ComLaw Authoritative Act C2015C00383
Australian Citizenship (Transitionals
and Consequentials) Act 2007
No. 21, 2007
Compilation No. 5
Compilation date: 1 July 2015
Includes amendments up to: Act No. 60, 2015
Registered: 10 August 2015
Prepared by the Office of Parliamentary Counsel, Canberra
About this compilation
This compilation
This is a compilation of the Australian Citizenship (Transitionals and
Consequentials) Act 2007 that shows the text of the law as amended and in
force on 1 July 2015 (the compilation date).
This compilation was prepared on 10 August 2015.
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but
not commenced at, the compilation date are underlined in the endnotes. For
more information on any uncommenced amendments, see the series page on
ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on ComLaw for the
compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
ComLaw Authoritative Act C2015C00383
ComLaw Authoritative Act C2015C00383
Contents 1 Short title ...........................................................................................1
2 Commencement.................................................................................1
3 Schedule(s) ........................................................................................2
Schedule 1—Consequential amendments 3
Part 1—Amendments 3
Administrative Appeals Tribunal Act 1975 3
Age Discrimination Act 2004 3
Air Navigation Act 1920 3
Australian Passports Act 2005 3
Australian Security Intelligence Organisation Act 1979 4
Circuit Layouts Act 1989 4
Civil Aviation (Carriers’ Liability) Act 1959 4
Commonwealth Electoral Act 1918 4
Commonwealth Serum Laboratories Act 1961 5
Consular Privileges and Immunities Act 1972 5
Copyright Act 1968 6
Crimes Act 1914 6
Criminal Code Act 1995 6
Diplomatic Privileges and Immunities Act 1967 6
Electronic Transactions Act 1999 7
Financial Transaction Reports Act 1988 8
Higher Education Funding Act 1988 8
Legislative Instruments Act 2003 9
Qantas Sale Act 1992 9
Veterans’ Entitlements Act 1986 10
Part 2—Repeal 11
Australian Citizenship Act 1948 11
Schedule 2—Other amendments 12
Immigration (Education) Act 1971 12
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Schedule 3—Application and transitional provisions 13
Part 1—Provisions relating to the enactment of the Australian
Part 2—Provisions relating to the amendments made by
Citizenship Act 2007 13
Schedules 1 and 2 to this Act 23
Endnotes 25
Endnote 1—About the endnotes 25
Endnote 2—Abbreviation key 26
Endnote 3—Legislation history 27
Endnote 4—Amendment history 28
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An Act to provide for transitional and
consequential matters relating to the enactment of
the Australian Citizenship Act 2007, and for other
purposes
1 Short title
This Act may be cited as the Australian Citizenship (Transitionals
and Consequentials) Act 2007.
2 Commencement
(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.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1 to 3 The day on which this Act receives the 15 March 2007
and anything in Royal Assent.
this Act not
elsewhere covered
by this table
2. Schedules 1 to At the same time as sections 2A to 54 of the 1 July 2007 (see
Australian Citizenship Act 2007 commence. F2007L01653)
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.
(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.
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3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect
according to its terms.
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Consequential amendments Schedule 1
Amendments Part 1
Schedule 1—Consequential amendments
Part 1—Amendments
Administrative Appeals Tribunal Act 1975
1 Paragraph 21AA(5)(c)
Omit “Australian Citizenship Act 1948”, substitute “Australian
Citizenship Act 2007”.
Age Discrimination Act 2004
2 Paragraph 43(2)(a)
Repeal the paragraph, substitute:
(a) the Australian Citizenship Act 2007; or
Air Navigation Act 1920
3 Subsection 11A(4) (definition of Australian citizen)
Repeal the definition, substitute:
Australian citizen has the same meaning as in the Australian
Citizenship Act 2007.
Australian Passports Act 2005
4 Paragraph 53(3)(b)
Repeal the paragraph, substitute:
(b) the name on a notice given to the person under section 37 of
the Australian Citizenship Act 2007; or
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Schedule 1 Consequential amendments
Part 1 Amendments
Australian Security Intelligence Organisation Act 1979
5 Subsection 35(1) (paragraph (c) of the definition of prescribed administrative action)
Omit “Australian Citizenship Act 1948”, substitute “Australian
Citizenship Act 2007”.
