What it does
The Australian Citizenship Act 2007 regulates the acquisition, evidence and cessation of Australian citizenship. Part 1 contains preliminary provisions including the short title in section 1, commencement arrangements in section 2 and a simplified outline in section 2A. The outline states that the Act covers automatic acquisition mainly by birth in Australia to a citizen or permanent resident parent or by 10 years ordinary residence, application routes including descent under Subdivision A of Division 2, Hague or bilateral adoption under Subdivision AA, conferral under Subdivision B and resumption under Subdivision C, identity requirements under Division 5 of Part 2, national security refusals, cessation by renunciation, revocation or court order under Division 3 of Part 2, and evidence via notice under Division 4 of Part 2. Division 1 of Part 2 sets out automatic acquisition. Section 12 provides citizenship by birth in Australia if a parent is an Australian citizen or permanent resident at the time of birth or if the person is ordinarily resident in Australia for the 10 year period beginning on the day of birth, subject to the enemy occupation exclusion in section 12(2). Section 13 provides citizenship by adoption under State or Territory law where at least one adopter is an Australian citizen and the person is present in Australia as a permanent resident at adoption. Section 14 provides citizenship for a child found abandoned in Australia unless the contrary is proved. Section 15 provides citizenship by incorporation of territory for persons in a class specified by ministerial legislative instrument. Division 2 of Part 2 addresses acquisition by application. Subdivision A covers citizenship by descent with eligibility under section 16(2) or (3) depending on the date of birth outside Australia, approval under section 17 subject to identity, national security and 12 month post cessation bars, registration under section 18 and commencement on the day of approval under section 19, subject to the parent citizenship requirement in section 19A. Subdivision AA covers citizenship for Hague Convention or bilateral arrangement adoptions with eligibility under section 19C(2) requiring an adoption compliance certificate, recognition under the Intercountry Adoption regulations or Bilateral Arrangements regulations, termination of prior legal parent relationships and good character for those aged 18 or over, approval under section 19D subject to similar bars, registration under section 19E and commencement on the day of approval under section 19F. Subdivision B covers citizenship by conferral with seven eligibility streams under section 21(2) to (8) including general eligibility requiring permanent residence, residence or defence service requirements, understanding of the application, basic English, knowledge of Australia and citizenship, likely residence or association with Australia and good character, permanent or enduring incapacity under section 21(3), age 60 or over or permanent impairment of hearing speech or sight under section 21(4), under 18 under section 21(5), birth outside Australia to a former citizen parent under section 21(6), birth in Papua before 16 September 1975 under section 21(7) and statelessness under section 21(8). General residence requirements appear in section 22, special residence for beneficial activities in section 22A, special residence for regular travel work in section 22B, defence service in section 23 and the citizenship test in section 23A. Approval occurs under section 24 subject to identity, national security, non presence, offence and cessation bars, with cancellation possible under section 25. A pledge of commitment is required under section 26 unless exempt, made under section 27 and leading to commencement under section 28. Subdivision C covers resumption of citizenship with eligibility under section 29(2) or (3) depending on the prior cessation, approval under section 30 subject to identity and national security bars, registration under section 31 and resumption on the day of approval under section 32. Division 3 of Part 2 addresses cessation. Section 33 allows renunciation by application for those aged 18 or over who are foreign nationals or citizens or born or ordinarily resident in a foreign country without entitlement to its nationality because of Australian citizenship, subject to identity, war and public interest considerations, with cessation at approval. Section 34 allows revocation for offences or fraud including convictions under section 50 or Criminal Code sections 137.1 or 137.2 relating to the application or third party fraud for descent or adoption citizens, and additional grounds of serious offence conviction, migration related fraud or third party fraud for conferral citizens, where contrary to the public interest, with statelessness protection under section 34(3). Section 34A allows revocation for special residence requirement non compliance where alternative requirements under section 22A(1A) or 22B(1A) were used, exercisable only personally and subject to statelessness protection. Section 36 allows revocation of a child's citizenship where a responsible parent ceases under sections 33, 34 or 34A, subject to another responsible parent remaining a citizen or statelessness protection. Subdivision C of Division 3 provides for court citizenship cessation orders under sections 36A to 36D and 36L where a person aged 14 or over is convicted of one or more serious offences listed in section 36C(3) including provisions on explosives, treason, mutiny advocacy, espionage, foreign interference, terrorism, state sponsors of terrorism and foreign incursions, sentenced to at least three years imprisonment in total, the Minister applies before sentencing after consulting the Foreign Affairs Minister, and the court is satisfied the conduct repudiates allegiance to Australia having regard to factors in section 36C(5) and (6) including repudiation of democratic values, scale of commitment, impact and harm to life, best interests of children or dependants and connection to other nationality. Citizenship ceases at the order under section 36B(1) with restoration if the order is overturned or quashed. Section 36L prevents resumption under Divisions 1 or 2 after such cessation. Division 4 of Part 2 provides for evidence of citizenship. Section 37 allows application for a notice stating citizenship at a particular time, issued only if identity is satisfied, serving as prima facie evidence and subject to cancellation. Section 38 requires surrender of physical notices after revocation or cancellation on written request with at least 28 days notice. Division 5 of Part 2 regulates personal identifiers. Section 40 allows the Minister or authorised persons to request personal identifiers including fingerprints or handprints, height and weight, face image including neck and shoulders under section 10A, iris scan, signature or prescribed external body identifiers for identity verification in applications or citizenship tests. Section 41 allows regulations to prescribe procedures. Part 3 addresses other matters. Division 2 covers application and decision making procedures. Section 46 requires applications on approved forms with required information, prescribed documents and fees, with special rules for children under 16 under section 46(2A) and evidence applications under section 46(1AA). Section 47 requires notice of decisions with reasons for adverse decisions. Sections 48 and 49 authorise computerised decision making with substitution of more favourable decisions where a program malfunctioned and prima facie evidence of program functioning. Section 51A allows use of things seized under Crimes Act 1914 Division 2 of Part 1AA search warrants for citizenship decisions. Section 51B requires annual parliamentary reports on section 36D applications relating to convicted persons, subject to exclusions for operationally sensitive information or prejudice to security, defence or international relations. Section 52 provides for review by the Administrative Review Tribunal of refusals of approval, cancellations, revocations and evidence refusals, with requirements for permanent residence in some conferral cases and limits on reviewing special residence powers. Section 53 allows delegation except for citizenship test approval and section 36D applications. Section 54 allows regulations for required or convenient matters. Section 11 extends the Act to external Territories, applies it outside Australia unless contrary intention appears, and excludes State or Territory laws providing for Australian citizenship.