{"id":"F2016L01916","name":"Australian Citizenship Regulation 2016","slug":"australian-citizenship-regulation-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95580,"registerId":"commonwealth-F2016L01916-current","compilationNumber":null,"startDate":"2026-04-02","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":"Name","content":"#### 1 Name\n\n  This is the Australian Citizenship Regulation 2016.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Australian Citizenship Act 2007.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Australian Citizenship Act 2007.\n\n> Australian mission overseas means a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.\n\n> Hague Convention on Intercountry Adoption means the Convention on Protection of Children and Co‑operation in Respect of Intercountry Adoption, done at The Hague on 29 May 1993.\n\n> Note: The Convention is in Australian Treaty Series 1998 No. 21 (\\[1998\\] ATS 21) and could in 2016 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> presiding officer means any of the following persons before whom a pledge of commitment may be made:\n\n    (a) a person authorised under subsection 27(4) of the Act;\n    (b) a person included in a class of persons authorised under subsection 27(5) of the Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Australian citizenship","content":"## Part 2—Australian citizenship","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Registration under section 18 of the Act","content":"#### 6 Registration under section 18 of the Act\n\n  For the purposes of section 18 of the Act, a person is registered by the Minister:\n    (a) making a record of the fact that the person is an Australian citizen by descent; and\n    (b) including the record on a data storage system kept by the Department.","sortOrder":5},{"sectionNumber":"6A","sectionType":"section","heading":"Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement","content":"#### 6A Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement\n\n  (1) For the purposes of the definition of Bilateral Arrangements regulations in subsection 19C(4) of the Act, the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 2023 are prescribed.\n  (2) For the purposes of the definition of Intercountry Adoption regulations in subsection 19C(4) of the Act, the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 are prescribed.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Registration under section 19E of the Act","content":"#### 7 Registration under section 19E of the Act\n\n  For the purposes of section 19E of the Act, a person is registered by the Minister:\n    (a) making a record of the fact that the person is an Australian citizen by adoption in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement; and\n    (b) including the record on a data storage system kept by the Department.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Defence service requirement—prescribed visas","content":"#### 8 Defence service requirement—prescribed visas\n\n  For the purposes of paragraphs 23(2)(a) and (3)(a) of the Act, the following visas are prescribed:\n    (a) Employer Nomination (Permanent) (Class EN);\n    (b) Labour Agreement (Migrant) (Class AU);\n    (c) Labour Agreement (Residence) (Class BV);\n    (d) Regional Employer Nomination (Permanent) (Class RN).","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Prescribed reasons for failing to make pledge of commitment","content":"#### 9 Prescribed reasons for failing to make pledge of commitment\n\n  (1) For the purposes of subsection 25(3) of the Act, this section prescribes reasons for failing to make a pledge of commitment.\n  (2) A person has a prescribed reason for failing to make a pledge of commitment if:\n    (a) the person was prevented from making a pledge because the Minister has determined under subsection 26(3) of the Act that the person cannot make the pledge until the end of a specified period; and\n    (b) either:\n    (i) the determination is in force, and the specified period has not yet ended; or\n    (ii) the determination has ceased to be in force or the specified period has ended, but the person has not yet had a reasonable period in which to make a pledge.\n  (3) Subject to subsection (5), a person has a prescribed reason for failing to make a pledge of commitment if:\n    (a) the person could not make a pledge, either in Australia or at an Australian mission overseas, because during the period referred to in paragraph 25(3)(a) of the Act the person was overseas:\n    (i) for medical treatment that was not available in Australia; or\n    (ii) for any purpose, and was unexpectedly hospitalised; or\n    (iii) to care for a person who was critically ill; or\n    (iv) for a funeral and other associated arrangements; and\n    (b) either:\n    (i) the person still cannot make a pledge for the reason mentioned in paragraph (a); or\n    (ii) the person is now able to make a pledge, but the person has not yet had a reasonable period in which to do so.