australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.7
Substitute Australian Citizenship Act 2007 for Australian Citizenship Act 1948.
1 Paragraph 21AA(5)(c)
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.8
Substitute text in subsection 99A(4)(d)(i)
10 Subparagraph 99A(4)(d)(i)
Inform Electoral Commissioner of Australian citizenship
11 Paragraph 99A(6)(b)
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.9
Substitute 'becomes an Australian citizen' for 'is granted a certificate of Australian citizenship'
12 Subsection 99A(7)
Replaces an obligation with another obligation
Omit certain phrase from citizenship certificate
13 Subsection 99A(7)
Omit 'a certificate of Australian citizenship' and substitute 'approval to become an Australian citizen'.
14 Subsection 99A(8)
15 Paragraph 170(1)(c)
16 Subparagraph 170(1)(c)(ii)
Definition of Australian citizen substituted with reference to other Acts.
17 Subsection 19B(1) (definition of Australian citizen)
18 Subsection 3(1) (definition of Australian citizen)
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.10
Repeal definition of Australian protected person
19 Subsection 10(1) (definition of Australian protected
Repeal paragraph and substitute with Australian Citizenship Act 2007 or Air Navigation Act 1920
2 Paragraph 43(2)(a)
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.11
2 Exempt citizenship documents
Exempts certain documents from section 11's application.
2(1) Exempt citizenship documents
Defines citizenship law for the purpose of this clause.
2(2) Exempt citizenship documents
(a) the Australian Citizenship Act 2007; or (b) regulations under that Act.
Omit ‘, an Australian protected person’.
20 Subsection 32(4) (definition of qualified person)
21 Section 84 (paragraph (a) of the definition of qualified
Prohibits omitting 'an Australian protected person'
22 Subsection 248A(1) (definition of qualified person)
Prohibits omitting ', an Australian protected person'
23 Paragraph 85ZZH(d)
24 Subsection 72.8(2) of the Criminal Code
Imposes an obligation to substitute the Act.
Repeal paragraph and substitute with Australian Citizenship Act 2007 and Diplomatic Privileges and Immunities Act 1967.
25 Paragraph 115.7(1)(a) of the Criminal Code
26 Subsection 4(1) (definition of Australian citizen)
Repeal clause and substitute with new text.
27 Clause 2 of Schedule 1
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.12
28 Subsection 3(1) (definition of citizenship certificate)
Australian Citizenship Act 2007 must be inserted
29 Subsection 3(1) (before paragraph (a) of the definition of
Obligation to insert Australian Citizenship Act 2007
3 Subsection 11A(4) (definition of Australian citizen)
Repeal paragraphs of citizenship certificate definition
30 Subsection 3(1) (paragraphs (b) and (c) of the definition of
Substitute 'under either' for 'under any'
31 Subsection 3(1) (definition of citizenship certificate)
Definition of permanent resident substituted
32 Section 3 (definition of permanent resident)
Repeal and substitute definition of permanent visa.
33 Section 3 (definition of permanent visa)
Substitute an approval to become an Australian citizen under section 24 of the Australian Citizenship Act 2007
34 Subsection 41(3)
Replace an existing provision with a new one
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.13
35 Paragraph 98B(1)(b)
36 Paragraph 98V(b)
Replace citizenship certificate with approval to become citizen.
37 Subparagraph 101(1)(d)(ii)
Repeal item and substitute determinations under subsection 5(2) of the Australian Citizenship Act 2007 and Qantas Sale Act 1992
38 Subsection 44(2) (table item 1)
Repeal paragraph and substitute with new name on notice given under section 37 of Australian Citizenship Act 2007
4 Paragraph 53(3)(b)
Repeal and substitute definition of Australian citizen with reference to the Australian Citizenship Act 2007.
40 Subsection 7(7) (definition of Australian citizen)
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.14
41 Subsection 5G(1AA) (note 2)
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.15
42 The whole of the Act
Omit 'Australian Citizenship Act 1948', substitute 'Australian Citizenships Act 2007'
5 Subsection 35(1) (paragraph (c) of the definition of
Prohibits the use of an outdated citizenship act
Repeal the definition of Australian protected person.
