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:
(a) authorisation for Deputy Mayors of Victorian Municipal Councils following requests received from Victorian Councils.
(b) authorisation for:
- Members of the Legislative Assembly for the Australian Capital Territory; and
- Director of the ACT Office of Multicultural, Aboriginal and Torres Strait Islander Affairs.
Unlike other jurisdictions, the Australian Capital Territory Government is responsible and accountable for two levels of government. Authorising all members of the ACT Legislative Assembly and the Director of the ACT Office of Multicultural, Aboriginal and Torres Strait Islander Affairs will enable greater flexibility to meet the demands of their increased workload.
4. The Instrument has been updated to delete Directors of Victorian Municipal Councils. The authorisation of Directors appears to have been an interim measure to cater for councils without publicly elected representatives during council amalgamations in Victoria in the mid-1990’s. Wherever possible elected representatives should preside at citizenship ceremonies to introduce new citizens to Australia’s democratic system of government and reinforce the responsibilities and privileges of Australian citizenship.
5. 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.
6. Pursuant to section 18 of the Legislative Instruments Act 2003 consultations took place with the following organisations:
(a) Municipal Association of Victoria
(b) ACT Legislative Assembly.
The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements except to authorise further classes of persons.
7. The Instrument, IMMI 09/026, commences on 1 July 2009.