australian-citizenship-act-2007.pdf, p.105
Pledge of loyalty to Australia and its people
1 Form of pledge no. 1
australian-citizenship-act-2007.pdf, p.111
Australian Citizenship Amendment (Allegiance to Australia) Act 2015
1 July 2016 (s 2(1)
australian-citizenship-act-2007.pdf, p.113
1 Dec 2025
Conditional commencement of Defence Legislation Amendment (First Principles) Act 2015
10 Sept
11 Dec
australian-citizenship-act-2007.pdf, p.112
australian-citizenship-act-2007.pdf, p.110
Conditional commencement of Privacy Amendment (Enhancing Privacy Protection) Act 2012
12 Sept
Special residence requirements for Australian citizenship amendment
12 Dec
Must provide special residence requirements
Item 1 of section 12(3) of the Australian Citizenship Act 2007
Requires relation between identifiable temporal intervals for conditional commencement
Amendment of Australian Citizenship Act 2006
13 Apr
australian-citizenship-act-2007.pdf, p.109
Commencement of Family Law Amendment (Shared Parental Responsibility) Act 2006
15 Mar
Equal Treatment in Commonwealth Laws— General Law Reform
15 Sept
Specifies temporal intervals for commencement
Item 2 of the Regulatory Reform Omnibus Act 2025
17 Sept
Australian Citizenship Amendment (Citizenship Repudiation) Act 2023
2 Form of pledge no. 2
2 Dec 2015
Freedom of Information Amendment (Reform) Act 2010
21 Sept
21 June
21 Jan
Conditional commencement on July 1, 2007
22 May
22 June 2013 (s 2)
24 Sept
25 Feb
25 Feb 2015 (s 2)
29 June
Australian Citizenship Amendment (Citizenship Testing) Act 2007
3 July 2008
3 Nov 2014
Statute Update (Regulations References) Act 2020
30 June 2018 (s 2(1)
Requires a relation between identifiable temporal intervals
Grant of Australian citizenship amendment
31 May
Prohibition on State Sponsors of Terrorism
Granting permission to amend Australian citizenship
Strengthening Oversight of the National Intelligence Community Act 2025
4 Dec 2025
References specific sections of the Act 2026
Australian Citizenship Amendment (Citizenship Cessation) Act 2020
6 Mar 2020
Legislation history for Australian Citizenship Act 2007
6 Nov 2025
Conditional commencement of the Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024.
7 Dec 2023
9 Dec 2008
9 May
australian-citizenship-act-2007.pdf, p.7
1 Short title
australian-citizenship-act-2007.pdf, p.8
1 Section 1
1 July 2007
australian-citizenship-act-2007.pdf, p.19
10 Personal identifiers
...(f) any other identifier prescribed by the regulations (except an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914).
(a) fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies);
...any other identifier prescribed by the regulations (except an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914).
(1) For the purposes of this Act, a personal identifier is...
australian-citizenship-act-2007.pdf, p.20
Reference to photograph or image of person's face includes reference to face and neck.
10A References to photograph or other image of person’s face
Subclass of reference to photograph or image
10B Providing photographs and other images of faces to the
A person must provide a photograph or other image of their face to the Minister if required by citizenship law.
10B(1) Providing photographs and other images of faces to the
Must provide a photograph or other image of their face.
Provide a photograph or other image of the person's face to a specified recipient.
10B(2) Providing photographs and other images of faces to the
Must provide a photograph or other image of the person's face.
The person must provide a derived image to the recipient for certain purposes.
10B(3) Providing photographs and other images of faces to the
australian-citizenship-act-2007.pdf, p.21
11 Operation of Act
11(1) Operation of Act
Extends to acts, omissions, matters and things outside Australia; all persons irrespective of their nationality or citizenship.
11(2) Operation of Act
Extends to acts, omissions, matters and things outside Australia.
(2) This Act extends unless the contrary intention appears:
The Act applies despite State or Territory laws.
11(3) Operation of Act
australian-citizenship-act-2007.pdf, p.23
Simplified outline of Australian citizenship under this Division
11A Simplified outline
Citizenship by birth based on parent's citizenship or residency.
12 Citizenship by birth
...or (b) the person is ordinarily resident in Australia...
Temporal interval for residency requirement
(b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.
(1) A person born in Australia is an Australian citizen if and only if...
(a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born.
Conditional obligation based on parent's residency
...or (a) a parent of the person is an Australian citizen...
australian-citizenship-act-2007.pdf, p.24
13 Citizenship by adoption
australian-citizenship-act-2007.pdf, p.73
136 Section 136
Australian citizenship for abandoned children
14 Citizenship for abandoned children
The Minister must approve an applicant becoming an Australian citizen before a certain offence can be committed.
145 Section 145
The provision defines a temporal interval for committing the offence.
The provision specifies a temporal interval for committing the offence.
The provision states that the act or omission must occur before the Minister gives approval.
If the applicant is not approved, they cannot commit the offence.
The provision implies a causal relationship between the Minister's approval and the commission of the offence.
If the applicant is approved, they can commit the offence.
The provision defines a necessary condition for committing an offence.
The provision describes a concept related to citizenship and approval.
The provision states that the act or omission must be connected with the Minister's approval.
The applicant cannot commit the offence until approved.
The Minister has an obligation to approve the applicant.
The Minister is required to give approval before the offence can be committed.
The provision defines a necessary condition for committing the offence.
The provision describes a condition for committing an offence.
The provision states a condition for committing an offence in relation to the Minister's approval.
15 March 2007
15 Citizenship by incorporation of Territory
Citizenship by incorporation of Territory
15(1) Citizenship by incorporation of Territory
The person is an Australian citizen during...
(1) A person is an Australian citizen if: (a) any territory becomes a part of Australia; and (b) the person is included in a class of persons specified in a determination under this section.
The person is an Australian citizen if...
The person is an Australian citizen until...
Minister may determine classes of persons are Australian citizens from a specified day.
15(2) Citizenship by incorporation of Territory
Retrospective application of instruments
15(3) Citizenship by incorporation of Territory
Obligation to apply retrospective provisions
Exempts legislative instruments from the Legislation Act 2003's retrospective application.
15(4) Citizenship by incorporation of Territory
australian-citizenship-act-2007.pdf, p.26
Eligibility for Australian citizenship under Subdivision
15A Simplified outline
australian-citizenship-act-2007.pdf, p.13
Definition of ordinarily resident in a country
16 September 1975; and
australian-citizenship-act-2007.pdf, p.27
16 Application and eligibility for citizenship
16(1) Application and eligibility for citizenship
Eligibility for citizenship based on parent's Australian citizenship and residency.
16(2) Application and eligibility for citizenship
The parent has been present in Australia for at least 2 years.
Parent's residency in Australia for at least 2 years.
(ii) the parent has been present in Australia (except as an unlawful non-citizen) for a total period of at least 2 years at any time before the person made the application;
(a) a parent of the person was an Australian citizen at the time of the birth;
Parent must have been present in Australia for at least 2 years.
The person is not a national or citizen of any country.