6 Section 5 (definition of Australian protected person)
Replace 'citizen, an Australian protected person' with 'citizen'
7 Section 5 (paragraph (a) of the definition of eligible person)
Repeal and substitute definition of Australian citizen with reference to other Acts.
8 Section 5 (definition of Australian citizen)
Makes an application to become an Australian citizen under section 21 of the Australian Citizenship Act 2007.
9 Paragraph 99A(1)(a)
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.16
Fail to commence an approved English course within 12 months of visa commencement date.
1 Paragraphs 4D(1)(c) and (d)
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.5
1 Short title
1 Section 1
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to.
1 July 2007 (see
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.17
1 Definitions
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.18
Definition of visa includes valid entry permit and valid visa as in force before 1 September 1994.
1 September 1994.
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.31
1 July 2007 (s 2(1)
1 July 2015 (s 2(1)
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.26
Continuation of old Act's section 52A despite repeal
10 Review of decisions made under the old Act
Continues application of old Act to criminal proceedings before commencement day
11 Continuation of criminal proceedings under the old Act
Does not limit operation of section 8 in relation to repeal
12 Section 8 of the Acts Interpretation Act 1901
Governor-General may make regulations for transitional matters
13 Transitional regulations
Governor-General has the power to make regulations
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.27
Defines commencement day as the day sections 2A to 54 of the Australian Citizenship Act 2007 commence.
14 Definition
15 March 2007
Commencement of migration legislation amendment
15 Mar
15 Apr
15 Sept
Amendment applies in relation to things done on or after commencement day.
16 Application—Age Discrimination Act 2004
Amendment applies in relation to Australian travel documents issued on or after commencement day.
17 Application—Australian Passports Act 2005
Amendments apply in relation to nominations made on or after commencement day.
18 Application—Commonwealth Electoral Act 1918
Transitional provision for certificates under Criminal Code Act 1995
19 Transitional—Criminal Code Act 1995
2 Commencement
Commencement of sections 2A to 54 of the Australian Citizenship Act 2007
2 Section 2
Australian citizen under the old Act remains an Australian citizen under the new Act.
2 Rules applicable to Australian citizens under the old Act
Person is taken to be an Australian citizen under the new Act.
Person was an Australian citizen under the old Act.
Person was an Australian citizen under the old Act immediately before the commencement day.
Classifies as a subclass of Australian citizenship
Provision set out in column 2 of the table
Provision set out in column 3 of the table
Application of amendment made by item 27 of Schedule 1
20 Application—Electronic Transactions Act 1999
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.28
The amendment applies in relation to a person in respect of which an obligation under section 4C begins on or after the commencement day.
21 Application—Immigration (Education) Act 1971
21 Sept
An obligation under section 4C begins on or after the commencement day.
The amendment applies in relation to a person.
Section 4C of the Immigration (Education) Act 1971
An obligation under section 4C has not ceased before the commencement day.
The amendment applies in relation to a person in respect of which an obligation under section 4C began before the commencement day but only if that obligation has not ceased before the commencement day.
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.19
Service in reserve forces is included in military service.
26 November 1964; and
26 May
Service in reserve forces is included in military service during the same period as the preceding reserve force.
(b) service in the Naval Reserve, the Army Reserve or Air Force Reserve includes service in any reserve force that is a predecessor (whether immediate or otherwise) of the Naval Reserve, the Army Reserve or Air Force Reserve.
Service in reserve forces is included in military service during all preceding periods.
Service in reserve forces is included in military service during the preceding period as well.
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.6
Amendments and repeals of Acts specified in a Schedule.
3 Schedule(s)
A person is taken to have been an unlawful non-citizen if they meet certain conditions.
3 Expanded meaning of some expressions in the new Act
The periods for being an illegal entrant and a prohibited non-citizen overlap with the period before 2 April 1984.
The person was an illegal entrant at that time within the meaning of the Migration Act 1958 as in force at that time.
Therefore, the state has an obligation to define these conditions.
The state has an obligation to define the conditions for being an unlawful non-citizen.
The new Act defines the conditions for being an unlawful non-citizen.
The state has an obligation to define the conditions for being a prohibited immigrant.
The new Act defines the conditions for being a prohibited non-citizen.