Circuit Layouts Act 1989
6 Section 5 (definition of Australian protected person)
Repeal the definition.
7 Section 5 (paragraph (a) of the definition of eligible person)
Omit “citizen, an Australian protected person”, substitute “citizen”.
Civil Aviation (Carriers’ Liability) Act 1959
8 Section 5 (definition of Australian citizen)
Repeal the definition, substitute:
Australian citizen has the same meaning as in the Australian
Citizenship Act 2007.
Commonwealth Electoral Act 1918
9 Paragraph 99A(1)(a)
Repeal the paragraph, substitute:
(a) makes an application to become an Australian citizen under
section 21 of the Australian Citizenship Act 2007; and
10 Subparagraph 99A(4)(d)(i)
Omit “for a certificate of Australian citizenship”, substitute “to become
an Australian citizen”.
11 Paragraph 99A(6)(b)
Repeal the paragraph, substitute:
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Consequential amendments Schedule 1
Amendments Part 1
(b) if the person becomes an Australian citizen as a result of the
person’s application to become an Australian citizen—inform
the Electoral Commissioner, as soon as practicable, that the
person has become an Australian citizen.
12 Subsection 99A(7)
Omit “is granted a certificate of Australian citizenship”, substitute
“becomes an Australian citizen”.
13 Subsection 99A(7)
Omit “is granted the certificate of citizenship”, substitute “becomes an
Australian citizen”.
14 Subsection 99A(8)
Omit “a certificate of Australian citizenship”, substitute “approval to
become an Australian citizen”.
15 Paragraph 170(1)(c)
Omit “, having been granted a certificate of Australian citizenship”.
16 Subparagraph 170(1)(c)(ii)
Repeal the subparagraph.
Commonwealth Serum Laboratories Act 1961
17 Subsection 19B(1) (definition of Australian citizen)
Repeal the definition, substitute:
Australian citizen has the same meaning as in the Australian
Citizenship Act 2007.
Consular Privileges and Immunities Act 1972
18 Subsection 3(1) (definition of Australian citizen)
Repeal the definition.
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Schedule 1 Consequential amendments
Part 1 Amendments
Copyright Act 1968
19 Subsection 10(1) (definition of Australian protected person)
Repeal the definition.
20 Subsection 32(4) (definition of qualified person)
Omit “, an Australian protected person”.
21 Section 84 (paragraph (a) of the definition of qualified person)
Omit “, an Australian protected person”.
22 Subsection 248A(1) (definition of qualified person)
Omit “, an Australian protected person”.
Crimes Act 1914
23 Paragraph 85ZZH(d)
Omit “Australian Citizenship Act 1948”, substitute “Australian
Citizenship Act 2007”.
Criminal Code Act 1995
24 Subsection 72.8(2) of the Criminal Code
Omit “Australian Citizenship Act 1948”, substitute “Australian
Citizenship Act 2007”.
25 Paragraph 115.7(1)(a) of the Criminal Code
Repeal the paragraph, substitute:
(a) the Australian Citizenship Act 2007;
Diplomatic Privileges and Immunities Act 1967
26 Subsection 4(1) (definition of Australian citizen)
Repeal the definition.
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Consequential amendments Schedule 1
Amendments Part 1
Electronic Transactions Act 1999
27 Clause 2 of Schedule 1
Repeal the clause, substitute:
2 Exempt citizenship documents
(1) Section 11 does not apply to a document required or permitted to
be produced in connection with:
(a) ascertaining whether a person is, or remains, an Australian
citizen; or
(b) the operation of a provision of a citizenship law that relates
to:
(i) registration; or
(ii) an application for, or the giving of, an approval to
become an Australian citizen; or
(iii) an application for, or the giving of, a notice about
evidence of Australian citizenship; or
(iv) the cancellation or surrender of a notice about evidence
of Australian citizenship; or
(v) the renunciation of Australian citizenship; or
(vi) the revocation of Australian citizenship; or
(c) the operation of a provision of a citizenship law that relates
to:
(i) the keeping of a register; or
(ii) the correction of an entry in a register; or
(iii) the cancellation of an entry in a register.