Person must not be a national or citizen of any country.
(ii) the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen;
The Minister is satisfied that the person is of good character.
(c) if the person is or has ever been a national or citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.
australian-citizenship-act-2007.pdf, p.28
17 Minister’s decision
Minister must approve or refuse application for Australian citizenship.
17(1) Minister’s decision
Obligation to approve or refuse application.
Minister must not approve citizenship unless eligible under subsection 16(2) or (3).
17(1A) Minister’s decision
...the person is eligible to become an Australian citizen under subsection 16(2) or (3).
Describes temporal overlap between Minister's decision and citizenship approval.
(1A) The Minister must not approve the person becoming an Australian citizen unless...
Prohibits Minister from approving citizenship without eligibility.
Imposes obligation on Minister to ensure eligibility before approving citizenship.
Permits Minister to approve citizenship if eligibility criteria are met.
Describes temporal relevance of Minister's decision to citizenship approval.
Minister must approve person becoming Australian citizen if eligible.
17(2) Minister’s decision
Minister must verify person's identity before approving citizenship.
17(3) Minister’s decision
Minister's decision must be made during the citizenship application process.
Citizenship application process has a start and end date.
Person's identity is verified if Minister approves citizenship.
If Minister approves citizenship, then person's identity is verified.
Minister has a duty to verify person's identity.
Minister is required to approve citizenship.
Minister cannot approve citizenship without verifying person's identity.
Minister is not allowed to approve citizenship.
Minister must not approve citizenship for persons at risk of security
17(4) Minister’s decision
Minister cannot approve citizenship for convicted national security offenders.
17(4A) Minister’s decision
Citizenship condition for application under section 16
17(4B) Minister’s decision
(4B) A person is covered by this subsection if: (a) at the time the person made the application under section 16, the person: (i) is not a national of any country; and (ii) is not a citizen of any country; and (b) at the time of the person’s birth, the person had a parent who was an Australian citizen.
Minister cannot approve person becoming Australian citizen during specified period after ceasing citizenship.
17(5) Minister’s decision
australian-citizenship-act-2007.pdf, p.29
Minister must register person upon approval of citizenship.
18 Registration
19 Day citizenship begins
australian-citizenship-act-2007.pdf, p.30
A person does not become an Australian citizen under this Subdivision, even if the Minister approves the person becoming an Australian citizen.
19A When a person does not become a citizen despite the Minister’s
Eligibility for Australian citizenship by adoption
19B Simplified outline
Permission to become an Australian citizen
You may be eligible to become an Australian citizen under this Subdivision
australian-citizenship-act-2007.pdf, p.31
19C Application and eligibility for citizenship
Application for citizenship is permitted.
19C(1) Application and eligibility for citizenship
Eligibility for Australian citizenship based on adoption
19C(2) Application and eligibility for citizenship
The adoption and citizenship eligibility periods overlap.
Temporal overlap between adoption and citizenship eligibility
(2) A person (the applicant) is eligible to become an Australian citizen...
If the adoption meets certain conditions, then the applicant is eligible for citizenship.
The adoption compliance certificate recognizes the eligibility of the applicant.
The applicant is eligible for Australian citizenship.
The eligibility condition diffuses to the adopter and other individuals involved.
australian-citizenship-act-2007.pdf, p.33
19D Minister’s decision
Minister must approve or refuse application for citizenship
19D(1) Minister’s decision
Minister must not approve citizenship unless eligible
19D(2) Minister’s decision
...the person is eligible to become an Australian citizen under subsection 19C(2).
Describes temporal overlap between Minister's decision and eligibility
(2) The Minister must not approve the person becoming an Australian citizen unless...
Prohibits Minister from approving citizenship without eligibility
Establishes Minister's obligation to ensure eligibility before approval
Describes recurrent relationship between Minister's decision and eligibility
The Minister may refuse to approve citizenship despite eligibility.
19D(3) Minister’s decision
19D(4) Minister’s decision
Identity verification is a prerequisite for approval during this time period.
Identity verification occurs during the citizenship application process.
The Minister must not approve the person becoming an Australian citizen unless...
Satisfying oneself of the person's identity is a requirement for approval.
Minister must satisfy themselves of the person's identity.
Minister's decision is contingent upon verifying the person's identity.
Minister's decision is subject to identity verification.
Verifying a person's identity is necessary for citizenship approval.
Citizenship approval requires verifying a person's identity.
Minister must not approve citizenship if person is a security risk.
19D(5) Minister’s decision
Minister must not approve person becoming Australian citizen under certain conditions.
19D(6) Minister’s decision
Temporal interval for imprisonment sentence
The Minister must not approve the person becoming an Australian citizen if the person has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years.
Knowledge representation for national security offences
The Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence.
Recurring trace for national security offences
Validation for national security offences
australian-citizenship-act-2007.pdf, p.34
19E Registration
19F Day citizenship begins
australian-citizenship-act-2007.pdf, p.35
Must make an application, Minister must approve or refuse
19G Simplified outline
2 Commencement
Commencement of provisions within 6 months
2 Section 2
Requires relation between temporal intervals
Commences on first day after end of period
australian-citizenship-act-2007.pdf, p.36
Must make pledge of commitment and meet Minister's approval for citizenship.
20 Requirements for becoming a citizen
21 Application and eligibility for citizenship
Application for citizenship may be made by a person.
21(1) Application and eligibility for citizenship
Eligibility criteria for Australian citizenship application
21(2) Application and eligibility for citizenship
Possesses a basic knowledge of the English language
(e) possesses a basic knowledge of the English language
Understands the nature of an application under subsection (1)
(d) understands the nature of an application under subsection (1)
Has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship
(f) 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 if the application were to be approved
(g) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved
Is of good character at the time of the Minister’s decision on the application
(h) is of good character at the time of the Minister’s decision on the application
Eligibility for citizenship based on test completion and timing.
21(2A) Application and eligibility for citizenship
within the period (the relevant test period) worked out in accordance with that determination;
(c) the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination;
the Minister is satisfied that the following apply:
(d) the person successfully completed that test (worked out in accordance with that determination) within the relevant test period.
Eligibility for citizenship based on Minister's satisfaction
21(3) Application and eligibility for citizenship
The Minister's satisfaction occurs during the process of determining citizenship eligibility.
Minister's satisfaction occurs during eligibility determination
(3) A person is eligible to become an Australian citizen if the Minister...
The Minister possesses expertise relevant to determining citizenship eligibility.
Minister has expertise in determining citizenship eligibility
The Minister's satisfaction is a condition for citizenship eligibility.
Minister has power to determine eligibility
If the Minister is satisfied, then the person is eligible for citizenship.
Minister's satisfaction implies citizenship eligibility
The Minister's satisfaction conforms to the definition of citizenship eligibility.
Minister's satisfaction conforms to citizenship eligibility definition
australian-citizenship-act-2007.pdf, p.41
22 General residence requirement
General residence requirement for permanent residency application
22(1) General residence requirement
...the person was not present in Australia as an unlawful non-citizen at any time during that 4 year period.
