Australian Citizenship Legislation Amendment Act 2002
An Act to amend the Australian Citizenship Act 1948, and for other purposes
1 Short title
australian-citizenship-legislation-amendment-act-2002.pdf, p.5
2 Commencement
australian-citizenship-legislation-amendment-act-2002.pdf, p.6
1 Section 1
4 April 2002
2 Section 2
3 Section 3
Fixes a single day for Schedule 2 subject to subsection (3)
1 July 2002
1(2) July 2002
Information may be included in any published version of this Act.
1(3) July 2002
3 Schedule(s)
Amendment of Acts specified in a Schedule to this Act
1 Section 17
australian-citizenship-legislation-amendment-act-2002.pdf, p.7
2 Paragraph 23(1)(a)
3 After subsection 23B(1)
Reference to section 23 includes a reference to section 23 as in force at any time before the repeal of section 17 by the Australian Citizenship Legislation Amendment Act 2002.
4 Application of amendment—section 17 of the Australian
Repeal of section 17 of the Australian Citizenship Act 1948 applies to acquisitions of nationality or citizenship after commencement.
1 Subsection 5(1)
australian-citizenship-legislation-amendment-act-2002.pdf, p.8
States the definition of Australian reserve force
Classifies Australian reserve force into a hierarchy
2 Paragraph 10B(1)(a)
3 After subsection 10B(1)
Must be of good character to register name for purposes of section.
4 After subsection 13(3)
Exemptions from certain amendments for Australian reserve force members
(i) has been discharged from service as a member of an Australian reserve force before completing full-time service as such a member for a period of, or for periods amounting in the aggregate to, 6 months
Recurring discharge due to medical unfit
(ii) was so discharged as medically unfit for service or further service
(iii) was so discharged while undertaking full-time service as a member of the reserve force
5 Subparagraph 13(4)(b)(iii)
australian-citizenship-legislation-amendment-act-2002.pdf, p.9
6 After subsection 13(9A)
6(9B) After subsection 13(9A)
Granting of certificate of Australian citizenship to a child under 16
6(9C) After subsection 13(9A)
Allowance of same form for subsections (1) and (9B)
6(9D) After subsection 13(9A)
Permits concurrent application under subsections (1) and (9B)
6(9E) After subsection 13(9A)
The Minister may, in discretion, on application in accordance with the approved form, make amendments.
7 Subsection 13(10)
australian-citizenship-legislation-amendment-act-2002.pdf, p.10
8 Subsection 13(11)
9 Subsection 13(11)
Omit specific text from a certificate of Australian citizenship.
10 At the end of paragraphs 13(11)(a), (b) and (c)
Add “or” at the end of paragraphs 13(11)(a), (b) and (c)
11 After paragraph 13(11)(c)
Serious repeat offender during a 10-year period after release from prison
12 Paragraph 13(11)(d)
Insertion of phrase after 'from serving'
13 Paragraph 13(11)(d)
14 At the end of paragraph 13(11)(d)
15 Paragraph 13(11)(e)
australian-citizenship-legislation-amendment-act-2002.pdf, p.11
16 At the end of paragraph 13(11)(e)
17 After subsection 13(11)
Defines serious repeat offender in relation to another sentence.
18 Subsections 13(14) and (15)
19 Subsection 14A(2)
20 After section 14A
14B Revocation of grant of certificate of Australian citizenship
Revocation of grant of certificate of Australian citizenship before conferral of citizenship
14C Deferral of conferral of Australian citizenship
australian-citizenship-legislation-amendment-act-2002.pdf, p.13
14C(1) Deferral of conferral of Australian citizenship
Deferral of conferral of Australian citizenship
14C(2) Deferral of conferral of Australian citizenship
Minister must not defer conferral of Australian citizenship beyond 12 months.
(2) The Minister must not defer the conferral of Australian citizenship on a person for a period that exceeds, or for periods that in total exceed, 12 months.
Deferral period for Australian citizenship conferral is a temporal interval not exceeding 12 months
14C(3) Deferral of conferral of Australian citizenship
21 Subsection 15(1)
australian-citizenship-legislation-amendment-act-2002.pdf, p.14
22 Subsection 15(4)
23 At the end of section 15
23(6) At the end of section 15
Australian citizenship granted after responsible parent becomes citizen.
Certificate granted after responsible parent becomes citizen.
Australian citizen on and after specified day.
23(7) At the end of section 15
Australian citizenship granted under subsection 13(9E) is effective on and after the certificate grant date.
Grants Australian citizenship with effect on and after certificate grant date.
(7) A person to whom a certificate of Australian citizenship has been granted under subsection 13(9E)
is an Australian citizen on and after the day on which the certificate is granted.