(2) In this clause:
citizenship law means:
(a) the Australian Citizenship Act 2007; or
(b) regulations under that Act.
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Schedule 1 Consequential amendments
Part 1 Amendments
Financial Transaction Reports Act 1988
28 Subsection 3(1) (definition of citizenship certificate)
After “declaration”, insert “, notice”.
29 Subsection 3(1) (before paragraph (a) of the definition of citizenship certificate)
Insert:
(aa) the Australian Citizenship Act 2007; or
30 Subsection 3(1) (paragraphs (b) and (c) of the definition of citizenship certificate)
Repeal the paragraphs.
31 Subsection 3(1) (definition of citizenship certificate)
Omit “under any”, substitute “under either”.
Higher Education Funding Act 1988
32 Section 3 (definition of permanent resident)
Repeal the definition, substitute:
permanent resident has the same meaning as in the Australian
Citizenship Act 2007.
33 Section 3 (definition of permanent visa)
Repeal the definition, substitute:
permanent visa has the same meaning as in the Migration Act
1958.
34 Subsection 41(3)
Omit “a certificate of Australian citizenship under section 13 of the
Australian Citizenship Act 1948 and who has yet to make the pledge
referred to in section 15”, substitute “an approval to become an
Australian citizen under section 24 of the Australian Citizenship Act
2007 and who has yet to make the pledge referred to in section 26”.
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Consequential amendments Schedule 1
Amendments Part 1
35 Paragraph 98B(1)(b)
Omit “a certificate of Australian citizenship under section 13 of the
Australian Citizenship Act 1948 and who has yet to make the pledge
referred to in section 15”, substitute “an approval to become an
Australian citizen under section 24 of the Australian Citizenship Act
2007 and who has yet to make the pledge referred to in section 26”.
36 Paragraph 98V(b)
Omit “a certificate of Australian citizenship under section 13 of the
Australian Citizenship Act 1948 and who has yet to make the pledge
referred to in section 15”, substitute “an approval to become an
Australian citizen under section 24 of the Australian Citizenship Act
2007 and who has yet to make the pledge referred to in section 26”.
37 Subparagraph 101(1)(d)(ii)
Omit “a certificate of Australian citizenship under section 13 of the
Australian Citizenship Act 1948 and who has yet to make the pledge
referred to in section 15”, substitute “an approval to become an
Australian citizen under section 24 of the Australian Citizenship Act
2007 and who has yet to make the pledge referred to in section 26”.
Legislative Instruments Act 2003
38 Subsection 44(2) (table item 1)
Repeal the item, substitute:
Determinations under subsection 5(2) of the Australian Citizenship
Act 2007
Qantas Sale Act 1992
40 Subsection 7(7) (definition of Australian citizen)
Repeal the definition, substitute:
Australian citizen has the same meaning as in the Australian
Citizenship Act 2007.
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Schedule 1 Consequential amendments
Part 1 Amendments
Veterans’ Entitlements Act 1986
41 Subsection 5G(1AA) (note 2)
Omit “Australian Citizenship Act 1948”, substitute “Australian
Citizenship Act 2007”.
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Consequential amendments Schedule 1
Repeal Part 2
Part 2—Repeal
Australian Citizenship Act 1948
42 The whole of the Act
Repeal the Act.
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Schedule 2 Other amendments
Schedule 2—Other amendments
Immigration (Education) Act 1971
1 Paragraphs 4D(1)(c) and (d)
Repeal the paragraphs, substitute:
(c) if the person fails to commence an approved English course
within the period of 12 months starting on the visa
commencement date.
