australian-citizenship-amendment-citizenship-test-review-and-other-measures-act-2009.pdf, p.7
Substitute 'permanent or enduring' for 'permanent'
1 Section 19G
Eligibility for test completion is conditional on meeting specific requirements.
2 Subsection 21(2A)
australian-citizenship-amendment-citizenship-test-review-and-other-measures-act-2009.pdf, p.8
australian-citizenship-amendment-citizenship-test-review-and-other-measures-act-2009.pdf, p.10
A person must demonstrate a basic knowledge of English, Australia, and Australian citizenship to apply.
3 Paragraph 21(3)(d)
Basic knowledge of English, Australia, and Australian citizenship
4 Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act
Eligibility for Australian citizenship based on age and residency.
5 Subsection 21(5)
A person is eligible to become an Australian citizen if they were a permanent resident at the time of application.
Residency requirement during application period
The person must have been a permanent resident at the time of application.
A person is eligible to become an Australian citizen if the Minister is satisfied that the person meets the requirements.
The Minister must satisfy certain conditions for citizenship.
The Minister has discretion to approve or reject applications.
A person aged under 18 is eligible to become an Australian citizen if the Minister is satisfied that the person meets the requirements.
The application must meet certain criteria for citizenship.
A person is eligible to become an Australian citizen if they were a permanent resident at the time of the Minister's decision.
Residency requirement until decision period
The person must have been a permanent resident at the time of the Minister's decision.
Defines periods for sitting and completing a test
6 After subsection 23A(5)
6 Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act
Citizenship application inadmissible due to permanent or enduring physical or mental incapacity
7 Paragraph 26(1)(b)
Incapacity must occur before application
at the time the person made the application to become an Australian citizen
Citizenship application inadmissible due to incapacity
has a permanent or enduring physical or mental incapacity, at the time the person made the application...
Fee for test sitting may include a component related to the test.
8 Subsection 46(1A)
Fee includes a component related to the test.
australian-citizenship-amendment-citizenship-test-review-and-other-measures-act-2009.pdf, p.9
Conditional commencement for certain amendments
9 Application
1 Paragraph 21(2)(c)
australian-citizenship-amendment-citizenship-test-review-and-other-measures-act-2009.pdf, p.14
10 Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act
2 Paragraph 21(3)(c)
australian-citizenship-amendment-citizenship-test-review-and-other-measures-act-2009.pdf, p.12
Minister's discretion to waive subsection (2) application
Minister may treat a period as one in which the applicant was a permanent resident if an administrative error occurred.
A period is considered one in which the applicant was a permanent resident.
Minister has the power to make a decision.
The Minister may treat a period as unlawful non-citizen if an administrative error occurred.
The Minister has the power to make a decision.
22A Special residence requirement—persons engaging in activities
Special residence requirement for persons engaging in activities
22A(1) Special residence requirement—persons engaging in activities
The applicant must satisfy certain conditions to engage in an activity.
Prohibition on satisfying special residence requirement while confined in prison or psychiatric institution.
22A(2) Special residence requirement—persons engaging in activities
22B Special residence requirement—persons engaged in particular
Special residence requirement for persons engaged in particular work
22B(1) Special residence requirement—persons engaged in particular
Requires regular travel outside Australia
(i) the person was engaged in that kind of work for a total of at least 2 years during the period of 4 years immediately before the day the person made the application;
(1) Subject to this section, for the purposes of section 21 a person satisfies the special residence requirement if...
Special residence requirement for persons with ordinary residency
(e) the person was ordinarily resident in Australia throughout the period of 4 years immediately before the day the person made the application;
Special residence requirement for persons with permanent residency
(f) the person was a permanent resident for the period of 12 months immediately before the day the person made the application;
Identifies work type and travel requirements
(a) at the time the person made the application, the person is engaged in work of a kind specified under subsection 22C(3)
Requires regular travel outside Australia for at least 2 years
(ii) for the whole or part of that 4 year period when the person was engaged in that kind of work, the person regularly travelled outside Australia because of that work;
Person not satisfying special residence requirement if confined in prison or psychiatric institution.
22B(2) Special residence requirement—persons engaged in particular
... at any time during the 4 year period mentioned in that paragraph, the person was: ...
(2) Subject to subsection (3), the person is taken not to satisfy paragraph (1)(c)
if, at any time during the 4 year period mentioned in that paragraph, the person was: ...
Temporal interval overlap with diffusion
22B(3) Special residence requirement—persons engaged in particular
Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period.
22B(4) Special residence requirement—persons engaged in particular
the Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period.
Temporal relation between periods and permanent residency
(4) For the purposes of paragraph (1)(f)
Use of machine learning to classify persons as permanent residents
Obligation to treat a period as one in which the person was a permanent resident
Minister's discretion to treat periods as one in which the person was a permanent resident
May treat a period as an unlawful non-citizen if administrative error occurred
22B(5) Special residence requirement—persons engaged in particular
Treat the period as an unlawful non-citizen if administrative error occurred
Temporal relation between periods of presence and absence
The person was not present in Australia during that period but was present in Australia during another period
Treat the period as an unlawful non-citizen
Obligation to treat a period as an unlawful non-citizen
Conditional obligation based on administrative error
22C Special residence requirement—legislative instruments
Specify activities for purposes of subparagraph 22A(1)(a)(i)
22C(1) Special residence requirement—legislative instruments
Specify organisations for the purposes of paragraph 22A(1)(b)
22C(2) Special residence requirement—legislative instruments
Specify kinds of work for the purposes of paragraph 22B(1)(a)
22C(3) Special residence requirement—legislative instruments
3 Paragraph 21(4)(d)
Replace heading and requirement term with general residence requirement.
4 Subsection 22(1)
5 After section 22
Minister must be satisfied that person did not satisfy special residence requirement.
6 After paragraph 24(5)(a)
The Minister's satisfaction that person did not satisfy special residence requirement must overlap with the time period during which...
Minister has an obligation to be satisfied that person did not satisfy special residence requirement.
Substitute general residence requirement for residence requirement.
7 Item 5B of Schedule 3
8 Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act
Amendments apply to applications made on or after commencement.
8 Application
australian-citizenship-amendment-citizenship-test-review-and-other-measures-act-2009.pdf, p.5
1 Short title
australian-citizenship-amendment-citizenship-test-review-and-other-measures-act-2009.pdf, p.6
Table of sections and commencement provision
1 Section 1
2 Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act
Commencement rules for provisions in the Act.
2 Commencement
2 Section 2
21 September
3 Section 3
3 Schedule(s)
See F2009L04034 for further information.
9 November
An Act to amend the Australian Citizenship Act 2007, and for related purposes
Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act 2009