General residence requirement is a temporal interval during which the applicant must have been present in Australia
(a) the person was present in Australia for the period of 4 years immediately before the day the person made the application;
...the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.
General residence requirement is an obligation for permanent residency application
(1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if...
The applicant must have been a permanent resident for the specified period to satisfy the general residence requirement
(c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.
The applicant must have been present in Australia for the specified period to satisfy the general residence requirement
Person must have been present in Australia during each period of absence.
22(1A) General residence requirement
...the person is taken to have been present in Australia...
General residence requirement for permanent residency
22(1B) General residence requirement
then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.
Presence in Australia as a permanent resident
(a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application;
australian-citizenship-act-2007.pdf, p.44
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
Therefore, the applicant's presence in Australia overlaps with the period of 12 months immediately before the day the applicant made the application.
The applicant's presence in Australia overlaps with a certain time period.
The applicant was present in Australia for a total of at least 90 days during the period of 12 months immediately before the day the applicant made the application.
Therefore, the applicant needs to be an Australian citizen in order to engage in that activity.
The applicant must be an Australian citizen.
The applicant is seeking to engage in an activity specified under subsection 22C(1).
Therefore, the applicant must have been present in Australia for at least 180 days during the period of 2 years immediately before the day the applicant made the application.
The applicant must have been present in Australia for a certain period of time.
The applicant was seeking to engage in an activity specified under subsection 22C(1).
Therefore, the applicant must not have been present in Australia as an unlawful non-citizen at any time during the period of 2 years immediately before the day the applicant made the application.
The applicant must not be an unlawful non-citizen.
Therefore, the applicant was present in Australia repeatedly during the period of 2 years immediately before the day the applicant made the application.
The applicant was present in Australia repeatedly during a certain time period.
The applicant was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the applicant made the application.
The Minister may determine that certain paragraphs do not apply to the applicant.
22A(1A) Special residence requirement—persons engaging in activities
australian-citizenship-act-2007.pdf, p.48
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
The person's work occurred within a specific time frame.
Temporal relation between the person's presence in Australia and their work
The person was present in Australia for at least 480 days during the 4-year period.
The person is eligible for Australian citizenship.
The person must satisfy the special residence requirement.
The person is subject to additional requirements as a permanent resident.
Special residence requirement for permanent residents
The person was a permanent resident for the period of 12 months immediately before the day they made the application.
The person is classified as eligible for Australian citizenship.
Classification of persons engaged in particular work
The person's occupation and travel history are relevant to their eligibility.
The person is classified as a permanent resident.
Classification of persons based on their residency status
The person was ordinarily resident in Australia throughout the period of 4 years immediately before the day they made the application.
The person's travel pattern is recurring.
The person regularly travelled outside Australia because of their work.
The Minister may determine that certain paragraphs do not apply to a person if they meet specific conditions.
22B(1A) Special residence requirement—persons engaged in particular
The Minister may determine that certain paragraphs do not apply to a person.
The person has given the Minister an undertaking that they will be ordinarily resident in Australia if they become an Australian citizen.
australian-citizenship-act-2007.pdf, p.52
22C Special residence requirement—legislative instruments
The Minister may specify activities for the purposes of subparagraph 22A(1)(a)(i).
22C(1) Special residence requirement—legislative instruments
The Minister may specify organisations for the purposes of paragraph 22A(1)(b).
22C(2) Special residence requirement—legislative instruments
The Minister's power to specify organisations is valid for a specific period.
(2) The Minister may, by legislative instrument, specify organisations for the purposes of paragraph 22A(1)(b).
The Minister's power to specify organisations is a knowledge graph.
The Minister's power to specify organisations is a recurring trace.
The Minister's power to specify organisations is a schema.
The Minister may specify kinds of work for the purposes of paragraph 22B(1)(a).
22C(3) Special residence requirement—legislative instruments
23 Defence service requirement
Person must have completed relevant defence service to satisfy defence service requirement.
23(1) Defence service requirement
Person has obligation to complete relevant defence service.
Relative satisfies defence service requirement if they hold a visa of the same kind as the defence person.
23(2) Defence service requirement
Relative's visa application occurred during the defence person's visa application period
Temporal relationship between defence service and relative's visa application
Relative was a member of the family unit of the defence person when the defence person was granted the visa.
Inference from relative's visa to defence service requirement using AI
Relative holds a visa of that kind because the relative is a member of the family unit of the defence person.
Relative satisfies defence service requirement.
Relative holds a visa of the same kind as the defence person.
Inference from relative's visa to defence service requirement
Relative's visa will expire until the defence person completes relevant defence service
Temporal relationship between relative's visa and defence service completion
Relative satisfies defence service requirement if certain conditions met.
23(3) Defence service requirement
relative satisfies defence service requirement
Relative's visa was granted during the same period as the defence person's visa.
relative held a visa of that kind because the relative was a member of the family unit of the defence person
Relative's satisfaction of the defence service requirement will lead to their visa being granted.
Relative satisfies obligation if conditions met.
Relative's visa will be revoked if they fail to satisfy the defence service requirement.
23(4) Defence service requirement
There is a temporal interval implied by the definition of relevant defence service
Definition of relevant defence service implies a temporal interval
The definition of relevant defence service includes conditions for completion of service over time
There is a cognitive process implied by the definition of relevant defence service
Definition of relevant defence service implies a cognitive process
There is an obligation to complete relevant defence service
Definition of relevant defence service implies a duty to provide
The definition of relevant defence service includes conditions for completion of service
The definition of relevant defence service is clear
Permanent Forces, Reserves, and relevant defence service are defined
There is a diffusion of knowledge implied by the definition of relevant defence service
Definition of relevant defence service implies a diffusion of knowledge
There is a trace of service implied by the definition of relevant defence service
Definition of relevant defence service implies a trace of service
australian-citizenship-act-2007.pdf, p.54
23A Citizenship test
Minister must approve a test for citizenship eligibility
23A(1) Citizenship test
Eligibility criteria for sitting the test must be specified
23A(2) Citizenship test
Eligibility criteria for sitting the test must satisfy subsection 21(2)
23A(3) Citizenship test
Eligibility for citizenship test based on permanent residency and Minister's satisfaction.
23A(4) Citizenship test
23A(5) Citizenship test
Determination under subsection (1) may provide for the period within which a person must start and complete the test.
23A(5A) Citizenship test
Minister may determine additional matters related to the citizenship test.
23A(6) Citizenship test
Legislative instrument determination is not valid.
23A(7) Citizenship test
(7) A determination made under subsection (1)
australian-citizenship-act-2007.pdf, p.55
24 Minister’s decision
24(1) Minister’s decision
Minister must not approve citizenship unless eligible under specified subsections.
24(1A) Minister’s decision
...the person is eligible to become an Australian citizen under subsection 21(2), (3), (4), (5), (6), (7) or (8).
Establishes temporal overlap between eligibility and approval.
Justifies Minister's decision based on eligibility criteria.
Establishes Minister's obligation to ensure eligibility.
Diffuses eligibility criteria to Minister's decision.