\n  (4) Subject to subsection (5), a person has a prescribed reason for failing to make a pledge of commitment if:\n    (a) the person could not make a pledge because of an administrative error or omission made by:\n    (i) the Commonwealth, a State or a Territory; or\n    (ii) an authority of the Commonwealth, a State or a Territory; or\n    (iii) a local government authority; and\n    (b) either:\n    (i) the person still cannot make a pledge for the reason mentioned in paragraph (a); or\n    (ii) the person is now able to make a pledge, but the person has not yet had a reasonable period in which to do so.\n  (5) For the purposes of subsection (3) or (4), a person has a prescribed reason only if the person gives the Minister:\n    (a) a signed statement to support the claim, including a description of any effort that the person made to make a pledge of commitment within the relevant period; and\n    (b) written evidence that supports the statement.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Arrangements for making pledge of commitment","content":"#### 10 Arrangements for making pledge of commitment\n\n  For the purposes of subsection 27(2) of the Act, the arrangements are:\n    (a) the pledge of commitment must be made in public if it is reasonably practicable to do so; and\n    (b) the person before whom the pledge is made must read aloud the address specified in Schedule 1 to the person making the pledge.\n\n> Note: In addition to the arrangements that are required for the purposes of subsection 27(2) of the Act, the Department may notify arrangements for making a pledge of commitment, or conducting a ceremony, that are designed to impress upon applicants the responsibilities and privileges of Australian citizenship.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Registration under section 31 of the Act","content":"#### 11 Registration under section 31 of the Act\n\n  For the purposes of section 31 of the Act, a person is registered by the Minister:\n    (a) making a record of the fact that the person is an Australian citizen by resumption of citizenship; and\n    (b) including the record on a data storage system kept by the Department.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Form of notice under subsection 37(3) of the Act","content":"#### 12 Form of notice under subsection 37(3) of the Act\n\n  (1) For the purposes of subsection 37(3) of the Act, a notice must be in accordance with the form in Schedule 2.\n  (2) The signature of the Minister on the notice may be a facsimile that is printed or stamped.\n  (3) The signature of one or more presiding officers may be included on the notice.\n  (3A) The signature of a presiding officer, if included on the notice, may be a facsimile that is printed or stamped.\n  (3B) A presiding officer whose signature appears on the notice need not be the presiding officer before whom the pledge of commitment was made by the person who is the subject of the notice.\n  (4) The following information in relation to the person to whom the notice is given may be set out on the back of the notice:\n    (a) the person’s name at the time of acquisition of Australian citizenship, if different from the person’s current name;\n    (b) the date of any notice of evidence of Australian citizenship previously given to the person;\n    (c) any other name in which a notice of evidence of Australian citizenship has previously been given to the person;\n    (d) any other date of birth in a notice of evidence of Australian citizenship previously given to the person.\n\n> Note: A notice given under section 37 of the Act is prima facie evidence of the matters in the notice (see subsection 37(5) of the Act).\n\n  (5) If the back of the notice sets out any of the information referred to in subsection (4), the signature of the Minister (which may be a facsimile that is printed or stamped) must also be included on the back of the notice.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Personal identifiers","content":"#### 13 Personal identifiers\n\n  For the purposes of subsection 40(2) of the Act, a request must inform the person of the following matters:\n    (a) why a personal identifier must be provided;\n    (b) how a personal identifier may be collected;\n    (c) how a personal identifier may be used;\n    (d) the circumstances in which a personal identifier may be disclosed to a third party;\n    (e) that a personal identifier may be produced in evidence in a court or tribunal in relation to the person who provided the personal identifier;\n    (f) that the Privacy Act 1988 applies to a personal identifier, and that the person has a right to make a complaint to the Australian Information Commissioner about the handling of personal information;\n    (g) that the Freedom of Information Act 1982 gives a person access to certain information and documents in the possession of the Government of the Commonwealth and of its agencies, and that the person has a right under that Act to seek access to that information or those documents, and to seek amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Other matters","content":"## Part 3—Other matters","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Application for replacement of evidence of Australian citizenship lost, destroyed or damaged due to a natural disaster","content":"#### 15 Application for replacement of evidence of Australian citizenship lost, destroyed or damaged due to a natural disaster\n\n  (1) This section applies to an application under section 37 of the Act for evidence of Australian citizenship if:\n    (a) the application relates to the replacement of evidence of Australian citizenship that was lost, destroyed or damaged due to a natural disaster that is included on a list of natural disasters published by the Department on its website; and\n    (b) the application is made within 18 months of the date specified for the natural disaster on the list.