Australian Citizenship Act 2007
No. 20, 2007
Compilation No. 37
Compilation date: 4 June 2026
Includes amendments: Act No. 75, 2025
About this compilation
This compilation
This is a compilation of the Australian Citizenship Act 2007 that shows the text of the law as amended and in force on 4 June 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
2A Simplified outline
3 Definitions
4 Australian citizen
5 Permanent resident
6 Responsible parent
6A National security offences
7 Children born on ships or aircraft or after death of parent
8 Children born as a result of artificial conception procedures or surrogacy arrangements
9 Confinement in prison or psychiatric institution
10 Personal identifiers
10A References to photograph or other image of person’s face
10B Providing photographs and other images of faces to the Minister or authorised persons
11 Operation of Act
Part 2—Australian citizenship
Division 1—Automatic acquisition of Australian citizenship
11A Simplified outline
12 Citizenship by birth
13 Citizenship by adoption
14 Citizenship for abandoned children
15 Citizenship by incorporation of Territory
Division 2—Acquisition of Australian citizenship by application
Subdivision A—Citizenship by descent
15A Simplified outline
16 Application and eligibility for citizenship
17 Minister’s decision
18 Registration
19 Day citizenship begins
19A When a person does not become a citizen despite the Minister’s approval
Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement
19B Simplified outline
19C Application and eligibility for citizenship
19D
Overview
The Australian Citizenship Act 2007 was enacted to comprehensively revise and update the legal framework governing Australian citizenship, addressing various gaps and issues in the previous legislation, the Australian Citizenship Act 1948. The Act was introduced by the Parliament of Australia and is designed to reflect contemporary values and requirements of Australian citizenship. It establishes clear criteria and processes for the acquisition and loss of citizenship, including the introduction of a citizenship test and provisions for the revocation of citizenship in cases of serious criminal conduct. The Act also outlines the responsibilities and obligations of Australian citizens, emphasising the importance of loyalty to Australia and adherence to its laws and democratic principles. By replacing the outdated 1948 Act, the 2007 Act aims to ensure that the citizenship process is fair, efficient, and aligned with modern national security and social considerations.
Scope and Application
The Australian Citizenship Act 2007 (Act) outlines the processes and criteria for acquiring, resuming, and ceasing Australian citizenship. The Act applies to all individuals and entities involved in the administration of citizenship, including applicants, the Minister for Home Affairs, and other relevant authorities. It extends to acts, omissions, matters, and things both within and outside Australia, and applies to all persons irrespective of their nationality or citizenship status. The Act also aims to exclude any conflicting State or Territory laws pertaining to Australian citizenship. Automatic acquisition of citizenship is addressed under Part 2, Division 1, and occurs when a person is born in Australia to a parent who is an Australian citizen or permanent resident. Other scenarios include citizenship by adoption, for abandoned children found in Australia, and by incorporation of territories. Acquisition by application is detailed in Division 2, which covers citizenship by descent, conferral, and resumption of citizenship. The Act further specifies conditions for ceasing citizenship, including renunciation, revocation by the Minister, and cessation orders by courts. Certain offences, especially those involving national security, may lead to the cessation of citizenship. The Act also provides for the evidence of Australian citizenship and the handling of personal identifiers, with strict penalties for unauthorised access, disclosure, modification, impairment, or destruction of such identifiers. Additionally, the Act criminalises the provision of bogus documents to authorities and mandates the Minister to report to Parliament on applications related to serious criminal convictions. Subordinate legislation and regulations may extend or modify the Act's provisions, but the primary legislation itself does not incorporate these changes. The Act’s application can be affected by various legislative amendments, which are detailed in the legislation and amendment histories.
Key Provisions
- The Australian Citizenship Act 2007 outlines the ways in which a person may acquire or lose Australian citizenship. Section 12 provides that a person born in Australia is an Australian citizen if one or both parents are Australian citizens or permanent residents at the time of birth. Section 13 allows for citizenship by adoption if the adoptee is brought to Australia and adopted by an Australian citizen or jointly by one Australian citizen and another individual. Section 14 grants citizenship to children found abandoned in Australia unless the contrary is proved. Section 15 allows for citizenship by incorporation of Territory if a territory becomes part of Australia and the Minister specifies classes of persons to be granted citizenship. Citizenship may also be acquired by application through various means, including citizenship by descent (section 16), citizenship for persons adopted in accordance with the Hague Convention or a bilateral arrangement (section 19C), citizenship by conferral (section 21), and resuming citizenship (section 29). Each of these sections outlines the eligibility criteria and application process.
- The Act imposes several obligations on applicants and the Minister. For instance, section 17 requires the Minister to approve or refuse an application for citizenship by writing, while section 24 mandates that the Minister must not approve the application unless certain eligibility criteria are satisfied. Section 26 requires applicants for citizenship by conferral to make a pledge of commitment unless exempted. Section 33 allows for the renunciation of citizenship by application, subject to the Minister's approval. The Minister is also required to give notice of decisions made under the Act (section 47) and may delegate certain functions and powers (section 53).
- The Act stipulates various penalties and consequences for breaches. For example, section 43 imposes a penalty of imprisonment for 2 years, or 120 penalty units, or both, for unauthorised access to identifying information. Section 44 imposes the same penalty for the unauthorised modification or impairment of identifying information. Section 37 allows the Minister to provide evidence of Australian citizenship, and section 38 allows the Minister to request the surrender of physical evidentiary notices, with failure to comply being an offence punishable by 10 penalty units (section 39). Section 45A prohibits the giving of bogus documents to officials and mandates the forfeiture of such documents to the Commonwealth. Section 50 imposes a penalty of imprisonment for 12 months for making false statements or representations for a purpose related to the Act. Section 51 extends the geographical jurisdiction of offences under the Act, while section 52 requires the Minister to report to Parliament on applications related to serious offences. Section 52 also allows for the review of certain decisions by the Administrative Review Tribunal.
- Area of Law
- Immigration & Refugee Law
- Criminal Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- National Security Provisions
- Identity Provisions
- Citizenship Cessation
- Ministerial Discretion
- Pledge of Commitment
