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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Citizenship Amendment
(Special Residence Requirements) Bill
2013
No. , 2013
(Immigration and Citizenship)
A Bill for an Act to amend the Australian
Citizenship Act 2007, and for related purposes
i Australian Citizenship Amendment (Special Residence Requirements) Bill 2013 No. ,
2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Australian Citizenship Act 2007
3
Australian Citizenship Amendment (Special Residence Requirements) Bill 2013 No. , 2013
1
A Bill for an Act to amend the Australian
1
Citizenship Act 2007, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Australian Citizenship Amendment
5
(Special Residence Requirements) Act 2013.
6
2 Commencement
7
This Act commences on the day after this Act receives the Royal
8
Assent.
9
2 Australian Citizenship Amendment (Special Residence Requirements) Bill 2013 No.
, 2013
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Amendments Schedule 1
Australian Citizenship Amendment (Special Residence Requirements) Bill 2013 No. , 2013
3
Schedule 1
--
Amendments
1
2
Australian Citizenship Act 2007
3
1 After subsection 22A(1)
4
Insert:
5
Ministerial discretion--alternative residence requirements
6
(1A) The Minister may, by writing, determine that paragraphs (1)(d) to
7
(g) do not apply in relation to the applicant if:
8
(a) the Minister is satisfied that paragraphs (1)(a), (b) and (c)
9
apply in relation to the applicant; and
10
(b) the Minister is satisfied that the applicant satisfies:
11
(i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or
12
(ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or
13
(iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and
14
(c) the applicant was a permanent resident throughout the period
15
of 90 days immediately before the day the applicant made the
16
application; and
17
(d) the applicant was not present in Australia as an unlawful
18
non-citizen at any time during the period of 180 days
19
immediately before the day the applicant made the
20
application; and
21
(e) the applicant has given the Minister an undertaking, in a form
22
approved by the Minister under subsection (8), that, if the
23
applicant becomes an Australian citizen in circumstances
24
where the Minister exercises the power under this subsection:
25
(i) the applicant will be ordinarily resident in Australia
26
throughout the period of 2 years beginning on the day
27
the applicant becomes an Australian citizen; and
28
(ii) the applicant will be present in Australia for a total of at
29
least 180 days during that 2-year period; and
30
(f) the applicant has declared, in the undertaking, that the
31
applicant understands the effect of section 34A.
32
Note:
See also subsections (6) to (11).
33
Schedule 1 Amendments
4 Australian Citizenship Amendment (Special Residence Requirements) Bill 2013 No.
, 2013
(1B) If the Minister exercises the power under subsection (1A) in
1
relation to the applicant, then, for the purposes of section 21, the
2
applicant is taken to satisfy the special residence requirement.
3
2 Subsection 22A(4)
4
After "paragraph (1)(f)", insert "or (1A)(c)".
5
3 Subsection 22A(5)
6
After "paragraph (1)(g)", insert "or (1A)(d)".
7
4 At the end of section 22A
8
Add:
9
Rules relating to power under subsection (1A)
10
(6) The power under subsection (1A) may only be exercised by the
11
Minister personally.
12
(7) The Minister does not have a duty to consider whether to exercise
13
the power under subsection (1A), whether he or she is requested to
14
do so by the applicant or by any other person, or in any other
15
circumstances.
16
(8) The Minister may, by writing, approve a form for the purposes of
17
paragraph (1A)(e).
18
(9) If the applicant becomes an Australian citizen in circumstances
19
where the Minister exercised the power under subsection (1A), the
20
Minister must cause to be tabled in each House of the Parliament,
21
within 15 sitting days of that House after the day the applicant
22
becomes an Australian citizen, a statement that:
23
(a) states that the Minister has exercised the power under
24
subsection (1A); and
25
(b) states the activity covered by paragraph (1)(a); and
26
(c) sets out the reasons for the Minister's exercise of that power,
27
including why the Minister considers that engagement in that
28
activity would be of benefit to Australia.
