EXPLANATORY STATEMENT

Australian Citizenship Act 2007

INSTRUMENT OF AUTHORISATION

(SUBSECTION 27(5))

1. This Instrument is made under subsection 27(5) of the Australian Citizenship Act 2007 (‘the Act’).

2.                  Subsection 27(5) of the Act provides that the Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph 27(3)(c). Paragraph 27(3)(c) provides that a pledge of commitment must be made before a person who is included in a class of persons authorised under subsection (5).

3.                   The Instrument has been updated to include

(a)   authorisation for the Deputy Mayor of Casey City Council.  Casey City Council is one of the largest municipalities in Victoria and authorisation of the Deputy Mayor is consistent with similar sized councils in other states.  Authorisation of the Deputy Mayor enables Casey City Council to conduct their anticipated number of citizenship ceremonies whilst maintaining a manageable level of authorised positions;

(b)   authorisation for General Managers of Victorian Municipal Councils.  The instrument currently lists the position of Chief Executive Officer, however, Victorian councils have advised that the position of General Manager is also widely used throughout Victoria; and

(c)   authorisation for Councillors within the Torres Strait Island Regional Council.  The Torres Strait Island Regional Council covers a large geographical area covering numerous islands.  Authorising all Councillors within this Council to conduct citizenship ceremonies enables each island to have an authorised person.

4.                  The Instrument operates to allow authorised persons to receive the pledge of commitment. The Act, at subsection 26(1) requires that a person must make a pledge of commitment to become an Australian citizen unless they meet the requirements set out in paragraphs 26(1)(a) or (b) or (c). A person required to make a pledge of commitment becomes an Australian citizen on the day on which the pledge of commitment is made.

5.                   Pursuant to section 18 of the Legislative Instruments Act 2003 consultations took place with the following organisations:

(a)   Local Government Association of NSW and Shires Association of NSW

(b)   Local Government Association of South Australia

(c)   Municipal Association of Victoria

(d)   Local Government Association of Tasmania

(e)   Local Government Association of the Northern Territory

(f)    Local Government Association of Queensland

(g)   The Western Australian Local Government Association

(h)   Moreton Bay and Regional Council

(i)     Sunshine Coast Regional Council

(j)     Swan Hill Rural City Council

(k)   Shire of Coorow

(l)     Torres Strait Island Regional Council.

The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements except to authorise further classes of persons.

6. The Instrument, IMMI 08/108, commences on 15 February 2009.

7. This Instrument, which was signed by the Minister on 23 January 2009, requires retrospective commencement to permit the proper authorisation of people before whom a pledge of commitment has been made at ceremonies performed on or after 15 February 2009. The commencement of this instrument, effective from 15 February 2009 would not be contrary to subsection 12(2) of the Legislative Instruments Act 2003 as the change would not result in the rights of a person as at the date of registration being affected so as to disadvantage that person; or in liabilities being imposed on a person in respect of anything done or omitted to be done before the date of commencement.