Commonwealth of Australia Explanatory Memoranda

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AUSTRALIAN CITIZENSHIP AMENDMENT (CITIZENSHIP TESTING) BILL 2007

                            2004 - 2005 - 2006 - 2007




     THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA


                                     SENATE




AUSTRALIAN CITIZENSHIP AMENDMENT (CITIZENSHIP TESTING) BILL 2007




           SUPPLEMENTARY EXPLANATORY MEMORANDUM




              Amendments to be Moved on Behalf of the Government




      (Circulated by authority of the Minister for Immigration and Citizenship,
                    the Honourable Kevin Andrews MP)
AMENDMENTS TO THE AUSTRALIAN CITIZENSHIP AMENDMENT
(CITIZENSHIP TESTING) BILL 2007


OUTLINE

The amendments to the Australian Citizenship Amendment (Citizenship Testing) Bill 2007
(`the bill') will insert:

   ·   a note after new subsection 23A(1) to make it clear that a test must relate to the
       eligibility criteria in new paragraphs 21(2)(d), (e) and (f) of the bill; and
   ·   a note after new subsection 23A(3) to make it clear that eligibility criteria for sitting a
       test cannot be inconsistent with the Act and in particular subsection 21(2).

The first note is in response to the Senate Standing Committee on Legal and Constitutional
Affairs' concern that new subsection 23A(1) is ambiguous and that an amendment was
needed to clarify that a citizenship test would only relate to the eligibility criteria in new
paragraphs 21(2)(d), (e) and (f) of the bill.

The second note responds to concerns that the determination making power in new section
23A of the bill is too broad and would allow the Minister to set eligibility criteria for sitting a
test that are inconsistent with the Act and, in particular, inconsistent with the general
eligibility criteria for citizenship in new subsection 21(2) of the bill.


FINANCIAL IMPACT STATEMENT

The proposed amendments will not have a financial impact.
AMENDMENTS TO THE AUSTRALIAN CITIZENSHIP AMENDMENT
(CITIZENSHIP TESTING) BILL 2007


NOTES ON AMENDMENTS

Amendment (1) - Nature of citizenship test

This amendment inserts a note at the end of new subsection 23A(1) in item 5 of Schedule 1 to
the bill. New subsection 23A(1) provides that the Minister must, by written determination,
approve a test for the purposes of new subsection 21(2A). New subsection 21(2A) provides
that general eligibility criteria in new paragraphs 21(2)(d), (e) and (f) are taken to be satisfied
if and only if the Minister is satisfied the person has, before making an application to become
an Australian citizen, sat a test approved in a determination under section 23A and
successfully completed that test.

This amendment has been made in response to the concern expressed by the Senate Standing
Committee on Legal and Constitutional Affairs, in its report of 31 July 2007 (at paragraph
4.80), that new subsection 23A(1) appeared ambiguous, and that it would be appropriate for
the bill to be amended to clarify this ambiguity.

New paragraphs 21(2)(d), (e) and (f) require that applicants understand the nature of their
application to become an Australian citizen, possess a basic knowledge of the English
language, and have an adequate knowledge of Australia and of the responsibilities and
privileges of Australian citizenship.

The proposed note makes clear that a test approved by the Minister under subsection 23A(1)
must relate to the eligibility criteria referred to in new paragraphs 21(2)(d), (e) and (f).

Amendment (2) - Eligibility criteria for sitting the citizenship test

This amendment inserts a note at the end of new subsection 23A(3) in item 5 of Schedule 1 to
the bill. New subsection 23A(3) provides that a written determination under new subsection
23A(1) may set out the eligibility criteria a person must satisfy to be able to sit a citizenship
test.

The proposed note makes clear that the eligibility criteria for sitting the test cannot be
inconsistent with the Act and, in particular, the general eligibility criteria for citizenship
contained in new subsection 21(2) of the bill.