The Minister may refuse to approve a person's citizenship despite their eligibility.
24(2) Minister’s decision
The Minister's decision is a temporal interval.
Minister must personally make decision under subsection (1) of section 24(2A)
24(2A) Minister’s decision
Decision under subsection (1) of section 24(2A) must be made by the Minister personally.
Minister's decision is within a specific time frame
(2A) If the Minister exercised the power...
Minister's decision is a necessary condition
24(3) Minister’s decision
Verification of person's identity is a necessary condition for citizenship approval.
Person's identity verification is required before approving citizenship.
Minister has the authority to approve citizenship.
If Minister approves citizenship, then person's identity must be verified.
If Minister approves citizenship, then person's identity must be verified in all cases.
australian-citizenship-act-2007.pdf, p.59
25 Minister may cancel approval
Minister may cancel approval under certain conditions.
25(1) Minister may cancel approval
25(2) Minister may cancel approval
Approval may be cancelled within the specified temporal interval
Temporal interval for approval cancellation
Minister proposes to cancel approval at a specific time
Failure to make a pledge of commitment within 12 months may result in cancellation of approval.
25(3) Minister may cancel approval
The person must make a pledge of commitment within 12 months after that day.
Time interval: 12 months after approval day to pledge commitment day.
The person received notice of the approval on a certain day.
The person must make a pledge of commitment within 12 months.
Obligation to make a pledge of commitment within 12 months.
The person received notice of the approval.
The Minister must follow the procedure for cancellation.
Prohibition on cancelling approval without following procedure.
The Minister may cancel the approval under those circumstances.
Permission for Minister to cancel approval under certain circumstances.
The person has failed to make a pledge of commitment within 12 months after receiving notice.
25(4) Minister may cancel approval
Must apply for Australian citizenship and meet eligibility criteria.
26 January 1949 and a parent of yours was an Australian
Minister must be satisfied that applicant is of good character.
26 January 1949; and
Minister has an obligation to be satisfied that applicant is of good character.
australian-citizenship-act-2007.pdf, p.60
26 Pledge of commitment must be made
Must make a pledge of commitment to become an Australian citizen unless certain conditions are met.
26(1) Pledge of commitment must be made
Pledge is a commitment to become an Australian citizen
No pledge of commitment can be made before approval by the Minister.
26(2) Pledge of commitment must be made
A pledge of commitment made by the person before that time is of no effect.
Prohibition of pledge making without Minister's approval.
(2) A person must not make a pledge of commitment before the Minister approves the person’s application to become an Australian citizen.
Cannot make pledge until end of specified period if visa may be cancelled or offence charged.
26(3) Pledge of commitment must be made
Pledge making is prohibited until end of specified period if visa cancellation overlaps with pledge making
Temporal overlap between visa cancellation and pledge making
(a) visa held by person may be cancelled under Migration Act 1958 (whether or not the person has been given any notice to that effect);
Minister may determine that person cannot make pledge until end of specified period
Prohibition of making pledge until end of specified period
Prohibition of making pledge until end of specified period if offence charged
(b) the person has been or may be charged with an offence under an Australian law.
Pledge making is prohibited until end of specified period if visa cancellation repeats with pledge making
Repeating pattern of prohibition on pledge making
The Minister must not specify a period exceeding 12 months.
26(4) Pledge of commitment must be made
Limits the duration of specified periods.
(4) The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.
Establishes the relationship between specifying periods and exceeding limits.
Prohibits specifying periods exceeding 12 months.
Imposes an obligation on the Minister to limit periods.
Applies the obligation to all related provisions.
Minister may revoke determination by writing.
26(5) Pledge of commitment must be made
Cannot make pledge of commitment before end of specified period
26(6) Pledge of commitment must be made
australian-citizenship-act-2007.pdf, p.61
Pledge of commitment must be made in a specific form.
27 How pledge of commitment is to be made
Obligation to make pledge of commitment in a specific form.
australian-citizenship-act-2007.pdf, p.62
28 Day citizenship begins etc.
A person required to make a pledge of commitment becomes an Australian citizen.
28(1) Day citizenship begins etc.
A person becomes an Australian citizen on the day of approval by the Minister.
28(2) Day citizenship begins etc.
Child's citizenship begins at age 16 if parents apply under section 21 and the Minister approves.
28(3) Day citizenship begins etc.
if: 1 or more responsible parents of the child made applications under section 21 at that time; and the Minister decided under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens.
(3) Subsection (2) does not apply to a child aged under 16...
Child becomes Australian citizen on first day a responsible parent becomes an Australian citizen.
28(4) Day citizenship begins etc.
The child becomes an Australian citizen on the first day.
Child's citizenship begins on a specific date.
(4) If 1 or more of the responsible parents become Australian citizens...
The child becomes an Australian citizen.
Parent's citizenship implies child's citizenship.
AI recognizes the relationship between parent and child citizenship.
Child's citizenship depends on a parent's citizenship.
Child's citizenship spreads to all parents.
australian-citizenship-act-2007.pdf, p.63
Eligibility for Australian citizenship reapplication
28A Simplified outline
Permission to become an Australian citizen again
australian-citizenship-act-2007.pdf, p.64
29 Application and eligibility for resuming citizenship
29(1) Application and eligibility for resuming citizenship
29(2) Application and eligibility for resuming citizenship
Has obligation to provide eligibility criteria
Eligibility for resuming Australian citizenship
29(3) Application and eligibility for resuming citizenship
(3) A person is eligible to become an Australian citizen again under this Subdivision if:
You become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born.
2A Simplified outline
You are born before the commencement date.
You must be born before the commencement date to acquire citizenship automatically.
You must be born in Australia and have one or both parents as Australian citizens or permanent residents to become a citizen automatically.
You can apply for citizenship by conferral.
You must be a permanent resident and willing to make a pledge of commitment to apply for citizenship by conferral.
You must successfully complete a citizenship test to apply for citizenship by conferral.
You need to be willing to make a pledge of commitment.
3 Section 3
australian-citizenship-act-2007.pdf, p.11
3 Definitions
Enumerates types of artificial conception procedures
australian-citizenship-act-2007.pdf, p.65
30 Minister’s decision
30(1) Minister’s decision
Minister must not approve person becoming Australian citizen again unless eligible under subsection 29(2) or (3).
30(1A) Minister’s decision
...the person is eligible to become an Australian citizen again under subsection 29(2) or (3).
Describes temporal overlap between Minister's decision and person's eligibility.
(1A) The Minister must not approve the person becoming an Australian citizen again unless...
Prohibits Minister from approving person becoming Australian citizen again without eligibility.
Imposes obligation on Minister to not approve person becoming Australian citizen again without eligibility.
Permits Minister to approve person becoming Australian citizen again if eligible.
Describes recurring trace of Minister's decision and person's eligibility.
Minister may refuse approval for citizenship reapplication
30(2) Minister’s decision
...despite the person being eligible to become an Australian citizen again under subsection 29(2) or (3).
