Australian Citizenship Amendment (Citizenship Testing) Act 2007
An Act to amend the Australian Citizenship Act 2007, and for related purposes
1 Short title
australian-citizenship-amendment-citizenship-testing-act-2007.pdf, p.5
2 Commencement
australian-citizenship-amendment-citizenship-testing-act-2007.pdf, p.6
1 Section 1
Table of sections and commencement provision
17 September
2 Section 2
1 October 2007
3 Schedule(s)
Amendments to Acts specified in a Schedule
1 Section 2A
Citizenship by conferral requires a pledge of commitment.
australian-citizenship-amendment-citizenship-testing-act-2007.pdf, p.7
2 Subparagraph 10(2)(c)(i)
3 Section 19G
Eligibility criteria for citizenship test
Requires satisfying general eligibility criteria
4 Subsection 21(2)
australian-citizenship-amendment-citizenship-testing-act-2007.pdf, p.8
4(2) Subsection 21(2)
Eligibility criteria for Australian citizenship application
Possesses a basic knowledge of the English language
Has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship
Is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia
Is of good character at the time of the Minister's decision on the application
4(2A) Subsection 21(2)
Must have sat a test approved in a determination under section 23A and successfully completed it.
(a) sat a test approved in a determination under section 23A; and (b) successfully completed that test
The condition must be met before making an application
the Minister is satisfied that the person has, before making the application: sat a test approved in a determination under section 23A; and successfully completed that test
5 After section 23
23A Citizenship test
23A(1) Citizenship test
The Minister must approve a test for citizenship eligibility.
23A(2) Citizenship test
Eligibility criteria for sitting the test must be specified.
23A(3) Citizenship test
Eligibility criteria for sitting the test must satisfy subsection 21(2)
23A(4) Citizenship test
Person must be a permanent resident to sit the test.
(4) For the purposes of subsection (3), the determination may provide that a person is not eligible to sit the test unless the person is a permanent resident and the Minister is satisfied of the identity of the person.
Person must have been a permanent resident for a certain period
The person has been a permanent resident for at least some period
Permanent residency is a requirement that must be met by all persons sitting the test
Permanent residency is a requirement for all persons sitting the test
The determination provides a clear definition of permanent residency
23A(5) Citizenship test
23A(6) Citizenship test
Minister may determine additional matters related to the citizenship test.
23A(7) Citizenship test
A determination made under subsection (1) is not a legislative instrument.
6 Subsection 40(1)
Request for personal identifiers from individuals
australian-citizenship-amendment-citizenship-testing-act-2007.pdf, p.9
Class of persons authorized under subsection (4)
7 Subsection 40(3)
Omit 'paragraph (1)(b)', substitute 'paragraph (1)(d)'
australian-citizenship-amendment-citizenship-testing-act-2007.pdf, p.10
8 Subsection 40(4)
Replace paragraph (1)(c) with paragraph (1)(e)
9 After subsection 46(1)
Fee for test applications may include a component related to the sitting of that test.
10 Section 53
11 At the end of section 53
Exemption from subsection (1) for approval of citizenship test function
Exemption for approval of citizenship test function
12 Application
13 Transitional
Preserves effect of requests and authorizations made before commencement.
Preserves the effect of requests and authorizations.
(a) a request was made under subsection 40(1) of the Australian Citizenship Act 2007 before the commencement of this item;
the request has effect after that commencement as if it were a request made under that subsection after that commencement.
(2) An authorisation in force under subsection 40(3) or (4) of the Australian Citizenship Act 2007 immediately before the commencement of this item has effect after that commencement as if it were an authorisation made under that subsection immediately after that commencement.