\n  (2) For the purposes of paragraph 46(1)(c) of the Act, the application must be accompanied by the following:\n    (a) a statutory declaration stating that the evidence of Australian citizenship has been lost, destroyed or damaged due to the natural disaster;\n    (b) if the evidence of Australian citizenship is damaged—the damaged evidence of Australian citizenship.\n\n> Note: No fee is payable for an application to which this section applies (see Schedule 3).","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Fees to accompany applications","content":"#### 16 Fees to accompany applications\n\n  For the purposes of paragraph 46(1)(d) of the Act, the fee to accompany an application under a provision of the Act is the amount set out in Schedule 3 to this instrument for the application.","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Refund of fees under subsection 46(3) of the Act","content":"#### 17 Refund of fees under subsection 46(3) of the Act\n\n  (1) The Minister may refund the whole or part of a fee that has been paid under section 46 of the Act in relation to an application made under section 16, 19C, 21 or 29 of the Act in any of the following circumstances:\n    (a) a person has previously made an application under the same section and a decision on that application has not been made;\n    (b) a person has made an application as a result of incorrect advice given by the Department;\n    (c) a person is an Australian citizen;\n    (d) a person has paid an incorrect fee.\n  (2) The Minister may refund the whole or part of a fee that has been paid under section 46 of the Act in relation to an application made under section 33 of the Act in either of the following circumstances:\n    (a) a person has previously made an application under the same section and a decision on that application has not been made;\n    (b) a person has made an application as a result of incorrect advice given by the Department.\n  (3) The Minister may refund the whole or part of a fee that has been paid under section 46 of the Act in relation to an application made under section 37 of the Act in any of the following circumstances:\n    (a) a person has previously made an application under the same section and a decision on that application has not been made;\n    (b) a person has made an application as a result of incorrect advice given by the Department;\n    (c) a person has already been given evidence of his or her Australian citizenship, but a Departmental error was made which resulted in an error in the information provided in the evidence.\n  (4) If a person:\n    (a) made an application under section 21 of the Act; and\n    (b) claimed eligibility in that application on the basis of the criteria in subsection 21(2) of the Act; and\n    (c) paid the amount specified in item 13 of Schedule 3; and\n    (d) does not satisfy the criteria in subsection 21(2) of the Act because he or she did not sit a test as described in paragraph 21(2A)(a) of the Act;\n  the Minister may refund an amount equal to the difference between:\n    (e) the amount specified in that item; and\n    (f) the amount specified in item 10 or 17 of Schedule 3, whichever is applicable.\n  (6) If a person:\n    (a) made an application under section 21 of the Act; and\n    (b) claimed eligibility in that application on the basis of the criteria in subsection 21(2) of the Act; and\n    (c) paid the amount specified in item 14 of Schedule 3; and\n    (d) does not satisfy the criteria in subsection 21(2) of the Act because he or she did not sit a test as described in paragraph 21(2A)(a) of the Act;\n  the Minister may refund an amount equal to the difference between:\n    (e) the amount specified in that item; and\n    (f) the amount specified in item 16 or 18 of Schedule 3, whichever is applicable.","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Form of notice under section 47 of the Act","content":"#### 18 Form of notice under section 47 of the Act\n\n  For the purposes of subsection 47(4) of the Act, the Minister must give notice of a decision under the Act by:\n    (a) personal delivery; or\n    (b) prepaid post to the last address given to the Department; or\n    (c) electronic means.","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Transitional arrangements","content":"## Part 4—Transitional arrangements","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Transitional provisions relating to the commencement of this instrument—applications made before commencement","content":"#### 19 Transitional provisions relating to the commencement of this instrument—applications made before commencement\n\n  (1) This section applies in relation to an application made under the Act and in accordance with the Australian Citizenship Regulations 2007 (the old regulations) before 1 January 2017.