29
(10) However, a statement under subsection (9) is not to include the
30
name of the applicant.
31
Amendments Schedule 1
Australian Citizenship Amendment (Special Residence Requirements) Bill 2013 No. , 2013
5
(11) A determination under subsection (1A) is not a legislative
1
instrument.
2
5 After subsection 22B(1)
3
Insert:
4
Ministerial discretion--alternative residence requirements
5
(1A) The Minister may, by writing, determine that paragraphs (1)(c) to
6
(g) do not apply in relation to the person if:
7
(a) the Minister is satisfied that paragraphs (1)(a) and (b) apply
8
in relation to the person; and
9
(b) the Minister is satisfied that the person's engagement in the
10
kind of work concerned is of benefit to Australia; and
11
(c) the Minister is satisfied that the person satisfies:
12
(i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or
13
(ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or
14
(iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and
15
(d) the person was present in Australia for a total of at least 180
16
days during the period of 2 years immediately before the day
17
the person made the application; and
18
(e) the person was a permanent resident throughout the period of
19
90 days immediately before the day the person made the
20
application; and
21
(f) the person was not present in Australia as an unlawful
22
non-citizen at any time during the period of 180 days
23
immediately before the day the person made the application;
24
and
25
(g) the person has given the Minister an undertaking, in a form
26
approved by the Minister under subsection (8), that, if the
27
person becomes an Australian citizen in circumstances where
28
the Minister exercises the power under this subsection:
29
(i) the person will be ordinarily resident in Australia
30
throughout the period of 2 years beginning on the day
31
the person becomes an Australian citizen; and
32
(ii) the person will be present in Australia for a total of at
33
least 180 days during that 2-year period; and
34
(h) the person has declared, in the undertaking, that the person
35
understands the effect of section 34A.
36
Schedule 1 Amendments
6 Australian Citizenship Amendment (Special Residence Requirements) Bill 2013 No.
, 2013
Note:
See also subsections (6) to (11).
1
(1B) If the Minister exercises the power under subsection (1A) in
2
relation to the person, then, for the purposes of section 21, the
3
person is taken to satisfy the special residence requirement.
4
6 Subsection 22B(2)
5
Repeal the subsection, substitute:
6
Confinement in prison or psychiatric institution
7
(2) Subject to subsection (3), the person is taken not to satisfy:
8
(a) paragraph (1)(c) if, at any time during the 4-year period
9
mentioned in that paragraph; or
10
(b) paragraph (1A)(d) if, at any time during the 2-year period
11
mentioned in that paragraph;
12
the person was:
13
(c) confined in a prison; or
14
(d) confined in a psychiatric institution by order of a court made
15
in connection with proceedings for an offence against an
16
Australian law in relation to the person.
17
7 Subsection 22B(4)
18
After "paragraph (1)(f)", insert "or (1A)(e)".
19
8 Subsection 22B(5)
20
After "paragraph (1)(g)", insert "or (1A)(f)".
21
9 At the end of section 22B
22
Add:
23
Rules relating to power under subsection (1A)
24
(6) The power under subsection (1A) may only be exercised by the
25
Minister personally.
26
(7) The Minister does not have a duty to consider whether to exercise
27
the power under subsection (1A), whether he or she is requested to
28
do so by the person or by any other person, or in any other
29
circumstances.
30
Amendments Schedule 1
Australian Citizenship Amendment (Special Residence Requirements) Bill 2013 No. , 2013
7
(8) The Minister may, by writing, approve a form for the purposes of
1
paragraph (1A)(g).
2
(9) If the person becomes an Australian citizen in circumstances where
3
the Minister exercised the power under subsection (1A), the
4
Minister must cause to be tabled in each House of the Parliament,
5
within 15 sitting days of that House after the day the person
6
becomes an Australian citizen, a statement that:
7
(a) states that the Minister has exercised the power under
8
subsection (1A); and
9
(b) states the kind of work covered by paragraph (1)(a); and
10
(c) sets out the reasons for the Minister's exercise of that power,
11
including why the Minister considers that engagement in that
12
kind of work is of benefit to Australia.
