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