\n  (2) The application is taken, on and after 1 January 2017, to have been made in accordance with this instrument.\n  (3) However, the following amounts are to be worked out in accordance with the old regulations as in force immediately before the start of 1 January 2017 (subject to any provisions of a transitional nature in those regulations):\n    (a) the amount of any fee payable in accordance with the old regulations in relation to the application;\n    (b) the amount of any refund of such a fee.","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Application of amendments made by the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017","content":"#### 20 Application of amendments made by the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017\n\n  The amendments of section 16 made by Schedule 10 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 apply in relation to an application made on or after 1 July 2017.","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Application of amendment made by Schedule 4 to the Home Affairs Legislation Amendment (2018 Measures No. 1) Regulations 2018","content":"#### 21 Application of amendment made by Schedule 4 to the Home Affairs Legislation Amendment (2018 Measures No. 1) Regulations 2018\n\n  The amendment of section 16 made by Schedule 4 to the Home Affairs Legislation Amendment (2018 Measures No. 1) Regulations 2018 applies in relation to an application made on or after 1 July 2018.","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Application of amendment made by Schedule 1 to the Australian Citizenship Amendment (Payment of Fees) Regulations 2018","content":"#### 22 Application of amendment made by Schedule 1 to the Australian Citizenship Amendment (Payment of Fees) Regulations 2018\n\n  The amendment of section 16 made by item 1 of Schedule 1 to the Australian Citizenship Amendment (Payment of Fees) Regulations 2018 applies in relation to an application made on or after 1 January 2019.","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Application of amendment made by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Concession Codes and Payment of Fees) Regulations 2019","content":"#### 23 Application of amendment made by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Concession Codes and Payment of Fees) Regulations 2019\n\n  The amendment of Schedule 3 made by item 2 of Schedule 1 to the Australian Citizenship Amendment (Concession Codes and Payment of Fees) Regulations 2019 applies in relation to an application made on or after 2 March 2019.","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Application of amendment made by Part 2 of Schedule 1 to the Australian Citizenship Amendment (Concession Codes and Payment of Fees) Regulations 2019","content":"#### 24 \n\n#### Application of amendment made by Part\n\n \n\n#### 2 of Schedule\n\n \n\n#### 1 to the\n\n \n\n#### Australian Citizenship Amendment (Concession Codes and Payment of Fees) Regulations\n\n \n\n#### 2019\n\n  The amendment of section 16 made by item 3 of Schedule 1 to the Australian Citizenship Amendment (Concession Codes and Payment of Fees) Regulations 2019 applies in relation to an application made on or after 1 July 2019.","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Application of amendment made by Schedule 1 to the Home Affairs Legislation Amendment (2019 Measures No. 1) Regulations 2019","content":"#### 25 Application of amendment made by Schedule 1 to the Home Affairs Legislation Amendment (2019 Measures No. 1) Regulations 2019\n\n  The amendment of section 16 made by Schedule 1 to the Home Affairs Legislation Amendment (2019 Measures No. 1) Regulations 2019 applies in relation to an application made on or after 1 January 2020.","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Application of amendment made by Schedule 1 to the Home Affairs Legislation Amendment (2020 Measures No. 1) Regulations 2020","content":"#### 26 Application of amendment made by Schedule 1 to the Home Affairs Legislation Amendment (2020 Measures No. 1) Regulations 2020\n\n  The amendment of section 16 made by Schedule 1 to the Home Affairs Legislation Amendment (2020 Measures No. 1) Regulations 2020 applies in relation to an application made on or after 1 July 2020.","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Application of amendment made by Schedule 3 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020","content":"#### 27 Application of amendment made by Schedule 3 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020\n\n  The amendment of section 16 made by Schedule 3 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020 applies in relation to an application made on or after 1 January 2021.","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Application of amendments made by Schedules 5 and 6 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021","content":"#### 28 