13
(10) However, a statement under subsection (9) is not to include the
14
name of the person.
15
(11) A determination under subsection (1A) is not a legislative
16
instrument.
17
10 After subsection 24(2)
18
Insert:
19
(2A) If the Minister exercised the power under subsection 22A(1A) or
20
22B(1A) in relation to the person, the decision under subsection (1)
21
of this section must be made by the Minister personally.
22
11 Subsection 29(2) (note 2)
23
After "34", insert ", 34A".
24
12 Section 32A
25
Omit "4 ways", substitute "5 ways".
26
13 Section 32A
27
Omit:
28
•
if you did not automatically become an Australian citizen, the
29
Minister can revoke your citizenship: see section 34; or
30
substitute:
31
Schedule 1 Amendments
8 Australian Citizenship Amendment (Special Residence Requirements) Bill 2013 No.
, 2013
•
if you did not automatically become an Australian citizen, the
1
Minister can revoke your citizenship in circumstances
2
involving offences or fraud: see section 34; or
3
•
if you did not automatically become an Australian citizen and
4
the Minister exercised the power under subsection 22A(1A) or
5
22B(1A), the Minister can revoke your citizenship in
6
circumstances involving a failure to comply with special
7
residence requirements: see section 34A; or
8
14 Section 34 (heading)
9
Repeal the heading, substitute:
10
34 Revocation by Minister--offences or fraud
11
15 After section 34
12
Insert:
13
34A Revocation by Minister--special residence requirements
14
(1) The Minister may, by writing, revoke a person's Australian
15
citizenship if:
16
(a) the person is an Australian citizen under Subdivision B of
17
Division 2; and
18
(b) the person became an Australian citizen in circumstances
19
where the Minister exercised the power under
20
subsection 22A(1A) or 22B(1A); and
21
(c) the Minister is satisfied that:
22
(i) the person will not be, or was not, ordinarily resident in
23
Australia throughout the period of 2 years beginning on
24
the day the person became an Australian citizen; or
25
(ii) the person will not be, or was not, present in Australia
26
for a total of at least 180 days during that 2-year period.
27
(2) However, the Minister must not decide under subsection (1) to
28
revoke a person's Australian citizenship if the Minister is satisfied
29
that the person would, if the Minister were to revoke the person's
30
Australian citizenship, become a person who is not a national or
31
citizen of any country.
32
Amendments Schedule 1
Australian Citizenship Amendment (Special Residence Requirements) Bill 2013 No. , 2013
9
(3) The power under subsection (1) may only be exercised by the
1
Minister personally.
2
Time citizenship ceases
3
(4) If the Minister revokes a person's Australian citizenship, the
4
person ceases to be an Australian citizen at the time of the
5
revocation.
6
Note:
A child of the person may also cease to be an Australian citizen: see
7
section 36.
8
16 Paragraph 36(1)(a)
9
After "34", insert ", 34A".
10
17 Paragraph 38(1)(a)
11
After "34", insert "or 34A".
12
18 At the end of section 52
13
Add:
14
(3) For the purposes of the Administrative Appeals Tribunal reviewing
15
a decision of a kind referred to in paragraph (1)(b):
16
(a) the Tribunal must not exercise the power under
17
subsection 22A(1A) or 22B(1A); and
18
(b) the Tribunal must not review any exercise of the power or
19
any failure to exercise the power.
20
19 Application provision
21
The amendments made by items 1 to 10 apply in relation to:
22
(a) applications made under section 21 of the Australian
23
Citizenship Act 2007 on or after the commencement of those
24
items; and
25
(b) applications made under that section before that
26
commencement and not decided by the Minister before that
27
commencement.
28
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