Australian Citizenship Act 2007 - Specification under section 22C - Special Residence Requirement - June 2013

Administered by Department of Home Affairs

Legislation au F2013L01123 Not in force Legislative Instrument

Legislation content

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.                   The instrument also operates to allow 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.

8.                   Pursuant to section 17 of the Legislative Instruments Act 2003 consultations took place with Cricket Australia.

9.                   The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 2013/14997).

10. Under section 42 of the Legislative Instruments Act 2003 the Instrument is subject to disallowance and therefore a Human Rights Statement of Compatibility has been provided (attached).

11.              The Instrument, IMMI 13/056, commences on the day after registration on the Federal Register of Legislative Instrument.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

SPECIAL RESIDENCE REQUIREMENT-LEGISLATIVE INSTRUMENT
(SECTION 22C OF THE AUSTRALIAN CITIZENSHIP ACT 2007)

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The legislative instrument under section 22C of the Australian Citizenship Act 2007 (the Act) supports sections 22A and 22B of the Act, which set out special residence requirements for the purpose of an application for citizenship by conferral.  These requirements enable certain applicants to be eligible for citizenship if they are not otherwise able to meet the general residence requirement set out in section 22 of the Act.

This instrument revokes the previous instrument (F2009L03608, 22 September 2009, IMMI 09/095).  It repeats the existing schedules and adds competing in the Ashes series and Cricket Australia to Schedules A and B.  It also clarifies the level of security clearance required under Schedule A.  Finally, it adds the professions set out in schedule C, paragraphs 1 (d)-(g) below.

Section 22A sets out a special residence requirement for persons engaging in activities that are of benefit to Australia and where the person needs to be an Australian citizen to engage in those activities.  Schedule A of the Instrument specifies the following activities for the purposes of subparagraph 22A(1)(a)(i) of the Act:

  1. Employment in a position which requires a Negative Vetting 2 or higher security clearance in a Department, an Executive Agency, or a Statutory Agency of the Commonwealth.
  2. Participation in an Australian team in the following competitions:

(a)               the Olympic Winter Games, including qualifying events for the Games;

(b)               the Paralympic Winter Games, including qualifying events for the Games;

(c)               the Olympic Summer Games; including qualifying events for the Games;

(d)               the Paralympic Summer Games; including qualifying events for the Games;

(e)               the Davis Cup Competition, including qualifying events for the Competition;

(f)                the Fed Cup Competition, including qualifying events for the Competition; and

(g)               any men’s or women’s International Cricket Match, being any:


(i)                 International Test Match;

(ii)              International One Day Match;

(iii)            Twenty20 International Match;

(iv)            Match played as part of an International Cricket Council (ICC) Event, or

(v)               Other matches organised or sanctioned by the ICC from time to time to which the ICC deems it appropriate that the ICC Regulations should apply.

Schedule B of the Instrument specifies the following organisations which may support the application for citizenship under subparagraph 22A(1)(b) of the Act:

  1. A Department, an Executive Agency, or a Statutory Agency of the Commonwealth;
  2. Australian Olympic Committee (AOC);
  3. Australian Paralympic Committee (APC);
  4. Tennis Australia; and
  5. Cricket Australia.

Section 22B sets out a special residence requirement for persons engaged in particular kinds of work requiring regular travel outside Australia.  Schedule C of the Instrument specifies the following kinds of work covered by the section.

3.                  The kinds of work are those undertaken as part of their duties in which a person is:

(a)               a member of the crew of a ship; or

(b)               a member of the crew of an aircraft; or

(c)               engaged in work on a resources installation or a sea installation; or

(d)               a Chief Executive Officer of an S&P/ASX All Australian 200 listed company; or

(e)               an Executive Manager of an S&P/ASX All Australian 200 listed company; or

(f)                a Scientist employed by:

(i)                 an Australian university who has attained a PhD in their Field of speciality and is undertaking research and development of benefit to Australia; or

(ii)              Commonwealth Scientific and Industrial Research Organisation; or

(iii)            a medical research institute which is a member of the Association of Australian Medical Research Institutes (AAMRI).

(g)               a medical specialist, internationally renowned in their field, who is a fellow of an organisation listed in Schedule 4 – Part 1 of the Health Insurance Regulations 1975 (Cth) and holds a relevant qualification in relation to the organisation;

 

 

(h)               a person who is a writer or is engaged in the visual or performing arts and who is the holder of, or has held, a Distinguished Talent Visa.

