AUSTRALIAN CITIZENSHIP AMENDMENT (DEFENCE FAMILIES) BILL 2012

i Australian Citizenship Amendment (Defence Families) Bill 2012 No. , 2012

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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Schedule 1--Amendments

Australian Citizenship Act 2007

Australian Citizenship Amendment (Defence Families) Bill 2012 No. , 2012 1

A Bill for an Act to amend the Australian

Citizenship Act 2007, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Australian Citizenship Amendment

(Defence Families) Act 2012.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Australian Citizenship Amendment (Defence Families) Bill 2012 No. , 2012

Commencement information

Column 1

Column 2

Column 3

Provision(s) Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

A single day to be fixed by Proclamation.

However, if the provision(s) do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amendments Schedule 1

Australian Citizenship Amendment (Defence Families) Bill 2012 No. , 2012 3

Schedule 1--Amendments

Australian Citizenship Act 2007

1 Paragraphs 21(2)(c), (3)(c) and (4)(d)

Omit "has completed relevant defence service", substitute "satisfies the

defence service requirement".

2 Section 23

Repeal the section, substitute:

23 Defence service requirement

Person who has completed relevant defence service

(1) For the purposes of section 21, a person satisfies the defence

service requirement if the person has completed relevant defence

service.

Member of family unit of person who has completed relevant

defence service etc.

(2)

If:

(a) a person (the defence person) was granted, on or after 1 July

2007, a visa prescribed by the regulations; and

(b) the defence person has completed relevant defence service;

and

of the defence person when the defence person was granted

the visa; and

(d) the relative holds a visa of that kind because the relative is a

member of the family unit of the defence person;

the relative satisfies the defence service requirement for the

purposes of section 21.

(3)

If:

(a) a person (the defence person) was granted, on or after 1 July

2007, a visa prescribed by the regulations; and

(b) the defence person dies while undertaking service in the

Permanent Forces or the Reserves; and

Schedule 1 Amendments

4 Australian Citizenship Amendment (Defence Families) Bill 2012 No. , 2012

of the defence person when the defence person was granted

the visa; and

(d) immediately before the death of the defence person, the

relative held a visa of that kind because the relative was a

member of the family unit of the defence person;

the relative satisfies the defence service requirement for the

purposes of section 21.

Definitions

(4) In this section:

member of the family unit of a person has the same meaning as in

the Migration Act 1958.

Permanent Forces means the Permanent Navy, the Regular Army

or the Permanent Air Force.

relevant defence service: a person has completed relevant defence

service if:

(a) the person has undertaken a total of at least 90 days service in

one or more of the Permanent Forces (whether or not that

service was continuous); or

(b) the person has undertaken a total of at least 90 days service

on which he or she was required for, and attended and was

entitled to be paid for, duty in one or more of the Reserves

(whether or not that service was continuous); or

(c)

the

person:

(i) was discharged from service undertaken in one of the

Permanent Forces or the Reserves as medically unfit for

that service; and

(ii) became so unfit because of service undertaken in any of

the Permanent Forces or the Reserves.

Reserves means the Naval Reserve, the Army Reserve or the Air

Force Reserve.

service: a person undertakes service in the Permanent Forces or the

Reserves only if the person is appointed, enlisted or transferred

into any of the Permanent Forces or the Reserves.

Amendments Schedule 1

Australian Citizenship Amendment (Defence Families) Bill 2012 No. , 2012 5

Note:

For appointment, enlistment or transfer into any of the Permanent

Forces or the Reserves, see the Naval Defence Act 1910, the Defence

Act 1903 and the Air Force Act 1923.

3 Application

The amendments made by this Schedule apply in relation to the making

of a decision under section 24 of the Australian Citizenship Act 2007

after the commencement of this item, whether the application to which

the decision relates was made before or after that commencement.

Commonwealth of Australia Bills

AUSTRALIAN CITIZENSHIP AMENDMENT (DEFENCE FAMILIES) BILL 2012