Application of amendments made by Schedules 5 and 6 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021\n\n  The amendments of sections 16 and 17 and Schedule 3 made by Schedules 5 and 6 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021 apply in relation to an application under a provision of the Act made on or after 1 July 2021.","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Fee for applications for evidence of citizenship where certain applications for citizenship approved after 1 July 2021","content":"#### 29 Fee for applications for evidence of citizenship where certain applications for citizenship approved after 1 July 2021\n\n  (1) For the purposes of paragraph 46(1)(d) of the Act, the fee to accompany an application (the evidence application) under section 37 of the Act is nil if:\n    (a) the applicant made an application under section 16 or 19C of the Act before 1 July 2021; and\n    (b) the Minister approves the applicant becoming an Australian citizen on or after 1 July 2021; and\n    (c) the evidence application is made within the period:\n    (i) starting on 1 July 2021; and\n    (ii) ending 6 months after the day on which the Minister approves the applicant becoming an Australian citizen.\n  (2) Section 16 does not apply to the evidence application.","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Application of amendment made by Schedule 2 to the Home Affairs Legislation Amendment (2021 Measures No. 2) Regulations 2021","content":"#### 30 Application of amendment made by Schedule 2 to the Home Affairs Legislation Amendment (2021 Measures No. 2) Regulations 2021\n\n  The amendment of section 16 made by Schedule 2 to the Home Affairs Legislation Amendment (2021 Measures No. 2) Regulations 2021 applies in relation to an application made on or after 1 January 2022.","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Application of amendments made by Schedule 1 to the Home Affairs Legislation Amendment (2022 Measures No. 1) Regulations 2022","content":"#### 31 Application of amendments made by Schedule 1 to the Home Affairs Legislation Amendment (2022 Measures No. 1) Regulations 2022\n\n  The amendments of sections 16 and 17 made by Schedule 1 to the Home Affairs Legislation Amendment (2022 Measures No. 1) Regulations 2022 apply in relation to an application made on or after 1 July 2022.","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Application of amendment made by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Translation Requirements for Applications) Regulations 2022","content":"#### 32 Application of amendment made by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Translation Requirements for Applications) Regulations 2022\n\n  (1) The repeal of section 14 by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Translation Requirements for Applications) Regulations 2022 applies in relation to an application made before the commencement of that Part if:\n    (a) a decision on the application had not been made before that commencement; or\n    (b) a decision on the application had been made before that commencement and one of the following applies:\n    (i) as at that commencement, the time for making an application for review of the decision under section 52 of the Act has not ended;\n    (ii) as at that commencement, the decision is subject to a review under section 52 of the Act that has not been completed;\n    (iii) before that commencement, the decision was remitted to the Minister following a review under section 52 of the Act, and the Minister has not, as at that commencement, reconsidered the decision.\n  (2) The repeal of section 14 by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Translation Requirements for Applications) Regulations 2022 also applies in relation to an application made on or after the commencement of that Part.","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Application of amendments made by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Indexation of Citizenship Application Fees) Regulations 2023","content":"#### 33 Application of amendments made by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Indexation of Citizenship Application Fees) Regulations 2023\n\n  The amendments of this instrument made by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Indexation of Citizenship Application Fees) Regulations 2023 apply in relation to an application made on or after 1 July 2023.","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Application of amendments made by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Refund of Fees) Regulations 2023","content":"#### 34 Application of amendments made by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Refund of Fees) Regulations 2023\n\n  The amendments of this instrument made by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Refund of Fees) Regulations 2023 apply in relation to an application made on or after 1 July 2023.","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Application of amendments made by Part 1 of Schedule 1 of the Australian Citizenship Amendment (Indexation of Fees) Regulations 2024","content":"#### 35 Application of