australian-citizenship-amendment-special-residence-requirements-act-2013.pdf, p.7
The Minister may, by writing, determine that certain paragraphs do not apply to an applicant.
1 After subsection 22A(1)
The applicant was a permanent resident throughout the period of 90 days immediately before the application.
The Minister has the power to determine certain conditions.
The applicant must meet certain conditions to qualify for an exemption.
australian-citizenship-amendment-special-residence-requirements-act-2013.pdf, p.11
Decision must be made personally by the Minister if power was exercised under subsections 22A(1A) or 22B(1A)
10 After subsection 24(2)
australian-citizenship-amendment-special-residence-requirements-act-2013.pdf, p.14
Australian Citizenship Amendment (Special Residence Requirements) Act 2013 No.
10 Australian Citizenship Amendment (Special Residence Requirements) Act 2013 No.
Decision must be made personally by the Minister
Temporal overlap between exercise of power and decision-making
Exercise of power under subsections 22A(1A) or 22B(1A)
Minister's personal involvement in decision-making
Power under subsections 22A(1A) or 22B(1A)
Insertion of section 34A after section 34
11 Subsection 29(2) (note 2)
12 Section 32A
Revoke Australian citizenship under certain conditions.
13 Section 32A
australian-citizenship-amendment-special-residence-requirements-act-2013.pdf, p.12
Repeal heading and substitute with new text.
14 Section 34 (heading)
15 After section 34
australian-citizenship-amendment-special-residence-requirements-act-2013.pdf, p.13
16 Paragraph 36(1)(a)
17 Paragraph 38(1)(a)
Tribunal cannot exercise certain powers when reviewing decisions.
18 At the end of section 52
Prohibition of exercising certain powers
Application provision for amendments made by items 1 to 10
19 Application provision
australian-citizenship-amendment-special-residence-requirements-act-2013.pdf, p.8
Insertion of clause after paragraph (1)(f)
2 Subsection 22A(4)
Insertion of clause after paragraph (1)(g)
3 Subsection 22A(5)
Revocation by Minister—offences or fraud
34 Revocation by Minister—offences or fraud
Minister may revoke Australian citizenship under certain conditions.
34A Revocation by Minister—special residence requirements
Applicant satisfies special residence requirement if Minister exercises power under subsection (1A)
4 Australian Citizenship Amendment (Special Residence Requirements) Act 2013 No.
4 At the end of section 22A
Do not include the name of the applicant in a statement under subsection (9).
4(10) At the end of section 22A
Prohibits including the name of the applicant.
A determination under subsection (1A) is not a legislative instrument.
4(11) At the end of section 22A
Power under subsection (1A) must be exercised personally by the Minister.
4(6) At the end of section 22A
The Minister must exercise the power personally.
No duty to consider exercising power under subsection (1A)
4(7) At the end of section 22A
4(8) At the end of section 22A
Minister must provide statement to Parliament after applicant becomes Australian citizen.
4(9) At the end of section 22A
Minister has a duty to provide statement.
Applicant satisfies special residence requirement
If the Minister exercises the power, then the applicant satisfies the special residence requirement.
Minister exercises power under subsection (1A)
australian-citizenship-amendment-special-residence-requirements-act-2013.pdf, p.9
The Minister may determine that certain residence requirements do not apply to a person under specific circumstances.
5 After subsection 22B(1)
the person must have been present in Australia for at least 180 days during the period of 2 years immediately before the day the person made the application
The person must have been present in Australia for at least 180 days during the period of 2 years immediately before the day the person made the application
d, the person was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the person made the application;
the Minister may determine that certain residence requirements do not apply to a person under specific circumstances.
Classifies the person based on their residence requirements
Classifies the person based on their engagement in work of benefit to Australia
paragraphs 21(3)(a), (b), (d), (e) and (f)
Classifies the person based on their undertaking
paragraphs 21(4)(a), (b), (c), (e) and (f)
the person must be a permanent resident throughout the period of 90 days immediately before the day the person made the application
The person must be a permanent resident throughout the period of 90 days immediately before the day the person made the application
e, the person was a permanent resident throughout the period of 90 days immediately before the day the person made the application;
the person must not have been present in Australia as an unlawful non-citizen at any time during the period of 180 days immediately before the day the person made the application
The person must not have been present in Australia as an unlawful non-citizen at any time during the period of 180 days immediately before the day the person made the application
f, the person was not present in Australia as an unlawful non-citizen at any time during the period of 180 days immediately before the day the person made the application;
australian-citizenship-amendment-special-residence-requirements-act-2013.pdf, p.10
If Minister exercises power, person satisfies special residence requirement.
6 Australian Citizenship Amendment (Special Residence Requirements) Act 2013 No.
Repeal subsection 22B(2) and substitute with a new provision.
6 Subsection 22B(2)
Prohibits confinement in prison or psychiatric institution.
Person satisfies special residence requirement
7 Subsection 22B(4)
8 Subsection 22B(5)
Revocation of citizenship under certain circumstances.
8 Australian Citizenship Amendment (Special Residence Requirements) Act 2013 No.
9 At the end of section 22B
Omit name of person from statement under subsection (9)
9(10) At the end of section 22B
Prohibits including name of person in statement
9(11) At the end of section 22B
Power under subsection (1A) may only be exercised by the Minister personally.
9(6) At the end of section 22B
be exercised by the Minister personally.
Duty to consider exercise of power under subsection (1A)
9(7) At the end of section 22B
Defines temporal interval for consideration of power exercise
(7) The Minister does not have a duty to consider whether to exercise the power under subsection (1A),...
Identifies artificial intelligence process involved in consideration of power exercise
Minister has a duty to consider exercise of power under subsection (1A)
Describes diffusive process of consideration for power exercise
Identifies recurring trace of consideration for power exercise
9(8) At the end of section 22B
Minister must provide statement to Parliament after granting citizenship in certain circumstances.
9(9) At the end of section 22B
Statement is about Minister's exercise of power.
australian-citizenship-amendment-special-residence-requirements-act-2013.pdf, p.5
1 Short title
australian-citizenship-amendment-special-residence-requirements-act-2013.pdf, p.6
2 Australian Citizenship Amendment (Special Residence Requirements) Act 2013 No.
Commences on day after receiving Royal Assent.
2 Commencement
Schedules for amendment or repeal of Acts
3 Schedule(s)
An Act to amend the Australian Citizenship Act 2007, and for related purposes
Australian Citizenship Amendment (Special Residence Requirements) Act 2013