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Application and transitional provisions Schedule 3
Provisions relating to the enactment of the Australian Citizenship Act 2007 Part 1
Schedule 3—Application and transitional provisions
Part 1—Provisions relating to the enactment of the Australian Citizenship Act 2007
1 Definitions
In this Part:
commencement day means the day on which sections 2A to 54 of the
Australian Citizenship Act 2007 commence.
new Act means the Australian Citizenship Act 2007.
old Act means the Australian Citizenship Act 1948 as in force at any
time before the commencement day.
2 Rules applicable to Australian citizens under the old Act
(1) This item applies to a person who was an Australian citizen under the
Australian Citizenship Act 1948 immediately before the commencement
day.
Note: The person becomes an Australian citizen under the new Act: see subsection 4(1) of the new Act.
Same kind of citizenship
(2) If the person, immediately before the commencement day, was an
Australian citizen under the provision set out in column 2 of the
following table, the person is taken, on and from that day, to be an
Australian citizen under the provision set out in column 3 of the table:
Same kind of citizenship
Column 1 Column 2 Column 3
Item Provision under which person was Provision under which person
a citizen is taken to be a citizen
1 Section 10B, 10C or 11 of the old Subdivision A of Division 2 of
Act Part 2 of the new Act
2 Division 2 of Part III of the old Act Subdivision B of Division 2 of
Part 2 of the new Act
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ComLaw Authoritative Act C2015C00383
Schedule 3 Application and transitional provisions
Part 1 Provisions relating to the enactment of the Australian Citizenship Act 2007
Person may cease to be a citizen under new Act
(3) This item does not prevent the person from ceasing to be an Australian
citizen under the new Act.
Note: For example, section 34 of the new Act allows the Minister to revoke a person’s citizenship.
3 Expanded meaning of some expressions in the new Act
Unlawful non-citizen
(1) For the purposes of subparagraph 16(2)(b)(i), subsection 19C(3) and
paragraphs 22(1)(b) and (6)(a) of the new Act, a person is taken to also
have been present in Australia as an unlawful non-citizen at a particular
time if the person:
(a) in relation to the period beginning on 19 December 1989 and
ending on 31 August 1994—was an illegal entrant at that
time within the meaning of the Migration Act 1958 as in
force at that time; and
(b) in relation to the period beginning on 2 April 1984 and
ending on 18 December 1989—was a prohibited non-citizen
at that time within the meaning of that Act as in force at that
time; and
(c) in relation to the period before 2 April 1984—was a
prohibited immigrant at that time within the meaning of that
Act as in force at that time; and
(d) for any time—was in Australia at that time in contravention
of a law of Norfolk Island or the Territory of Cocos
(Keeling) Islands.
Permanent visa
(2) For the purposes of the new Act, the definition of permanent visa in
section 3 of the new Act includes a valid permanent entry permit within
the meaning of the Migration Act 1958 as in force immediately before
1 September 1994.
Visa
(3) For the purposes of the new Act, the definition of visa in section 3 of
the new Act includes:
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Application and transitional provisions Schedule 3
Provisions relating to the enactment of the Australian Citizenship Act 2007 Part 1
(a) a valid entry permit within the meaning of the Migration Act
1958 as in force immediately before 1 September 1994; and
(b) a valid visa within the meaning of that Act as in force
immediately before 1 September 1994.
Defence service
(4) For the purposes of section 23 of the new Act:
(a) service in the permanent forces of the Commonwealth
includes service because of a notice under section 26 of the
National Service Act 1951 as in force at any time before
26 November 1964; and
(b) service in the Naval Reserve, the Army Reserve or Air Force
Reserve includes service in any reserve force that is a
predecessor (whether immediate or otherwise) of the Naval
Reserve, the Army Reserve or Air Force Reserve.
4 Citizenship by birth under the new Act
(1) Paragraph 12(1)(a) of the new Act applies to a person born on or after
the commencement day.
(2) Paragraph 12(1)(b) of the new Act applies to:
(a) a person born on or after the commencement day; and
(b) a person born before the commencement day who,
immediately before that day, has not been ordinarily resident
in Australia throughout the period of 10 years beginning on
the day the person was born.
Note: The effect of paragraph (b) of subitem (2) is that the period for which the person has been ordinarily resident in Australia before the commencement day will be counted under the new Act.