amendments made by Part 1 of Schedule 1 of the Australian Citizenship Amendment (Indexation of Fees) Regulations 2024\n\n  The amendments of this instrument made by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Indexation of Fees) Regulations 2024 apply in relation to an application made on or after 1 July 2024.","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Application of amendments made by Part 1 of Schedule 1 of the Australian Citizenship Amendment (Indexation of Fees) Regulations 2025","content":"#### 36 Application of amendments made by Part 1 of Schedule 1 of the Australian Citizenship Amendment (Indexation of Fees) Regulations 2025\n\n  The amendments of this instrument made by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Indexation of Fees) Regulations 2025 apply in relation to an application made on or after 1 July 2025.","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Application of amendments made by Schedule 1 to the Australian Citizenship Amendment (Notices of Citizenship) Regulations 2025","content":"#### 37 Application of amendments made by Schedule 1 to the Australian Citizenship Amendment (Notices of Citizenship) Regulations 2025\n\n  The amendments of this instrument made by Schedule 1 to the Australian Citizenship Amendment (Notices of Citizenship) Regulations 2025 apply in relation to a notice given under subsection 37(2) of the Act, whether the application for the notice was made before, on or after the commencement of Schedule 1 to those regulations.","sortOrder":38}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument as supplied incorporates multiple later amendments and transitional application rules (see sections 19–37). Those provisions change how key parts of the instrument apply over time—particularly fee levels, fee concessions, indexation arrangements and certain procedural changes (see s20–s37). Substantively, the instrument prescribes procedural mechanics (registration, notice forms, pledge arrangements, evidentiary requirements, personal identifier disclosures) and adds specific prescriptions (Hague adoption regulations in s6A; prescribed visas in s8), while also creating discrete exemptions (natural disaster fee relief in s15 and a time-limited nil fee in s29). The cumulative effect is that the instrument’s operational scope has been adjusted by later regulations listed in the transitional sections, so determining current scope requires applying those dated amendment clauses to a given application."},"complexity_factors":["Extensive cross-references to the Australian Citizenship Act 2007 and to other regulations (e.g. Family Law adoption regulations) (see s6A, s9(2)(a) referencing subsection 26(3) of the Act).","Multiple fee items and fee-related rules are deferred to Schedule 3 (s16) and to a series of later amendment instruments that apply from different dates (s19–s37), requiring temporal and document-tracking to determine applicable fees.","Several discretionary powers vested in the Minister (refunds under s17; determinations affecting ability to make a pledge referenced in s9), which require case-by-case administrative decisions.","Detailed evidentiary and procedural conditions for exceptions (prescribed reasons for failing a pledge with signed statements and supporting evidence s9(5); disaster replacement documentary requirements s15(2)).","Numerous transitional and commencement clauses (s19–s37) that change application depending on when an application was made or approved, increasing compliance and interpretive complexity.","Form and signature rules for notices include variations (facsimile signatures, presiding officer signatures on front/back, cross-referencing Schedule 2) that affect document handling (s12)."],"plain_english_summary":"What this instrument does (mechanics)\n\n- It sets detailed administrative rules for how Australian citizenship matters are handled under the Australian Citizenship Act 2007. Key mechanics include:\n  - How the Minister records people as citizens by descent, adoption or resumption (the Minister makes a record and puts it on the Department’s data storage system) (see sections 6, 7, 11).\n  - Which intercountry adoption rules count for citizenship by adoption (the Hague Convention and a specified Family Law bilateral regulations are prescribed) (see section 6A).\n  - Which visa classes count for the Act’s defence-service requirement (four employer/labour nomination visa classes are prescribed) (see section 8).\n  - What reasons count as valid for failing to make the pledge of commitment and what evidence is required (medical treatment, hospitalisation, caring for critically ill person, funerals, administrative errors, and Minister determinations; statutory statement and supporting documents are required) (see section 9(2)–(5)).\n  - Formal arrangements for making the pledge: it must be public if reasonably practicable and the presiding officer must read aloud the Schedule 1 address to the person making the pledge (see section 10).\n  - The permitted form and signing of notices of evidence of citizenship, including that ministerial and presiding officer signatures may be facsimiles, and what additional information may appear on the reverse of a notice (see section 12(1)–(5)).