NOTE: Schedule 4 – Part 1 of the Health Insurance Regulations 1975 (Cth) is available on line at http://www.austlii.edu.au/au/legis/cth/consol_reg/hir1975273/sch4.html.

Human rights implications

This legislative instrument has been assessed against the seven core international human rights treaties and does not engage any of the rights or freedoms articulated therein.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

This material is provided to persons who have a role in Commonwealth legislation, policy and programs as general guidance only and is not to be relied upon as legal advice.  Commonwealth agencies subject to the Legal Services Directions 2005 requiring legal advice in relation to matters raised in connection with this template must seek that advice in accordance with the Directions.

 

Overview

The Australian Citizenship Act 2007 was enacted to provide for the acquisition, loss and restoration of Australian citizenship, and related matters. This Act introduced a special residence requirement that allows certain individuals to be eligible for citizenship if they cannot meet the general residence requirement. The Special Residence Requirement (Section 22C) legislative instrument, made under the authority of the Act, specifies particular activities, organisations, and kinds of work that meet the special residence requirement criteria. This instrument was developed to address gaps in the citizenship application process for individuals whose professional or personal commitments necessitate regular travel outside Australia or require them to be Australian citizens to participate in activities of significant national benefit. The instrument was enacted by the Minister for Immigration and Border Protection and is subject to disallowance, with a Human Rights Statement of Compatibility provided to ensure its alignment with international human rights standards. The instrument aims to facilitate citizenship for those who significantly contribute to Australia's interests, whether through professional engagements or national representation.

Scope and Application

The Australian Citizenship Act 2007, specifically section 22C, enables the Minister to specify certain activities, organisations, and kinds of work that can qualify an individual for a special residence requirement under sections 22A and 22B of the Act. These sections pertain to applications for citizenship by conferral, providing eligibility for individuals who cannot meet the general residence requirement outlined in section 22 of the Act. The legislative instrument specifies activities such as employment in positions requiring a Negative Vetting 2 or higher security clearance within Commonwealth agencies, participation in Australian teams in various international sporting events, and work as a Chief Executive Officer or Executive Manager of an S&P/ASX All Australian 200 listed company. Additionally, it includes work in fields such as maritime and aviation, resource installations, and research by scientists in universities and medical research institutes. The instrument also clarifies the level of security clearance required for certain positions and adds activities related to cricket and the Ashes series. The instrument operates nationally and is subject to disallowance under section 42 of the Legislative Instruments Act 2003, with a Statement of Compatibility with Human Rights provided. This legislative instrument does not impose any detrimental impact and has been assessed as compatible with human rights as it does not engage any of the rights or freedoms articulated in the seven core international human rights treaties.

Key Provisions

The Australian Citizenship Act 2007, specifically through Section 22C, authorises the Minister to specify activities, organisations, and kinds of work that meet the special residence requirement for certain applicants for Australian citizenship. Under Subsection 22C(1), the Minister can specify activities beneficial to Australia that require the applicant to be an Australian citizen. These activities include employment requiring a high level of security clearance or participation in specific international sports competitions (Section 22A(1)(a)(i)). Under Subsection 22C(2), the Minister can specify organisations that can support a citizenship application, such as Commonwealth departments, sports committees, and Cricket Australia (Section 22A(1)(b)). Subsection 22C(3) allows the Minister to specify kinds of work requiring regular travel outside Australia, such as roles in shipping, aviation, research, and high-level executive positions (Section 22B(1)(a)). The Act imposes specific obligations on applicants for citizenship by conferral who wish to rely on these special residence requirements. They must demonstrate their engagement in one of the specified activities, their support from one of the listed organisations, or their employment in one of the identified kinds of work. Additionally, they must show that they need to be Australian citizens to engage in these activities or perform these jobs. Failure to meet these requirements means they cannot rely on the special residence provisions and must meet the general residence requirement set out in Section 22 of the Act. Breach of the special residence requirements does not directly result in specific criminal or civil penalties under the Act itself. However, any fraudulent claims or misrepresentations made in the application process could potentially lead to penalties under other legislation, such as the Crimes Act 1914, which includes penalties for fraud and false statements. Additionally, if the special residence requirement is not met, the applicant’s citizenship application may be refused, which is a civil consequence under the Act. The Act emphasises that the instrument is beneficial and has no detrimental impact, ensuring that it operates to allow eligible applicants to meet citizenship requirements where they otherwise could not.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Licensing & Registration
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.