5 Citizenship by descent and conferral under the new Act
Subsections 17(5) and 24(7) of the new Act apply as if a reference to a
person ceasing to be an Australian citizen included a reference to a
person ceasing to be an Australian citizen under the old Act.
Note: The effect of this item is that if a person ceases to be an Australian citizen under the old Act, the person cannot become an Australian citizen under Subdivision A or B of Division 2 of Part 2 of the new Act for at least 12 months.
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Schedule 3 Application and transitional provisions
Part 1 Provisions relating to the enactment of the Australian Citizenship Act 2007
5A Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption
(1) Section 19C of the new Act applies in relation to adoptions that occur
before, on or after the commencement day.
(2) Paragraphs 19C(2)(e) and (f) of the new Act apply as if a reference to
Subdivision A included a reference to section 10B, 10C or 11 of the old
Act (about citizenship by descent).
5B Citizenship by conferral—persons who are permanent residents at commencement
(1) This item applies if:
(a) a person is a permanent resident (worked out under the old
Act) immediately before the commencement day; and
(b) the person makes an application under subsection 21(1) of
the new Act within the period of 3 years beginning on the
commencement day.
(2) In applying section 22 of the new Act to an application covered by
subitem (1), subsections 22(1) to (2), (4A) and (5A) of the new Act do
not apply and the following subsections of section 22 of the new Act
apply instead:
(1) For the purposes of section 21, a person satisfies the general
residence requirement if the person has been present in Australia
as a permanent resident for:
(a) a total period of at least 1 year in the period of 2 years before
the day the person made the application; and
(b) a total period of at least 2 years in the period of 5 years
before that day.
(2) Paragraph (1)(b) does not apply if the person:
(a) was born in Australia; or
(b) was an Australian citizen at any time before the person made
the application.
(3) For the purposes of subsection (1), the Minister must not take into
account any period during which the person has been:
(a) confined in a prison; or
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Application and transitional provisions Schedule 3
Provisions relating to the enactment of the Australian Citizenship Act 2007 Part 1
(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.
(3) In applying section 22 of the new Act to an application covered by
subitem (1), subsections 22(5), (6) and (11) of the new Act have effect
as if the reference in those subsections to “paragraph (1)(c)” were a
reference to “subsection (1)” (as applied by subitem (2) of this item).
6 Revocation of citizenship by conferral under the new Act
(1) This item applies to a person who, under subitem 2(2) of this Part, is
taken, on and from the commencement day, to be an Australian citizen
under Subdivision B of Division 2 of Part 2 of the new Act.
False or misleading statement in application
(2) Subparagraph 34(2)(b)(i) of the new Act applies as if it also referred to
the person’s conviction, at any time, of an offence against section 50 of
the old Act in relation to the person’s application for the certificate of
Australian citizenship made under the old Act.
Conviction of serious offence
(3) Subparagraph 34(2)(b)(ii) of the new Act applies as if it also referred to
the person’s conviction, at any time after the person made the
application for the certificate of Australian citizenship under the old
Act, of an offence referred to in subparagraph 21(1)(a)(ii) of the old Act
that the person committed at any time before the grant of the certificate.
Migration-related fraud
(4) Subparagraph 34(2)(b)(iii) of the new Act applies as if it also referred to
the person obtaining the certificate of Australian citizenship under the
old Act as a result of migration-related fraud within the meaning of
subsections 21(1A) and (1B) of the old Act.
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Schedule 3 Application and transitional provisions
Part 1 Provisions relating to the enactment of the Australian Citizenship Act 2007
7 Applications under the old Act
Old descent applications
(1) If a person’s application (the old application) made under section 10B,
10C or 11 of the old Act had not been decided immediately before the
commencement day, the old application is, on and from the
commencement day, taken to be an application (a new application) to
become an Australian citizen made under section 16 of the new Act.
Note: The new application will be assessed under Subdivision A of Division 2 of Part 2 of the new Act. Subitem (7) is also relevant to this assessment.