\n  - What must be told to a person when requesting a personal identifier (why it’s required, how it may be collected and used, disclosure circumstances, evidence use, and relevant privacy and FOI rights) (see section 13).\n  - A natural-disaster concession for replacement of lost/damaged evidence of citizenship: applications relating to disasters on the Department’s published list (made within 18 months) must include a statutory declaration and, if damaged, the damaged evidence; no fee applies to such applications (see section 15(1)–(2) and note to section 15).\n  - Which fees apply to applications (fees are the amounts set in Schedule 3) and a detailed, discretionary refund power for the Minister in listed circumstances (see sections 16 and 17).\n  - Acceptable methods for giving statutory notices (personal delivery, prepaid post to the last address, or electronic means) (see section 18).\n  - Transitional and commencement rules that specify how multiple later amendments apply to applications made on or after particular dates (see sections 19–37).\n\nOfficial purpose-claims and how they map to mechanics\n\n- The instrument’s notes and provisions indicate purposes such as ensuring proper documentary and procedural form, accommodating exceptional circumstances (e.g. natural disasters, medical emergencies), and aligning adoption and visa classes with other laws. Those claimed aims are implemented by: prescribing particular external instruments for adoption (s6A); listing prescribed visas (s8); setting evidentiary requirements and time limits for disaster relief (s15); and defining what excuses for missing a pledge are acceptable and what supporting material is needed (s9).\n\nWho pays, who decides, and what changes in behaviour\n\n- Who pays: applicants normally pay the fees set out in Schedule 3 (s16). There are specified fee exemptions or nil-fee situations: replacement of evidence lost or damaged in a listed natural disaster (s15 note) and a time-limited nil fee for certain evidence applications where earlier citizenship applications were made before 1 July 2021 and approved on/after that date (s29(1)).\n- Who decides: the Minister performs registrations and keeps the Department’s records (s6, s7, s11), decides on refunds under listed grounds (s17), and can determine that a person cannot make a pledge for a specified period (see cross-reference in s9(2)(a) to subsection 26(3) of the Act). Presiding officers implement pledge ceremonies and may have signatures appear on notices (s10, s12).\n- Behaviour changes required of applicants: provide statutory declarations or signed statements plus supporting documentary evidence where claiming prescribed reasons for failing a pledge (s9(5)); provide damaged evidence and a statutory declaration in disaster-replacement claims (s15(2)); comply with fee payments unless an exemption applies (s16, s29); and supply personal identifiers after being informed of specified matters (s13).\n\nCosts, incentives, trade-offs, compliance burden and discretion\n\n- Compliance burden: applicants must supply written evidence, statutory declarations and sometimes damaged documents (s9(5), s15(2)). The requirement to include records on the Department’s data storage system (s6, s7, s11) creates a standardized recordkeeping process for applicants and the Department.\n- Direct costs: fees in Schedule 3 are the immediate financial cost to applicants (s16). Amendments referenced in transitional sections (s20–s37) show that fee levels and concession rules have been changed or indexed over time (see s33–s36 references to indexation), affecting applicant costs depending on application timing.\n- Administrative discretion: the Minister has express discretion to refund whole or part of fees in a number of specified circumstances (s17(1)–(3), (4), (6)). That discretion determines whether an applicant gets a refund and how much. The Department also retains discretion to publish lists of natural disasters that trigger fee relief (s15(1)(a)) and to notify arrangements for pledge ceremonies beyond the minimum arrangement set out (note to s10). These discretionary points determine how exceptions and relief are applied in individual cases (see s15, s17, and the note to s10).\n- Trade-offs and opportunity costs: the instrument balances standardised procedures (clear records, set forms, and standard notifications—s6, s12, s13, s18) with targeted exceptions (disaster relief, prescribed reasons for missing pledges—s9, s15). Administrative simplicity and predictability are gained at the cost of retaining discretionary exemptions that require case-by-case decisions (s17, s15).\n\nPractical effects on markets, organisations and individuals\n\n- Direct impact is largely administrative and on individuals applying for citizenship or related evidence. The main market-facing effects are limited: fees create a direct cost to applicants and periodic indexation (noted in transitional sections) can raise those costs over time (s16, s33–s36). Government departments exercise decision-making control over registration, fees, refunds and published disaster lists, affecting applicants’ costs and timing (s6, s15, s17).