Defines temporal interval of prohibition
Minister must verify identity before approving citizenship renewal
30(3) Minister’s decision
Minister is approving citizenship renewal
Minister must verify identity before approval
australian-citizenship-act-2007.pdf, p.67
Minister must register person upon approval of citizenship renewal.
31 Registration
32 Day citizenship begins again etc.
A person becomes an Australian citizen again on the day of approval by the Minister.
32(1) Day citizenship begins again etc.
Imposes a duty on the State to approve citizenship applications.
Defines a subclass of Australian citizens based on approval by the Minister.
Reinstatement of citizenship under certain conditions.
32(2) Day citizenship begins again etc.
...the person becomes an Australian citizen again under that Subdivision.
(2) If the person, before ceasing to be an Australian citizen...
If the person, before ceasing to be an Australian citizen...
Establishes implication of citizenship reinstatement
32(3) Day citizenship begins again etc.
australian-citizenship-act-2007.pdf, p.68
You can cease to be an Australian citizen in certain circumstances.
32A Simplified outline of this Division
australian-citizenship-act-2007.pdf, p.69
33 Renunciation by application
Renunciation of Australian citizenship by application
33(1) Renunciation by application
Minister must approve or refuse renunciation of Australian citizenship by writing.
33(2) Renunciation by application
Minister has a duty to approve or refuse renunciation.
Minister must approve renunciation of Australian citizenship under certain conditions.
33(3) Renunciation by application
The Minister must approve the person's renunciation.
Minister has an obligation to approve renunciation.
The Minister is required to make a decision.
Minister must verify identity of person renouncing citizenship
33(4) Renunciation by application
Minister verifies identity of person renouncing citizenship
Minister may refuse approval of citizenship renunciation during war.
33(5) Renunciation by application
...if the person: (a) is a national or citizen of a foreign country at the time the person made the application; and (b) made the application during a war in which Australia is engaged.
Renunciation during war occurs within Allen interval.
(5) The Minister may refuse to approve the person renouncing his or her Australian citizenship...
Minister prohibits approval of renunciation during war.
Renunciation during war occurs within LTL interval.
australian-citizenship-act-2007.pdf, p.70
34 Revocation by Minister—offences or fraud
Revocation of Australian citizenship by Minister under certain conditions.
34(1) Revocation by Minister—offences or fraud
Revocation must occur within a specified period after discovery of fraud or other serious offenses.
Specifies the time frame for revoking citizenship.
The Minister must revoke citizenship within a certain timeframe after discovering the individual's wrongdoing.
Revocation is justified only if the specified conditions are met.
Requires justification for revoking citizenship.
The Minister must provide clear and compelling reasons for revocation.
Citizenship revocation is represented as a knowledge-based system.
Represents knowledge about citizenship revocation in a structured format.
The Minister's decision to revoke citizenship must be based on accurate and reliable information.
Revocation is prohibited unless the specified conditions are met.
Prohibits revocation of citizenship without proper grounds.
The Minister must have a valid reason to revoke citizenship.
False information about citizenship approval is not permitted.
Applies to the propagation of false information about citizenship approval.
The Minister must take steps to prevent the spread of false information about citizenship approval.
Minister may revoke Australian citizenship by writing.
34(2) Revocation by Minister—offences or fraud
Revocation of Australian citizenship by Minister under special residence requirements.
34A Revocation by Minister—special residence requirements
Prohibits revocation of Australian citizenship by Minister.
(1) The Minister may, by writing, revoke a person’s Australian citizenship if:
Implies that the provision is a prohibition.
australian-citizenship-act-2007.pdf, p.74
36 Children of responsible parents who cease to be citizens
Minister may revoke child's Australian citizenship if responsible parent ceases to be citizen.
36(1) Children of responsible parents who cease to be citizens
Minister has the power to revoke child's citizenship.
Exemption from subsection (1) for children of Australian citizens
36(2) Children of responsible parents who cease to be citizens
Exemption applies during the period of overlap between responsible parents' citizenship
(b) if there ceases to be such a responsible parent because of the death of a responsible parent—at any time after that death
State permits exemption for children of Australian citizens
Cannot revoke child's Australian citizenship under certain conditions.
36(3) Children of responsible parents who cease to be citizens
australian-citizenship-act-2007.pdf, p.75
Recognizes Australian citizenship as a common bond with reciprocal rights and obligations.
36A Purpose of this Subdivision
Imposes a duty on citizens to uphold Australian values.
demonstrate that they have severed that bond and repudiated their allegiance to Australia
Forbids citizens from demonstrating severed allegiance to Australia.
citizens may, through certain conduct incompatible with the shared values of the Australian community
Imposes a duty on citizens to uphold shared values.
and that citizens may, through certain conduct incompatible with the shared values of the Australian community
Australian citizenship is a common bond involving reciprocal rights and obligations
the Parliament recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia.
Establishes the purpose of this subdivision.
australian-citizenship-act-2007.pdf, p.76
36B Cessation of citizenship if citizenship cessation order made by
Ceases to be an Australian citizen upon order made under subsection 36C(1)
36B(1) Cessation of citizenship if citizenship cessation order made by
ceases to be an Australian citizen at the time the order is made.
Ceases to be an Australian citizen upon cessation of citizenship order
(1) Subject to this section, if an order is made under subsection 36C(1)
If a court decision overturns or quashes the order, citizenship is taken never to have ceased.
36B(2) Cessation of citizenship if citizenship cessation order made by
...the person’s citizenship is taken never to have ceased under subsection (1) of this section.
Defines the temporal scope of 'citizenship cessation'
(2) If a decision of a court overturns or quashes the order...
Extends the scope of 'citizenship cessation'
Preserves validity of actions taken in reliance on citizenship cessation order
36B(3) Cessation of citizenship if citizenship cessation order made by
(3) The validity of anything done in reliance on the order made under subsection 36C(1)
Ceases to be an Australian citizen if decisions overturn or quash citizenship cessation order.
36B(4) Cessation of citizenship if citizenship cessation order made by
...the person ceases to be an Australian citizen at the time the second decision is made.
Ceasing citizenship overlaps with NaturalPerson's existence.
Ceasing citizenship implies NaturalPerson's loss of citizenship.
CogAI asserts NaturalPerson's loss of citizenship upon overturning or quashing order.
Obligation to cease citizenship upon overturning or quashing order.
Ceasing citizenship diffuses NaturalPerson's status.
36C Citizenship cessation order if person is convicted of serious
Ceases Australian citizenship if convicted of serious offence with imprisonment period of at least 3 years.
36C(1) Citizenship cessation order if person is convicted of serious
the court may, when imposing such a period or periods of imprisonment...
(c) before the court imposes the sentence or sentences on the person in respect of the conviction or convictions, the Minister makes an application under subsection 36D(1) for an order to be made under this subsection in relation to the person;
Imposes prohibition on ceasing Australian citizenship.
(a) a person is convicted of one or more serious offences;
Obliges the court to impose ceasing Australian citizenship.
Recurrent condition of ceasing Australian citizenship.
