EXPLANATORY STATEMENT
Australian Citizenship Act 2007
INSTRUMENT OF AUTHORISATION
(SUBSECTION 27(5))
- 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 authorisation for an administrator of a council in cases where a council has been placed under administration. This new class has been included for councils in Victoria and Western Australia.
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. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements except to authorise further classes of persons. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not required.
6. The Instrument, IMMI 09/134, commences on the day after registration on the Federal Register of Legislative Instruments.