Australian Citizenship Amendment Regulations 2007 (No. 1) (Cth)
Australian Citizenship Amendment Regulations 2007 (No. 1)1
Select Legislative Instrument 2007 No. 313
I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Citizenship Act 2007.
Dated 26 September 2007
P. M. JEFFERY
Governor‑General
By His Excellency’s Command
KEVIN ANDREWS
Minister for Immigration and Citizenship
-
Name of Regulations
These Regulations are the Australian Citizenship Amendment Regulations 2007 (No. 1).
-
Commencement
These Regulations commence on 1 October 2007.
-
Amendment of Australian Citizenship Regulations 2007
Schedule 1 amends the Australian Citizenship Regulations 2007.
Schedule 1 Amendments
(regulation 3)
[1] After subregulation 13 (3)
insert
(4)If a person:
(a)made an application under section 21 of the Act; and
(b)claimed eligibility in that application on the basis of the criteria in subsection 21 (2) of the Act; and
(c)paid the fee specified in item 14 or 15A of Schedule 3; and
(d)does not satisfy the criteria in subsection 21 (2) of the Act because he or she did not sit a test as described in paragraph 21 (2A) (a) of the Act;
the Minister may refund $20 of the fee (which is the component of the fee that relates to the sitting of a test of that kind).
(5)If a person:
(a)made an application under section 21 of the Act; and
(b)claimed eligibility in that application on the basis of the criteria in subsection 21 (2) of the Act; and
(c)paid the fee specified in item 14A or 15B of Schedule 3; and
(d)does not satisfy the criteria in subsection 21 (2) of the Act because he or she did not sit a test as described in paragraph 21 (2A) (a) of the Act;
the Minister may refund $120 of the fee (which is the component of the fee that relates to the sitting of a test of that kind).
[2] Schedule 3, item 7
substitute
| 7 |
An application (the new application) under section 21 of the Act if: (a) the applicant claims eligibility on the basis of the criteria in subsection 21 (3) or (4) of the Act; and (b) the applicant previously made an application (the old application) under: (i) subsection 13 (1) of the Australian Citizenship Act 1948; or (ii) section 21 of the Act; and |
Nil |
|
(c) after considering the old application, the Minister refused to approve the person becoming an Australian citizen only because the Minister was not satisfied that the applicant met the residence requirement set out in: (i) paragraphs 13 (1) (d) and (e) of the Australian Citizenship Act 1948; or (ii) subsection 22 (1) of the Act; or (iii) subsection 22 (1) of the Act applied by item 5B or subitem 7 (8) of Schedule 3 to the Australian Citizenship (Transitionals and Consequentials) Act 2007; and |
||
| (d) the applicant made the new application within 3 months after first becoming able to meet the residence requirement | ||
| 7A |
An application (the new application) under section 21 of the Act if: (a) the applicant claims eligibility on the basis of the criteria in subsection 21 (2) of the Act; and (b) the applicant previously made an application (the old application) on or after 1 October 2007; and (c) under the old application, the applicant claimed eligibility on the basis of the criteria in subsection 21(2) of the Act; and |
Nil |
|
(d) after considering the old application, the Minister refused to approve the person becoming an Australian citizen only because the Minister was not satisfied that the applicant met the residence requirement set out in: (i) subsection 22 (1) of the Act; or (ii) subsection 22 (1) of the Act applied by item 5B of Schedule 3 to the Australian Citizenship (Transitionals and Consequentials) Act 2007; and (e) the applicant made the new application within 3 months after first becoming able to meet the residence requirement |
[3] Schedule 3, items 9 to 15
substitute
| 9 |
An application under section 21 of the Act if the applicant: (a) holds a pensioner concession card or health care card, endorsed by Centrelink with 1 of the following codes: AGE; AGE BLIND; CAR; DSP; DSP BLIND; MAA; NSA; PPP; PTA; SAL; SPL; WDA; WFA; WFD; WFW; and (b) does not claim eligibility on the basis of the criteria in subsection 21 (2) of the Act |
$20 |
| 10 |
An application under section 21 of the Act if the applicant: (a) holds a pensioner concession card, endorsed by Centrelink, with the code PPS; and (b) produces evidence that the applicant is over 60 years of age; and (c) has been in receipt of PPS for at least 9 months; and (d) does not claim eligibility on the basis of the criteria in subsection 21 (2) of the Act |
$20 |
| 11 |
An application under section 21 of the Act if the applicant: (a) holds a health care card, endorsed by Centrelink with the code PA; and |