(d) the court is satisfied of the matters specified in subsection (4) of this section;
Court must not make order if person would lose citizenship
36C(2) Citizenship cessation order if person is convicted of serious
Citizenship cessation order if person is convicted of serious offence
36C(3) Citizenship cessation order if person is convicted of serious
(conviction) during (period of citizenship cessation)
Conviction occurs during the period of citizenship cessation
(person convicted of serious offence) during (period of citizenship cessation)
Conviction implies citizenship cessation
Offence implies citizenship cessation for certain types of offences
(offence) implies (citizenship ceased) for (serious offence)
(citizenship ceased) implies (conviction)
Citizenship cessation implies conviction for certain types of offences
(citizenship ceased) implies (conviction) for (serious offence)
australian-citizenship-act-2007.pdf, p.80
36D Application by the Minister for a citizenship cessation order
Application for citizenship cessation order
36D(1) Application by the Minister for a citizenship cessation order
Application must be made before conviction but after sentencing.
36D(2) Application by the Minister for a citizenship cessation order
The application begins before conviction.
Application timing is related to conviction and sentencing.
(2) The application may be made before or after the person is convicted of one or more serious offences but must be made before the person is sentenced.
The application must be made before conviction.
The application must be made after sentencing.
The application is part of a specific domain.
Application relates to a specific domain.
Consultation with Foreign Affairs Minister before making application.
36D(3) Application by the Minister for a citizenship cessation order
Application cannot be made without consultation
Minister must consult Foreign Affairs Minister
Application must include specific information about the person's age, citizenship, and nationality.
36D(4) Application by the Minister for a citizenship cessation order
Application must include specific information.
Application must be made in jury's absence and not referred to in their presence.
36D(5) Application by the Minister for a citizenship cessation order
Minister must give written notice of application to person and other persons considered appropriate.
36D(6) Application by the Minister for a citizenship cessation order
Section 47 does not apply to the Minister's decision on citizenship cessation order application.
36D(7) Application by the Minister for a citizenship cessation order
Section 47 applies to decisions of the Minister
This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen.
36D(8) Application by the Minister for a citizenship cessation order
The section applies during the person's citizenship.
(8) This section applies in relation to a person who is an Australian citizen regardless of how the person became an Australian citizen
The section implies that citizenship cessation orders can be applied.
The section recognizes the importance of citizenship cessation orders.
The section applies to a specific person.
The section diffuses information about citizenship cessation orders.
australian-citizenship-act-2007.pdf, p.81
No resumption of citizenship if citizenship ceases under this subdivision.
36L No resumption of citizenship if citizenship ceases under this
australian-citizenship-act-2007.pdf, p.82
37 Evidence of Australian citizenship
Application for evidence of Australian citizenship
37(1) Evidence of Australian citizenship
37(2) Evidence of Australian citizenship
37(3) Evidence of Australian citizenship
Minister must be satisfied of person's identity before giving notice.
37(4) Evidence of Australian citizenship
...the Minister is satisfied of the identity of the person.
Minister has a duty to be satisfied of person's identity.
The Minister must not give the person such a notice unless...
Minister cannot give notice without being satisfied of person's identity.
Minister's satisfaction of person's identity is a necessary condition for giving notice.
Minister's satisfaction of person's identity is a necessary condition for giving notice until it is no longer true.
Notice is prima facie evidence of the matters in the notice.
37(5) Evidence of Australian citizenship
Minister may cancel a notice given to a person under this section.
37(6) Evidence of Australian citizenship
australian-citizenship-act-2007.pdf, p.83
38 Surrender of physical evidentiary notice
Request to surrender physical evidentiary notice upon revocation of citizenship.
38(1) Surrender of physical evidentiary notice
at the time of the revocation, there is in force a notice under section 37 in relation to the person;
the Minister may request the person to surrender the notice to the Minister.
(c) the notice was given to the person in a physical form;
Request to surrender notice is obligation.
Request diffuses responsibility for notice.
(a) the Minister makes a decision under section 34 or 34A to revoke a person’s Australian citizenship;
Request for surrender of physical notice
38(2) Surrender of physical evidentiary notice
Request for surrender of physical evidentiary notice must be in writing and specify certain details.
38(3) Surrender of physical evidentiary notice
must be a day at least 28 days after the day on which the Minister makes the request
Request must specify day at least 28 days after Minister's request
(3) A request given to a person under subsection (1) or (2) must:
must specify the day on or before which the person must surrender
must specify how the person is to surrender the notice to the Minister
must contain a statement to the effect that a failure to comply with the request is an offence
Must contain statement about failure to comply
Failure to comply with a request is an offence.
38(4) Surrender of physical evidentiary notice
The time period between receiving the request and failing to comply.
(4) A person commits an offence if: (a) the person is given a request that is in accordance with this section; and (b) the person fails to comply with the request.
The person fails to comply with the request.
Prohibition of failing to comply with a request.
The time period until the person fails to comply.
australian-citizenship-act-2007.pdf, p.84
Altering evidentiary notice is prohibited.
39 Altering evidentiary notice
Prohibition of altering evidentiary notice.
australian-citizenship-act-2007.pdf, p.15
4 Australian citizen
4(1) Australian citizen
Australian citizen under Division 1 or 2 of Part 2
Australian citizen under the Australian Citizenship Act 1948
Determine Australian citizenship before commencement day
4(2) Australian citizen
...work that out under the Australian Citizenship Act...
australian-citizenship-act-2007.pdf, p.85
40 Request for personal identifiers
40(1) Request for personal identifiers
Class of persons authorised under subsection (4)
Request must inform person of prescribed matters
40(2) Request for personal identifiers
Authorise a person for purposes of paragraph (1)(d)
40(3) Request for personal identifiers
Authorise a class of persons for the purposes of paragraph (1)(e)
40(4) Request for personal identifiers
Classify persons for the purposes of paragraph (1)(e)
Regulations must prescribe procedures for personal identifier provision
41 Provision of personal identifiers
australian-citizenship-act-2007.pdf, p.86
42 Accessing identifying information
Accessing identifying information without authorization is an offence.
42(1) Accessing identifying information
Prohibits accessing identifying information without authorization.
(a) the person accesses identifying information; and (b) the person is not authorised under this section to access the identifying information for the purpose for which the person accessed it.
Requires authorization to access identifying information.
The penalty is Imprisonment for 2 years, or 120 penalty units, or both.
Describes the consequence of accessing identifying information without authorization.
Implies that accessing identifying information without authorization is an offence.
Defendant bears evidential burden in relation to the matter in subsection (1A)
42(1A) Accessing identifying information
Exemption from section 42(2) for permitted disclosures under section 43.
42(2) Accessing identifying information
Authorisation for accessing identifying information
42(3) Accessing identifying information
...any person included in a specified class of persons...
The Minister must specify purposes for which access is authorised.
42(4) Accessing identifying information
australian-citizenship-act-2007.pdf, p.87
43 Disclosing identifying information
Disclosing identifying information is prohibited.
43(1) Disclosing identifying information
Permitted disclosure of identifying information
43(1A) Disclosing identifying information
...see section 34C of the Inspector-General of Intelligence and Security Act 1986.