Certificate grant date marks start of citizenship effect.
Certificate grant date marks start of citizenship effect for all persons with granted certificates.
24 At the end of subsection 21(1)
Deprivation of citizenship for certain convictions
25 At the end of paragraph 23AA(1)(e)
australian-citizenship-legislation-amendment-act-2002.pdf, p.15
26 After paragraph 23AA(1)(e)
27 After section 23AA
23AB Persons may resume citizenship lost under section 18
23AB(1) Persons may resume citizenship lost under section 18
Minister must register declaration and re-register person as Australian citizen if certain conditions met.
Minister must register declaration and re-register person as Australian citizen.
The Minister is required to register the declaration.
The person making the declaration again becomes an Australian citizen.
23AB(2) Persons may resume citizenship lost under section 18
A statement must comply with this subsection if it meets certain conditions.
The statement must comply with the subsection.
The person renounced their Australian citizenship...
The statement complies with this subsection.
28 Subsection 23B(2)
Register declaration of good character to regain Australian citizenship.
australian-citizenship-legislation-amendment-act-2002.pdf, p.16
Person making declaration is of good character
29 Subparagraph 23D(3)(a)(i)
australian-citizenship-legislation-amendment-act-2002.pdf, p.17
30 Subsection 52A(1)
Insert 'the following decisions' after 'review of'
31 Before paragraph 52A(1)(aaa)
Minister's satisfaction with a person's good character is an obligation.
32 After paragraph 52A(1)(a)
Revoking decisions of the Minister under section 14B
Prohibits decisions of the Minister under section 14B
33 Paragraph 52A(1)(e)
Substitute subsection 23AA(2) in paragraph 52A(1)(e)
34 Paragraph 52A(1)(e)
35 After paragraph 52A(1)(e)
Decisions of Minister refusing to register declaration or include child's name in declaration
Minister's decision to refuse registration or inclusion
Cannot register declaration or include child's name in declaration
Overlaps with Minister's decision-making process
Contains condition for Minister's decisions
36 Application of amendments—sections 10B and 23D of the
Amendments apply to registration of name made after commencement
australian-citizenship-legislation-amendment-act-2002.pdf, p.18
37 Application of amendment—subsection 13(3A) of the
Application of amendment—subsection 13(3A) of the Australian Citizenship Act 1948 applies in relation to the grant of a certificate of Australian citizenship if the application for the grant was made after the commencement of this item.
The provision applies to the grant of a certificate of Australian citizenship.
38 Application of amendments—inclusion of name of child in
Application of amendments—inclusion of name of child in certificate of Australian citizenship
39 Transitional—inclusion of name of child in a certificate of
Application for inclusion of child's name in certificate of Australian citizenship is pending if not withdrawn before commencement.
Application for inclusion of child's name in certificate of Australian citizenship is pending.
The application was made under subsection 13(10) of the Australian Citizenship Act 1948 before the commencement of this item.
The application is pending if not withdrawn before commencement.
Application for inclusion of child's name in certificate of Australian citizenship has effect as if it were an application under subsection 13(9B) of the Australian Citizenship Act 1948.
If the certificate had not been granted before the commencement of this item, and the applicant for the certificate is a responsible parent...
The application has effect as if it were an application under subsection 13(9B) of the Australian Citizenship Act 1948.
Application for inclusion of child's name in certificate of Australian citizenship has effect as if it were an application under subsection 13(9E) of the Australian Citizenship Act 1948.
If the certificate had already been granted before the commencement of this item, and the grantee of the certificate is a responsible parent...
The application has effect as if it were an application under subsection 13(9E) of the Australian Citizenship Act 1948.
40 Application of amendment—paragraph 13(11)(ca) of the
Application of amendment—paragraph 13(11)(ca) of the Australian Citizenship Act 1948 applies in relation to the grant of a certificate of Australian citizenship if the application for the grant was made after the commencement of this item.
australian-citizenship-legislation-amendment-act-2002.pdf, p.19
41 Application of amendments—paragraphs 13(11)(d) and (e)
Application of amendments—paragraphs 13(11)(d) and (e)
42 Application of amendments—section 23AA of the
Amendments apply in relation to declaration registration after commencement
australian-citizenship-legislation-amendment-act-2002.pdf, p.20
43 Application of amendment—section 23B of the Australian
Amendment applies to registration of declaration given after commencement.
44 Transitional—subsection 23B(2) of the Australian
Regulations made for purposes of subsection 23B(2) of the Australian Citizenship Act 1948 have effect as if they had been made for those purposes.
Regulations have effect as if they had been made for those purposes.