EXPLANATORY STATEMENT

Australian Citizenship Act 2007

CITIZENSHIP DECISION MAKING - PERSONAL IDENTIFIERS (CLASSES OF PERSONS AUTHORISED TO REQUEST AND ACCESS IDENTIFYING INFORMATION)DELEGATIONS AND AUTHORISATIONS

(SECTION 53, SUBSECTIONS S40(4) AND S42(3))

1. This Instrument is made under section 53, subsections 24(1), 25(1), 26(3), 26(5), 30(1), 33(2), 37(2), 37(6), 38(2), 40(3), 40(4) and 42(3) of the Australian Citizenship Act 2007 (‘the Act’).

2.      Section 53 of the Act provides that the Minister may, by writing, delegate to any person all or any of the Minister's functions or powers under the Act or the Regulations.

3.      Subsection 24(1) of the Act provides that if a person makes an application to the Minister to become an Australian citizen under section 21 (which deals with citizenship by conferral), the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.

4.      Subsection 25(1) provides that the Minister may, by writing, cancel an approval given to a person under section 24 in certain circumstances. .

5.      Subsection 26(3) provides that if a person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period in certain circumstances.

6.      Subsection 26(5) provides that the Minister may, by writing, revoke a determination made under subsection 26(3).

7.      Subsection 30(1) of the Act provides that if a person makes an application to the Minister to become an Australian citizen under section 29 (which deals with resumption of citizenship) the Minister must, by writing,  approve or refuse to approve the person becoming an Australian citizen again.

8.      Subsection 33(2) of the Act provides that if a person makes an application to the Minister to renounce the person’s Australian citizenship, the Minister must, by writing, approve or refuse to approve the person renouncing his or her Australian citizenship.

9.      Subsection 37(2) of the Act provides that the Minister may give a person a notice stating that the person is an Australian citizen at a particular time.

10.  Subsection 37(6) of the Act provides that the Minister may, by writing, cancel a notice given to a person under section 37.

11.  Subsection 38(2) of the Act provides that the Minister may, by writing, request a person to surrender a notice cancelled under subsection 37(6).

12.  Subsection 40(3) of the Act provides that the Minister may, by writing, authorise a person to request an applicant to provide one or more personal identifiers.

12.13.Subsection 40(4) of the Act provides that the Minister may, by legislative instrument, authorise a class of persons who may request an applicant to provide one or more personal identifiers. Section 10 of the Act sets out the personal identifiers for the purposes of the Act.

13.14.Subsection 42(3) of the Act provides that the Minister may, by writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation. Section 3 of the Act defines identifying information.

14.15.Subsection 42(4) of the Act provides the purposes that the Minister must specify in an authorisation under subsection 42(3) as the purpose or purposes for which access is authorised.

16.  This instrument delegates certain persons and classes of persons, being citizenship decision makers, under subsections 24(1), 25(1), 26(3), 26(5), 30(1), 33(2), 37(2), 37(6) and 38(2).

15.17.The purpose of tThe Instrument also is to authorises certain classes of persons to request an applicant in writing to provide one or more specified personal identifiers in support of their application and to authorise certain classes of persons to access identifying information necessary for the purposes of the Act.

16.18.The Instrument operates to authorise certain classes of person occupying or performing the duties of specified positions to request an applicant in writing to provide one or more specified personal identifiers in support of their application.

17.19.The Instrument also authorises certain classes of persons to access any kind of identifying information for any one or more of the following purposes: assisting in the identification of, or to authenticate the identity of a applicant for Australian citizenship; combating document and identity fraud in citizenship matters; disclosing identifying information in accordance with the Act; administering or managing the storage of identifying information; making identifying information available to the applicant to whom it relates; modifying identifying information to enable it to be matched with other identifying information; modifying identifying information for correction of errors or to ensure compliance with appropriate standards; complying with Australian laws; and for purposes of the Act or the Migration Act 1958 or the regulations made under those Act.

This instrument also delegates certain persons and classes of persons under subsections 24(1), 25(1), 26(3), 26(5), 30(1), 33(2), 37(2), 37(6), 38(2), 40(3),

18.20.Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature. This is a new authorisation intended to allow officers to legally perform their functions and duties. There were no similar provisions in relation to Personal Identifiers under the Australian Citizenship Act 1948.

19.21.The Instrument, IMMI 07/043, commences on 1 July 2007.