\n\nNotable implementation risks and compliance points\n\n- Applicants who miss pledge deadlines must meet the specific statutory and evidentiary requirements in section 9 to rely on a prescribed reason, including giving a signed statement and supporting documents (s9(5)).\n- Fee position depends on both Schedule 3 (not reproduced here) and a series of later amendment instruments and commencement dates (s19–s37). Applicants and advisers must check the version and dates that apply to their application (see transitional provisions in s19 and s20–s37).\n\nSource citations (select): s6, s6A, s7, s8, s9(1)–(5), s10, s12(1)–(5), s13, s15(1)–(2) and note, s16, s17(1)–(6), s18, s19–s37."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2016 regulation appears to have been a relatively straightforward administrative instrument covering registration, ceremonies, and basic fee structures. However, it has grown significantly through numerous amending instruments (referenced in sections 20-37), becoming primarily a vehicle for tracking fee indexation and payment rule changes across nearly a decade. The transitional provisions now dominate the instrument, suggesting the regulation's scope has shifted from substantive administrative rules to a complex chronology of fee amendments. Additionally, section 6A (added later) expanded the scope to cover intercountry adoption arrangements."},"complexity_factors":["19 separate transitional provisions (sections 19-37) tracking fee changes and amendments across nearly a decade (2017-2025), each with different commencement dates and application triggers","Multiple cross-references to the parent Act (Australian Citizenship Act 2007) and other regulations (Family Law regulations, various amending regulations)","Nested conditional logic in refund provisions (section 17) with multiple circumstances and sub-circumstances","Detailed procedural requirements for pledges (section 9) with layered exceptions and evidentiary requirements","Specific visa class prescriptions requiring external knowledge of migration law (section 8)","Technical requirements for official notices and signatures including facsimile rules (section 12)"],"plain_english_summary":"This regulation sets out the administrative details for how Australian citizenship works in practice. It covers:\n\n**Who it affects:** People applying for Australian citizenship, including those seeking citizenship by descent, adoption, or resumption (getting citizenship back after losing it), as well as people making the pledge of commitment at citizenship ceremonies.\n\n**What it does:**\n- **Registration:** Explains how the Minister records someone as a citizen (by making a digital record in the Department's system) for citizenship by descent, adoption, or resumption.\n- **Adoption:** Specifies which regulations apply for international adoptions under the Hague Convention or bilateral arrangements.\n- **Defence service:** Lists specific visas that count towards the defence service requirement for citizenship.\n- **Pledges:** Sets out valid reasons why someone might miss their citizenship ceremony (such as being overseas for medical treatment, caring for a critically ill person, attending a funeral, or administrative errors), and requires these claims to be backed by signed statements and evidence. It also requires ceremonies to be public where possible and specifies that the presiding officer must read a particular address to new citizens.\n- **Evidence of citizenship:** Specifies the form of official citizenship certificates, including that Ministerial signatures can be facsimiles (printed or stamped copies), and what extra information can appear on the back.\n- **Personal information:** Requires people to be told why their biometric data (personal identifiers like fingerprints or photos) is collected, how it will be used, and their privacy rights.\n- **Fees and refunds:** Sets out when application fees must be paid, when they can be refunded (such as for duplicate applications, incorrect advice, or Departmental errors), and special rules for fee waivers after natural disasters.\n- **Transitional rules:** Contains numerous provisions about when fee changes and other amendments apply to applications, depending on when the application was made.\n\n**Why it matters:** This regulation puts flesh on the bones of the Australian Citizenship Act 2007. While the Act sets out who can become a citizen, this regulation explains the practical steps—how to register, what happens at ceremonies, how much it costs, and what to do if things go wrong. It ensures the citizenship process runs smoothly and consistently across Australia."}},"importantCases":[],"_links":{"self":"/api/acts/australian-citizenship-regulation-2016","history":"/api/acts/australian-citizenship-regulation-2016/history","analysis":"/api/acts/australian-citizenship-regulation-2016/analysis","conflicts":"/api/acts/australian-citizenship-regulation-2016/conflicts","importantCases":"/api/acts/australian-citizenship-regulation-2016/important-cases","documents":"/api/acts/australian-citizenship-regulation-2016/documents"}}