$20 |
|
(b) produces evidence that the applicant is: (i) the partner of a holder of a pensioner concession card, endorsed by Centrelink with 1 of the following codes: AGE; AGE BLIND; CAR; DSP; DSP BLIND; MAA; WFA; WFD; WFW; or |
||
|
(ii) the partner of a holder of a health care card, endorsed by Centrelink with the code SL and who has received the SL benefit for at least 46 of the previous 52 weeks; and (c) does not claim eligibility on the basis of the criteria in subsection 21 (2) of the Act |
||
| 12 |
An application under section 21 of the Act if the applicant: (a) holds a health care card, endorsed by Centrelink with the code SL; and (b) produces evidence that the applicant has received the SL benefit for at least 46 of the previous 52 weeks; and (c) does not claim eligibility on the basis of the criteria in subsection 21 (2) of the Act |
$20 |
| 13 |
An application under section 21 of the Act if the applicant: (a) holds a pensioner concession card, endorsed by the Department of Veterans’ Affairs, for an Age Service, Invalidity Service or Partner Service pension or an Income Support Supplement; and (b) does not claim eligibility on the basis of the criteria in subsection 21 (2) of the Act |
$20 |
| 14 |
An application under section 21 of the Act if: (a) the applicant claims eligibility on the basis of the criteria in subsection 21 (2) of the Act; and (b) any of the following provisions applies to the applicant: (i) paragraph (a) of item 9; or (ii) paragraphs (a), (b) and (c) of item 10; or (iii) paragraphs (a) and (b) of item 11; or (iv) paragraphs (a) and (b) of item 12; or (v) paragraph (a) of item 13 |
$40 |
| 14A | An application under section 21 of the Act, other than an application mentioned in items 5 to 14 or items 14B to 15B, if the applicant claims eligibility on the basis of the criteria in subsection 21 (2) of the Act | $240 |
| 14B | An application under section 21 of the Act by a child, under the age of 16, who applies for citizenship at the same time, and on the same form, as a responsible parent | Nil |
| 15 | An application under section 21of the Act, other than an application mentioned in items 5 to 14B or item 15A or 15B | $120 |
| 15A |
An application under section 21 of the Act (the new application) made on or after 1 October 2007 if: (a) the applicant claims eligibility on the basis of the criteria in subsection 21 (2) of the Act; and (b) the applicant made a previous application (the old application) before 1 October 2007; and (c) either: (i) the old application was accompanied by the fee of $20; or (ii) the old application was accompanied by the fee of $120, and subparagraph (b) (i), (ii), (iii) or (iv) of item 14 applies to the applicant in relation to the new application; and |
$20 |
|
(d) after considering the old application, the Minister refused to approve the person becoming an Australian citizen only because the Minister was not satisfied that the applicant met the residence requirement set out in: (i) paragraph 13 (1) (d) or (e) of the Australian Citizenship Act 1948; or (ii) subsection 22 (1) of the Act; or (iii) subsection 22 (1) of the Act applied by item 5B or subitem 7 (8) of Schedule 3 to the Australian Citizenship (Transitionals and Consequentials) Act 2007; and (e) the new application was made within 3 months after the applicant became able to meet the residence requirement |
||
| 15B |
An application under section 21 of the Act (the new application), made on or after 1 October 2007 if: (a) the applicant claims eligibility on the basis of the criteria in subsection 21 (2) of the Act; and (b) the applicant made a previous application (the old application) before 1 October 2007; and (c) either: (i) the old application was accompanied by the fee of $120; or (ii) the old application was accompanied by the fee of $20, and none of subparagraphs (b) (i), (ii), (iii) and (iv) of item 14 applies to the applicant in relation to the new application; and |
$120 |
|
(d) after considering the old application, the Minister refused to approve the person becoming an Australian citizen only because the Minister was not satisfied that the applicant met the residence requirement set out in: (i) paragraph 13 (1) (d) or (e) of the Australian Citizenship Act 1948; or (ii) subsection 22 (1) of the Act; or (iii) subsection 22 (1) of the Act applied by item 5B or subitem 7 (8) of Schedule 3 to the Australian Citizenship (Transitionals and Consequentials) Act 2007; and (e) the new application was made within 3 months after the applicant became able to satisfy the residence requirement |
Note
-
All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
0
0
0