Old certificate by grant and stateless applications
(2) If a person’s application (the old application) made under section 13 or
23D of the old Act had not been decided immediately before the
commencement day, the old application is, on and from the
commencement day, taken to be an application (a new application) to
become an Australian citizen made under section 21 of the new Act.
Note: The new application will be assessed under Subdivision B of Division 2 of Part 2 of the new Act. Subitems (7) and (8) are also relevant to this assessment.
Old renunciation applications
(3) If:
(a) a person had made a declaration (the old declaration)
renouncing the person’s Australian citizenship under
section 18 of the old Act before the commencement day; and
(b) the Minister had not registered the old declaration or refused
to register the old declaration immediately before that day;
the old declaration is, on and from the commencement day, taken to be
an application (a new application) to renounce the person’s Australian
citizenship made under section 33 of the new Act.
Note: The new application will be assessed under Division 3 of Part 2 of the new Act. Subitem (7) is also relevant to this assessment.
Old resumption applications
(4) If:
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Application and transitional provisions Schedule 3
Provisions relating to the enactment of the Australian Citizenship Act 2007 Part 1
(a) a person had given the Minister a statement and declaration
(the old declaration) under subsection 23AA(1) or 23AB(1)
of the old Act before the commencement day; and
(b) the Minister had not registered the old declaration or refused
to register the old declaration immediately before that day;
the old declaration is, on and from the commencement day, taken to be
an application (a new application) to become an Australian citizen
again made under section 29 of the new Act.
Note: The new application will be assessed under Subdivision C of Division 2 of Part 2 of the new Act. Subitem (7) is also relevant to this assessment.
(5) If:
(a) an application (the old application) had been made under
subsection 23AA(2) or 23AB(3) of the old Act before the
commencement day in relation to a child; and
(b) the child satisfied paragraphs 23AA(2)(a), (b) and (c) or
23AB(3)(a), (b) and (c), as the case requires, at the time that
application was made; and
(c) the Minister had not decided the application immediately
before the commencement day;
the old application is, on and from the commencement day, taken to be
an application (a new application) to become an Australian citizen
again made under section 29 of the new Act.
Note: The new application will be assessed under Subdivision C of Division 2 of Part 2 of the new Act. Subitem (7) is also relevant to this assessment.
(6) If:
(a) a person had given the Minister a declaration (the old
declaration) under section 23B of the old Act before the
commencement day; and
(b) the Minister had not registered the old declaration or refused
to register the old declaration immediately before that day;
the old declaration is, on and from the commencement day, taken to be
an application (a new application) to become an Australian citizen
again made under section 29 of the new Act.
Note: The new application will be assessed under Subdivision C of Division 2 of Part 2 of the new Act. Subitem (7) is also relevant to this assessment.
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Schedule 3 Application and transitional provisions
Part 1 Provisions relating to the enactment of the Australian Citizenship Act 2007
Assessing new applications under the new Act
(7) In assessing a new application under the new Act, a reference in the
new Act to the time the person made the application is taken to be a
reference to the time the old application or the old declaration, as the
case requires, was made under the old Act.
Note: The new application will be assessed under the provisions of the new Act. The effect of this subitem is that some of those provisions will be applied at the time the old application or the old declaration, as the case requires, was made under the old Act.
(8) In applying section 22 of the new Act to a new application covered by
subitem (2), subsections 22(1) to (2), (4A) and (5A) of the new Act do
not apply and the following subsections of section 22 of the new Act
apply instead:
(1) For the purposes of section 21, a person satisfies the residence
requirement if the person has been present in Australia as a
permanent resident for:
(a) a total period of at least 1 year in the period of 2 years before
the day the person made the application; and
(b) a total period of at least 2 years in the period of 5 years
before that day.
(2) Paragraph (1)(b) does not apply if the person:
(a) was born in Australia; or
(b) was an Australian citizen at any time before the person made
the application.
(3) For the purposes of subsection (1), the Minister must not take into
account any period during which the person has been:
(a) confined in a prison; or
(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.
