EXPLANATORY STATEMENT

Australian Citizenship Act 2007

SPECIAL RESIDENCE REQUIREMENT

(SECTION 22C)

1. This Instrument is made under section 22C of the Australian Citizenship Act 2007 (‘the Act’).
2. Subsection 22C(1) provides that the Minister may, by legislative instrument, specify activities for the purposes of subparagraph 22A(1)(a)(i).
3. Subsection 22C(2) provides that the Minister may, by legislative instrument, specify organisations for the purposes of paragraph 22A(1)(b).
4. Subsection 22C(3) provides that the Minister may, by legislative instrument, specify kinds of work for the purposes of paragraph 22B(1)(a).
5. The purpose of the Instrument is to:

(a)   specify activities and organisations in relation to the special residence requirement under subsection 22A(1) for certain persons seeking to engage in an activity that would be of benefit to Australia; and

(b)   specify kinds of work in relation to the special residence requirement under subsection 22B(1) for certain persons engaged in particular kinds of work requiring regular travel outside Australia because of that work.

6.      The Instrument operates to specify activities for the purposes of subparagraph 22A(1)(a)(i), organisations for the purposes of paragraph 22A(1)(b) and kinds of work for the purposes of paragraph 22B(1)(a).

7.      Pursuant to section 17 of the Legislative Instruments Act 2003 consultations took place with the following organisations:

(a)   the Australian Olympic Committee (AOC);

(b)   Tennis Australia.

8.      The Instrument, IMMI 09/095, commences on the day of signature.

9.      The instrument allows for the special residence requirement to be available in cases where an applicant for citizenship by conferral cannot otherwise meet the general residence requirement. The instrument is therefore beneficial in its effect and has no detrimental impact.