EXPLANATORY STATEMENT

Australian Citizenship Act 2007

PERSONS WHO MAY RECEIVE PLEDGE OF COMMITMENT

 (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 purpose of the Instrument is to authorise a certain class of persons before whom the pledge of commitment must be made.

4.                  The Instrument operates to allow authorised persons to receive the pledge of commitment. The Act, at section 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.

6. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary. The instrument replaces existing authorisations made by a previous Minister for Immigration and Citizenship under subparagraph 15(2)(a)(iv) of the Australian Citizenship Act 1948. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

7. The Instrument, IMMI 07/040, commences on 1 July 2007.