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