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 the deputy Mayors of Moreton Bay and Sunshine Coast Regional Councils in Queensland. The need for an extra authorised position in these councils is due to the recent amalgamation of councils in that State.
- reflect the amalgamation of councils in the Northern Territory taking effect from1 July 2008;
- include authorisation for departmental senior executive service positions overseas; and
- remove obsolete council positions.
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 17 of the Legislative Instruments Act 2003 consultations took place with the following organisations:
- Local Government Association of NSW and Shires Association of NSW
- Local Government Association of South Australia
- Municipal Association of Victoria
- Local Government Association of Tasmania
- Local Government Association of the Northern Territory
- Local Government Association of Queensland
- The Western Australian Local Government Association
- Moreton Bay Regional Council
- Sunshine Coast Regional Council
- Swan Hill Rural City Council
- Shire of Coorow.
6. The Instrument, IMMI 08/050, commences on the day after registration on the Federal Register of Legislative Instruments.