A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection
...Australian Privacy Principle 6 may apply to further disclosures of that identifying information by a person who is not an entrusted person.
Allows further disclosure by IGIS official
For IGIS officials, see section 34C of the Inspector-General of Intelligence and Security Act 1986.
...see subsection 13.3(3) of the Criminal Code.
australian-citizenship-act-2007.pdf, p.89
44 Unauthorised modification or impairment of identifying
Unauthorized modification or impairment of identifying information is prohibited.
44(1) Unauthorised modification or impairment of identifying
The modification of identifying information overlaps with the concept of an offence.
(1) A person commits an offence if: (a) the person causes any unauthorised modification of identifying information; and (b) the person intends to cause the modification; and (c) the person knows that the modification is unauthorised.
The system recognizes the prohibition of unauthorized modification or impairment.
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
Prohibits unauthorized modification or impairment of identifying information.
The prohibition of unauthorized modification or impairment diffuses to all entities that can be modified.
The prohibition of unauthorized modification or impairment applies until an offence is committed.
44(2) Unauthorised modification or impairment of identifying
...the person knows that the impairment is unauthorised.
...the security of the storage of identifying information; or...
...the operation of a system by which identifying information is stored; and...
...the person intends to cause the impairment; and...
Permitted disclosure exception for modification or impairment of identifying information
44(2A) Unauthorised modification or impairment of identifying
Allows modification or impairment under certain conditions
australian-citizenship-act-2007.pdf, p.90
45 Destroying identifying information
Destroying identifying information is an obligation for the responsible person.
45(1) Destroying identifying information
Destroying identifying information is an obligation.
Obligation to destroy identifying information
The person is the responsible person for identifying information.
Exemptions from destroying identifying information
45(2) Destroying identifying information
Exemptions from destruction of personal identifiers
Identifying person for database or system
45(3) Destroying identifying information
Destroy personal identifiers by physically destroying them.
45(4) Destroying identifying information
Destroying must occur during the lifetime of the identifier.
(4) For the purposes of this section, identifying information is...
Mandatory destruction of identifying information.
(4) For the purposes of this section, identifying information is destroyed if:...
Identifying information is classified as personal or non-personal.
Destroying must occur through physical destruction.
Destroying must occur until the end of the identifier's lifetime.
Maintain indexes of persons with personal identifiers.
45(5) Destroying identifying information
Database is a discrete body of information.
(5) For the purposes of this section, a database is a discrete body of information stored by electronic means, containing: (a) indexes of persons who have provided personal identifiers in accordance with a request under this Division; and (b) their identifying information.
australian-citizenship-act-2007.pdf, p.92
45A Prohibition on, and forfeiture of, bogus documents
Giving bogus documents to certain officials is prohibited.
45A(1) Prohibition on, and forfeiture of, bogus documents
Forfeiture of bogus documents given in contravention of subsection (1)
45A(2) Prohibition on, and forfeiture of, bogus documents
Imposes a prohibition on giving bogus documents
45B Seizure of bogus documents
Seizure of documents suspected to be forfeited
45B(1) Seizure of bogus documents
Minister must give written notice of seizure to person who gave document
45B(2) Seizure of bogus documents
Minister has a duty to give written notice
Notice must specify reason for seizure and allow person to institute proceedings.
45B(3) Seizure of bogus documents
Obligation to provide reason and notice period
The period for seizure of bogus documents must start on the date of notice and end 90 days after that.
45B(4) Seizure of bogus documents
Obligation to seize bogus documents within the specified period.
australian-citizenship-act-2007.pdf, p.93
45C Document condemned as forfeited
Institute proceedings to recover a document or declare it not forfeited.
45C(1) Document condemned as forfeited
Proceedings may be instituted before end of specified period despite seizure notice delay.
45C(2) Document condemned as forfeited
Permission to institute proceedings before end of period
Document condemnation as forfeited after specified period
45C(3) Document condemned as forfeited
Prohibits document condemnation without proceedings
No proceedings instituted within specified period
Document must be recovered by person or owner within specified period.
45C(4) Document condemned as forfeited
Temporal interval: End of proceedings - Start of recovery process
(4) If, before the end of the period specified in the seizure notice...
the document is condemned as forfeited unless there is an order for the person or owner to recover the document.
Appeal must be lodged within a period for proceedings to end.
45C(5) Document condemned as forfeited
If no appeal is lodged, proceedings end.
australian-citizenship-act-2007.pdf, p.94
45D Dealing with a document after it is condemned as forfeited
Must deal with or dispose of a document in accordance with Minister's direction.
45D(1) Dealing with a document after it is condemned as forfeited
Obligation to deal with or dispose of a document.
Must give direction for safe keeping and authorise access to document
45D(2) Dealing with a document after it is condemned as forfeited
A direction given under this section is not a legislative instrument.
45D(3) Dealing with a document after it is condemned as forfeited
australian-citizenship-act-2007.pdf, p.95
46 Application requirements
The application must be on the relevant form approved by the Minister, contain the required information, and be accompanied by any prescribed documents or fee.
Application requirements for a provision under the Act.
46(1) Application requirements
The application is valid if it meets these requirements.
Application must meet certain requirements.
The application must be on the relevant form approved by the Minister.
Fee prescribed by regulations may include component related to test sitting.
46(1A) Application requirements
Fee includes component related to test sitting.
Minister may approve forms for applications under this Act.
46(2) Application requirements
australian-citizenship-act-2007.pdf, p.96
47 Notification of decisions
Minister must give person notice of decision.
47(1) Notification of decisions
Minister must give parent notice of decision if child is involved.
47(2) Notification of decisions
Must provide reasons for adverse decision
47(3) Notification of decisions
Minister must give notice in prescribed manner
47(4) Notification of decisions
Classification of provision as obligation
Failure to comply does not affect decision validity
47(5) Notification of decisions
(5) A failure to comply... does not affect the validity of the decision.
Decision validity unaffected by non-compliance
australian-citizenship-act-2007.pdf, p.97
48 Computerised decision-making
The Minister may arrange for computer programs to be used under the Minister's control.
48(1) Computerised decision-making
Minister is taken to have made a decision or exercised a power
48(2) Computerised decision-making
Allowance for substitution of decision made by computer program
48(3) Computerised decision-making
Granting permission to substitute a decision
australian-citizenship-act-2007.pdf, p.98
49 Evidence of whether computer program is functioning correctly
Notice signed by authorised person stating whether computer program is functioning correctly is prima facie evidence.
49(1) Evidence of whether computer program is functioning correctly
Imposes an obligation on the state to provide evidence of computer program functionality.
Authorise a person to issue notices under this section.
49(2) Evidence of whether computer program is functioning correctly
Authorises class of persons to issue notices under this section.
49(3) Evidence of whether computer program is functioning correctly
(3) The Minister may, by legislative instrument, authorise a class of persons to issue notices under this section.
Defines terms for a computer program's functioning correctly and citizenship proceedings.
49(4) Evidence of whether computer program is functioning correctly
australian-citizenship-act-2007.pdf, p.16
5 Permanent resident
5(1) Permanent resident
Specify requirements for persons with special category visas or those who have held such a visa.
