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 Mayor of a city municipality or town for the New South Wales
- Deputy Mayor or Deputy Principal Member of a city, municipality or town for the Northern Territory
- Deputy Mayor of a region, city, town or shire council for Queensland
- Deputy Mayor or Deputy Chairperson of a council for South Australia
- Deputy Mayor of a council for Tasmania
- Deputy Mayor or Deputy President of a city, municipality or town
Several councils have requested that their Deputy Mayor be authorised to preside at citizenship ceremonies. In the past the Department has authorised Deputy Mayor positions for specific councils on a request basis. Authorising all Deputy Mayors and Deputy Mayor equivalent positions across Australia will assist councils with meeting their obligations to organise citizenship ceremonies and enable greater flexibility to meet the demands of their current Council workload.
4. The Instrument has been updated to amend the wording of ‘Deputy Mayor of Municipal Council’ for Victoria to ‘holder of the office commonly accepted to be Deputy Mayor of a Municipal Council’. This update has been made to reflect council positions explained in the Victorian Local Government Act 1989.
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. 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.
7. The Instrument, IMMI 09/087, commences on the day after registration on the Federal Register of Legislative Instruments.