Therefore, the definition of permanent visa is defined by section 3 of the new Act.
The definition of permanent visa includes a valid permanent entry permit within the meaning of the Migration Act 1958.
Section 3 of the new Act defines permanent visa.
Therefore, the person repeats this behavior.
The person was a prohibited immigrant at that time within the meaning of that Act as in force at that time.
The person was a prohibited non-citizen at that time within the meaning of that Act as in force at that time.
Citizenship by birth under the new Act applies to persons born on or after the commencement day.
4 Citizenship by birth under the new Act
The period for which a person has been ordinarily resident in Australia before the commencement day is counted under the new Act during the 10-year period beginning on the day the person was born.
(2) Paragraph 12(1)(b) of the new Act applies to: ... (b) a person born before the commencement day who, immediately before that day, has not been ordinarily resident in Australia throughout the period of 10 years beginning on the day the person was born.
The new Act applies to persons born on or after the commencement day.
(1) Paragraph 12(1)(a) of the new Act applies to a person born on or after the commencement day.
Cannot become an Australian citizen under Subdivision A or B of Division 2 of Part 2 of the new Act for at least 12 months if ceasing to be an Australian citizen under the old Act.
5 Citizenship by descent and conferral under the new Act
At least 12 months without becoming an Australian citizen under Subdivision A or B of Division 2 of Part 2 of the new Act
Ceasing to be an Australian citizen under the old Act and becoming an Australian citizen under Subdivision A or B of Division 2 of Part 2 of the new Act
If ceasing to be an Australian citizen under the old Act, then must wait at least 12 months before becoming an Australian citizen under Subdivision A or B of Division 2 of Part 2 of the new Act
Waiting period implies citizenship restriction
Cannot become an Australian citizen under Subdivision A or B of Division 2 of Part 2 of the new Act for at least 12 months
Ceasing to be an Australian citizen under the old Act
Must wait at least 12 months before becoming an Australian citizen under Subdivision A or B of Division 2 of Part 2 of the new Act
Duty to wait 12 months before becoming a citizen
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.20
Section 19C of the new Act applies to adoptions that occur before, on or after the commencement day.
5A Citizenship for persons adopted in accordance with the
5B Citizenship by conferral—persons who are permanent
General residence requirement for permanent residents
5B(1) Citizenship by conferral—persons who are permanent
(b) a total period of at least 2 years in the period of 5 years before that day.
Person has been present in Australia as a permanent resident for at least 1 year
(a) a total period of at least 1 year in the period of 2 years before the day the person made the application;
Exemption from citizenship application for persons born in Australia or Australian citizens before applying.
5B(2) Citizenship by conferral—persons who are permanent
Imposes a duty on the state to exempt certain individuals.
Minister cannot take into account certain periods when determining citizenship.
5B(3) Citizenship by conferral—persons who are permanent
Prohibition of considering certain periods
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.21
Revocation of citizenship by conferral under the new Act
6 Revocation of citizenship by conferral under the new Act
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.22
Application of old descent applications made under section 10B, 10C or 11 of the old Act to become an Australian citizen under section 16 of the new Act.
7 Applications under the old Act
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.25
Certificate of citizenship under old Act remains valid after commencement day.
8 Person granted certificate of citizenship under the old Act
Certificate validity continues from old Act to new Act.
If paragraph 23(3)(c) of the old Act prevents application of subsection 23(1) or (2), section 36 of the new Act applies.
9 Children of persons who lost or were deprived of
Child's rights are affected from the commencement day
Section 36 of the new Act commences on the commencement day
Child has a right under the new Act if responsible parent is an Australian citizen
Responsible parent's citizenship affects child's rights
Section 36 of the new Act applies to children
Paragraph 23(3)(c) prevents application of subsection 23(1) or (2)
Temporal relationship between responsible parent and child
Responsible parent is an Australian citizen on the commencement day
australian-citizenship-transitionals-and-consequentials-act-2007.pdf, p.1
Includes amendments up to Act No. 60, 2015
1 July 2015
Compilation information and notes on amendments.
10 August 2015
An Act to provide for transitional and consequential matters relating to the enactment of the Australian Citizenship Act 2007, and for other purposes
Australian Citizenship (Transitionals and Consequentials) Act 2007