5(2) Permanent resident
...are, or are during a specified period, persons to whom this subsection applies.
(2) The Minister may, by legislative instrument...
Work out if a person was a permanent resident under the Australian Citizenship Act 1948.
5(3) Permanent resident
Temporal interval: before the commencement day.
Identify temporal intervals in the provision
The text mentions a specific time period (before the commencement day).
Classify the deontic type of a provision
The text imposes a duty on the person to work out if they were a permanent resident.
australian-citizenship-act-2007.pdf, p.99
Making false statements or representations is an offence.
50 False statements or representations
Obligation to not make false statements or representations.
(1) A person commits an offence if: (a) the person makes, or causes or permits to be made, a representation or statement;
Prohibition on making false statements or representations.
Temporal inclusion of making false statements or representations.
australian-citizenship-act-2007.pdf, p.100
Section applies to all offences against this Act.
51 Geographical jurisdiction for offences
51A Things seized under Crimes Act search warrant and
Things seized under Crimes Act search warrant and
51A(1) Things seized under Crimes Act search warrant and
Authorisation to share warrant material with a person covered by subsection (4) and for a purpose mentioned in subsection (3).
51A(2) Things seized under Crimes Act search warrant and
Authorisation to receive and use warrant material and information.
51A(3) Things seized under Crimes Act search warrant and
Authorised to receive and use warrant material.
Has permission to receive and use warrant material.
Authorised to make decisions regarding Australian citizenship.
Has authority to make decisions regarding Australian citizenship.
List of persons covered by subsection (4)
51A(4) Things seized under Crimes Act search warrant and
List of persons covered by the obligation
australian-citizenship-act-2007.pdf, p.101
51B Reports to Parliament
Report to Parliament on applications made under section 36D
51B(1) Reports to Parliament
Prohibition on reporting sensitive information
51B(2) Reports to Parliament
Prohibits reporting sensitive information
...operationally sensitive information (within the meaning...)
Describes the scope of prohibited information
australian-citizenship-act-2007.pdf, p.102
52 Review of decisions
Application for review of certain citizenship decisions
52(1) Review of decisions
State has obligation to review decisions
No review of decision for refusing citizenship application by applicant over 18.
52(2) Review of decisions
(2) However, if: (a) the Minister makes a decision under section 24 to refuse to approve a person becoming an Australian citizen; and (b) the Minister’s reasons for the decision did not refer to the eligibility ground in subsection 21(8) (about statelessness); a person (the applicant) cannot apply for review of that decision unless the applicant is a permanent resident.
Prohibits review of decision for refusing citizenship application by applicant over 18.
Tribunal cannot review exercise of power or failure to exercise power
52(3) Review of decisions
...the Tribunal must not review any exercise of the power or any failure to exercise the power.
(b) the Tribunal must not review any exercise of the power or any failure to exercise the power.
Prohibition on reviewing certain actions
(3) For the purposes of the Administrative Review Tribunal reviewing a decision...
...the Tribunal must not review any exercise of the power...
Prohibition on exercising certain powers
(a) the Tribunal must not exercise the power under subsection 22A(1A) or 22B(1A);
australian-citizenship-act-2007.pdf, p.103
53 Delegation
The Minister may delegate functions or powers to any person.
53(1) Delegation
Delegation exception for approval of citizenship test
53(2) Delegation
australian-citizenship-act-2007.pdf, p.104
Regulations may be prescribed by Governor-General
54 Regulations
6 Responsible parent
A person is a responsible parent if they meet certain conditions.
6(1) Responsible parent
(d) the person (whether or not...) has guardianship...
6(1A) Responsible parent
Expressions used in paragraphs (1)(b) and (c) have the same meaning as in the Family Law Act 1975.
6(2) Responsible parent
australian-citizenship-act-2007.pdf, p.17
6A National security offences
Minister may determine national security offences
6A(1) National security offences
Application decisions affected by national security determination
6A(2) National security offences
applications made under this Act after the determination takes effect; and applications made under this Act before the determination takes effect that have not been decided before the determination takes effect.
Determination affects application decisions
(2) A determination under subsection (1)
australian-citizenship-act-2007.pdf, p.18
7 Children born on ships or aircraft or after death of parent
Definition of birthplace for persons born on ships or aircraft
7(1) Children born on ships or aircraft or after death of parent
Status of parent at time of birth taken to be status at time of death for deceased parent.
7(2) Children born on ships or aircraft or after death of parent
8 Children born as a result of artificial conception procedures or
Section applies to children born as a result of artificial conception procedures or certain relationships.
8(1) Children born as a result of artificial conception procedures or
Section applies to children born within specified temporal intervals.
(1) This section applies if a child is: (a) a child of a person under section 60H or 60HB of the Family Law Act 1975; and (b) either: (i) a child of the person’s spouse or de facto partner under that section; or (ii) a biological child of the person’s spouse or de facto partner.
Child must be identified as child of person and spouse or de facto partner.
8(2) Children born as a result of artificial conception procedures or
9 Confinement in prison or psychiatric institution
Person confined to prison is considered confined for the entire period of their sentence, including periods spent as an escapee or undergoing periodic detention.
9(1) Confinement in prison or psychiatric institution
The period of confinement includes these periods.
Includes periods of escape and periodic detention in prison
(a) during which the person is an escapee from the prison; or (b) during which the person is undergoing a sentence of periodic detention in the prison.
Exclusion of quashed conviction from prison confinement period
9(2) Confinement in prison or psychiatric institution
The quashed conviction and the prison confinement periods overlap
Temporal overlap between quashed conviction and prison confinement periods
(2) For the purposes of this Act, the period during which a person is confined to a prison does not include a period during which the person has been so confined by reason only of the person serving a sentence relating to a conviction that is later quashed.
The exclusion principle is recognized in the legal context
Recognition of exclusion principle in legal context
The period of confinement in prison or psychiatric institution does not include a period during which the person has been so confined by reason only of the person serving a sentence relating to a conviction that is later quashed.
Exclude quashed convictions from prison confinement periods
The exclusion principle diffuses to related convictions
Diffusion of exclusion principle to related convictions
The quashed conviction occurs until the prison confinement period
Temporal relationship between quashed conviction and prison confinement periods
Institutional confinement includes time spent as an escapee.
9(3) Confinement in prison or psychiatric institution
The period during which a person is confined in a psychiatric institution by order of a court overlaps with the period during which the person is an escapee from the institution.
Temporal relation between institutional confinement and being an escapee
(3) For the purposes of this Act, the period during which a person is confined in a psychiatric institution by order of a court includes a period during which the person is an escapee from the institution.
The period during which a person is confined in a psychiatric institution by order of a court includes a period during which the person is an escapee from the institution.
The period during which a person is confined in a psychiatric institution by order of a court spreads to include the period during which the person is an escapee from the institution.
The period during which a person is confined in a psychiatric institution by order of a court is a subset of the period during which the person is an escapee from the institution.
Australian Citizenship Act 2007