\nIt also lets the Minister disallow individuals if they act in ways that compromise the apolitical, non-partisan, secular and non-commercial nature of ceremonies, preserving their integrity."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier LIN 20/084 instrument (s 3) and is taken to have commenced on 8 September 2020 (s 2(1)), so it alters the authorised classes in force since that date. The text itself lists the authorised classes and adds the Minister’s power to refuse authorisation where pledges would be inconsistent with ceremony character (s 4(2)). The instrument does not include a side‑by‑side comparison with the repealed instrument, so the precise net expansion or contraction of scope compared with LIN 20/084 cannot be determined from this instrument alone."},"complexity_factors":["Extensive, granular Schedule listing many individual roles across federal, state, territory and external territories (Schedule 1).","Cross‑reference to Australian Citizenship Act s 27(5) as the enabling provision (instrument made under subsection 27(5)).","Detailed mapping to APS classification levels via a Table for the term 'APS employee' (s 5), requiring administrative interpretation against the Public Service Classification Rules 2000.","Ministerial discretionary power to refuse an authorised person (s 4(2)) introduces case‑by‑case decisionmaking and notice requirements.","Retrospective commencement for most of the instrument (s 2(1)) and explicit repeal of the 2020 instrument (s 3) create temporal and transitional complexity.","Mixture of position‑based and jurisdiction‑specific entries (e.g. named wards, specific councils) increases operational ambiguity and verification burden for administrators and applicants."],"plain_english_summary":"This instrument authorises particular officeholders and officials to receive the pledge of commitment at Australian citizenship ceremonies, naming federal officeholders, specified Home Affairs employees by APS/EL/SES level, diplomatic representatives and a wide set of state and local officials. The Minister may block an authorised person from receiving a pledge if the Minister is satisfied the pledge would be inconsistent with the ceremony’s non‑commercial, apolitical, non‑partisan and secular character (s 4(2)). It repeals the 2020 instrument and is taken to have commenced on 8 September 2020 (ss 2–3)."}},"importantCases":[],"_links":{"self":"/api/acts/australian-citizenship-lin-22-074-classes-of-persons-who-may-receive-a-pledge-of-commitment-authoris","history":"/api/acts/australian-citizenship-lin-22-074-classes-of-persons-who-may-receive-a-pledge-of-commitment-authoris/history","analysis":"/api/acts/australian-citizenship-lin-22-074-classes-of-persons-who-may-receive-a-pledge-of-commitment-authoris/analysis","conflicts":"/api/acts/australian-citizenship-lin-22-074-classes-of-persons-who-may-receive-a-pledge-of-commitment-authoris/conflicts","importantCases":"/api/acts/australian-citizenship-lin-22-074-classes-of-persons-who-may-receive-a-pledge-of-commitment-authoris/important-cases","documents":"/api/acts/australian-citizenship-lin-22-074-classes-of-persons-who-may-receive-a-pledge-of-commitment-authoris/documents"}}