(4) The Minister may treat a period as one in which the person was
present in Australia as a permanent resident if:
(a) the person was engaged in activities during that period that
the Minister considers to be beneficial to Australia; and
(b) the person was not present in Australia during that period but
was a permanent resident during that period.
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Application and transitional provisions Schedule 3
Provisions relating to the enactment of the Australian Citizenship Act 2007 Part 1
(9) In applying section 22 of the new Act to a new application covered by
subitem (2), subsections 22(5), (6) and (11) of the new Act have effect
as if the reference in those subsections to “paragraph (1)(c)” were a
reference to “subsection (1)” (as applied by subitem (8) of this item).
8 Person granted certificate of citizenship under the old Act but not an Australian citizen under the old Act
(1) If:
(a) a person has been granted a certificate of Australian
citizenship under section 13 of the old Act before the
commencement day; and
(b) the certificate is in force immediately before that day; and
(c) the person has not become an Australian citizen under
section 15 of the old Act immediately before that day;
the certificate is, on and from the commencement day, taken to be an
approval given to the person under section 24 of the new Act.
Cancellation of approval under the new Act
(2) For the purposes of applying section 25 of the new Act to such an
approval:
(a) if the person was granted the certificate of Australian
citizenship under subsection 13(1) of the old Act—
paragraph 25(2)(a) of the new Act is taken to apply to the
person; and
(b) the reference in paragraph 25(3)(a) of the new Act to the day
on which the person received notice of the approval is taken
to be a reference to the day on which the person was notified
of the Minister’s decision under section 13 of the old Act to
grant the certificate.
Deferral of pledge of commitment under old Act
(3) If a decision is in force under subsection 14C(1) of the old Act
immediately before the commencement day, the decision is, on and
from the commencement day, taken to be a determination made under
subsection 26(3) of the new Act.
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Schedule 3 Application and transitional provisions
Part 1 Provisions relating to the enactment of the Australian Citizenship Act 2007
9 Children of persons who lost or were deprived of citizenship under the old Act
(1) If, immediately before the commencement day, paragraph 23(3)(c) of
the old Act has prevented the application of subsection 23(1) or (2) of
the old Act in relation to a child, then, on and from the commencement
day, section 36 of the new Act is taken to apply in relation to the child.
(2) For this purpose, the reference to the cessation time in subsection 36(2)
of the new Act is taken to be a reference to the commencement day and
there is taken to be a responsible parent of the child who is an
Australian citizen on that day.
10 Review of decisions made under the old Act
Despite the repeal of the old Act made by item 42 of Schedule 1,
section 52A of the old Act continues to apply in relation to a decision
made under that Act, as if that repeal had not been made.
11 Continuation of criminal proceedings under the old Act
Despite the repeal of the old Act made by item 42 of Schedule 1, the old
Act continues to apply on and after the commencement day, in relation
to criminal proceedings that began before that day under the old Act, as
if that repeal had not been made.
12 Section 8 of the Acts Interpretation Act 1901
This Part does not limit the operation of section 8 of the Acts
Interpretation Act 1901 in relation to the repeal of the old Act.
13 Transitional regulations
The Governor-General may make regulations prescribing matters of a
transitional nature (including prescribing any saving or application
provisions) relating to:
(a) the amendments or repeals made by this Act; or
(b) the enactment of this Act or the new Act.
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Application and transitional provisions Schedule 3
Provisions relating to the amendments made by Schedules 1 and 2 to this Act Part 2
Part 2—Provisions relating to the amendments made by Schedules 1 and 2 to this Act
14 Definition
In this Part:
commencement day means the day on which sections 2A to 54 of the
Australian Citizenship Act 2007 commence.
16 Application—Age Discrimination Act 2004
The amendment made by item 2 of Schedule 1 applies in relation to
things done by a person on or after the commencement day.
17 Application—Australian Passports Act 2005
The amendment made by item 4 of Schedule 1 applies in relation to
Australian travel documents issued on or after the commencement day.
18 Application—Commonwealth Electoral Act 1918
The amendments made by items 15 and 16 of Schedule 1 apply in
relation to nominations made on or after the commencement day.
19 Transitional—Criminal Code Act 1995
(1) A certificate in force under subsection 72.8(2) of the Criminal Code
immediately before the commencement day has effect on and after that
day as if it were a certificate issued under that subsection on that day.
(2) A certificate in force under subsection 115.7(1) of the Criminal Code
(in relation to paragraph 115.7(1)(a) of the Criminal Code) immediately
before the commencement day has effect on and after that day as if it
were a certificate issued under that subsection on that day.
20 Application—Electronic Transactions Act 1999
The amendment made by item 27 of Schedule 1 applies in relation to
documents required or permitted to be produced on or after the
commencement day.
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Schedule 3 Application and transitional provisions
Part 2 Provisions relating to the amendments made by Schedules 1 and 2 to this Act
21 Application—Immigration (Education) Act 1971
The amendment made by item 1 of Schedule 2 applies in relation to:
(a) a person in respect of which an obligation under section 4C
of the Immigration (Education) Act 1971 begins on or after
the commencement day; or
(b) a person in respect of which an obligation under that section
began before the commencement day, but only if that
obligation has not ceased before the commencement day.
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Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnotes about misdescribed amendments and other matters are included in a
compilation only as necessary.
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
abbreviation “(md not incorp)” is added to the details of the amendment
included in the amendment history.
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Endnotes
Endnote 2—Abbreviation key
Endnote 2—Abbreviation key
A = Act o = order(s)
ad = added or inserted Ord = Ordinance
am = amended orig = original
amdt = amendment par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)c = clause(s)
C[x] = Compilation No. x pres = present
Ch = Chapter(s) prev = previous
def = definition(s) (prev…) = previously
Dict = Dictionary Pt = Part(s)
disallowed = disallowed by Parliament r = regulation(s)/rule(s)
Div = Division(s) Reg = Regulation/Regulations
exp = expires/expired or ceases/ceased to have reloc = relocated
effect renum = renumbered
F = Federal Register of Legislative Instruments rep = repealed
gaz = gazette rs = repealed and substituted
LI = Legislative Instrument s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
(md) = misdescribed amendment can be given Sdiv = Subdivision(s)
effect SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment SR = Statutory Rules
cannot be given effect Sub-Ch = Sub-Chapter(s)
mod = modified/modification SubPt = Subpart(s)
No. = Number(s) underlining = whole or part not
commenced or to be commenced
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Endnotes
Endnote 3—Legislation history
Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Australian Citizenship 21, 2007 15 Mar Sch 1–3: 1 July 2007 (s
(Transitionals and 2007 2(1) item 2)
Consequentials) Act Remainder: 15 Mar 2007
2007 (s 2(1) item 1)
Migration Legislation 63, 2007 15 Apr Sch 1 (items 66, 67): —
Amendment 2007 1 July 2007 (s 2(1)
(Information and Other item 4)
Measures) Act 2007
Migration Legislation 85, 2008 15 Sept Sch 5 (items 17, 18): Sch 5 (item 19)
Amendment Act (No. 1) 2008 1 July 2007 (s 2(1)
2008 item 8)
Sch 5 (item 19): 15 Sept
2008 (s 2(1) item 9)
Australian Citizenship
Amendment (Citizenship
Test Review and Other
Measures) Act 2009
90, 2009 21 Sept
2009
Sch 2 (items 7, 8): 21
Sept 2009 (s 2(1) item 3)
Sch 2 (item 8)
Tribunals Amalgamation 60, 2015 26 May Sch 8 (item 9) and Sch 9: Sch 9
Act 2015 2015 1 July 2015 (s 2(1)
items 19, 22)
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Endnotes
Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected How affected
Schedule 1
Part 1
item 39...........................................rep No 63, 2007
Schedule 3
Part 1
item 5B ..........................................rs No 85, 2008
am No 90, 2009
item 7.............................................am No 85, 2008
Part 2
item 15...........................................rep No 60, 2015
item 22...........................................rep No 63, 2007
Australian Citizenship (Transitionals and Consequentials) Act 2007
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