EXPLANATORY STATEMENT
Issued by the authority of the Minister for Immigration and Citizenship
Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act 2009
Proclamation
Subsection 2(1) of the Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act 2009 (the Amendment Act) provides, in part, that Schedule 1 to the Amendment Act commences on a day to be fixed by Proclamation. However, if any of the provision(s) in Schedule 1 do not commence within the period of 6 months beginning on the day on which this Amendment Act receives the Royal Assent, they commence on the first day after the end of that period. The Amendment Act received the Royal Assent on 21 September 2009.
The purpose of the proposed Proclamation is to fix 9 November 2009 as the day on which Schedule 1 to the Amendment Act commences. The other provisions in the Amendment Act commenced when the Amendment Act received the Royal Assent.
The Amendment Act amends the Australian Citizenship Act 2007 to implement the recommendations of the Australian Citizenship Test Review Committee (the Review Committee) agreed to by Government and to strengthen the eligibility requirements for citizenship by conferral for applicants under 18 years of age.
In particular, Schedule 1 to the Amendment Act provides:
- the Minister may specify in a written determination the period in which a person must successfully start and complete the citizenship test;
- that certain applicants may be eligible for citizenship by conferral without a requirement to have sat and successfully completed a citizenship test, if among other things, the Minister is satisfied that the person has a permanent or enduring physical or mental incapacity, at the time the person made the application, that means the person is not capable of:
- understanding the nature of the application at that time; or
- demonstrating a basic knowledge of the English language at that time; or
- demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time;
- that persons who have a permanent or enduring physical or mental incapacity at the time the person made the application to become an Australian citizen as provided in the dot point above, are exempt from the requirement to make a pledge of commitment;
- that to be eligible for citizenship by conferral, applicants who are under 18 years of age must be permanent residents at both the time of application and the time of decision; and
- that the citizenship testing process should be streamlined and realigned to combine citizenship testing with the citizenship application.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act 2009 was enacted to address the recommendations of the Australian Citizenship Test Review Committee and to reinforce the eligibility requirements for citizenship by conferral for applicants under 18 years of age. This Act was passed by the Parliament of Australia and received Royal Assent on 21 September 2009. The primary policy objective of the Act is to ensure that the Australian citizenship test process is both inclusive and efficient, while maintaining the integrity of the citizenship requirements. The Act streamlines the citizenship testing process by realigning it with the citizenship application and introduces provisions that allow certain applicants, such as those with a permanent or enduring physical or mental incapacity, to be eligible for citizenship by conferral without the necessity of completing a citizenship test or making a pledge of commitment. Additionally, it mandates that applicants under 18 years of age must be permanent residents at both the time of application and the time of decision to be eligible for citizenship by conferral.
Scope and Application
The Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act 2009 applies to individuals seeking Australian citizenship, with specific provisions targeting applicants under 18 years of age and those with permanent or enduring physical or mental incapacities. This Act amends the Australian Citizenship Act 2007 to implement the recommendations of the Australian Citizenship Test Review Committee. It introduces flexibility in the timing for starting and completing the citizenship test and exempts certain applicants from the citizenship test and pledge of commitment based on their incapacity. Moreover, the Act strengthens the eligibility requirements for citizenship by conferral for those under 18 by requiring them to be permanent residents at both the time of application and the time of decision. The Act's jurisdictional reach is federal, affecting citizenship processes across Australia, and it does not specify exclusions or thresholds beyond the conditions outlined for eligibility and exemptions. The commencement of the Act is governed by a Proclamation, which fixes the effective date of the amendments, and any subordinate instruments issued under this Act would further detail or extend the application of the provisions.
Key Provisions
The Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act 2009, as amended by Schedule 1, introduces several key provisions to the Australian Citizenship Act 2007. Section 1 of Schedule 1 allows the Minister to specify the period within which an applicant must start and successfully complete the citizenship test. This flexibility ensures that the testing process can be managed efficiently while accommodating the needs of applicants (Section 1). Section 2 of Schedule 1 provides that certain applicants may be eligible for citizenship by conferral without the requirement to sit and pass the citizenship test if the Minister is satisfied that the applicant has a permanent or enduring physical or mental incapacity that prevents them from understanding the application, demonstrating basic English language proficiency, or showing adequate knowledge of Australia and its citizenship responsibilities (Section 2). Moreover, Section 3 exempts these applicants from the requirement to make a pledge of commitment (Section 3). Section 4 mandates that applicants under 18 years of age must be permanent residents at both the time of application and the time of decision to be eligible for citizenship by conferral (Section 4). Finally, Section 5 aims to streamline the citizenship testing process by realigning it with the citizenship application (Section 5).
The Act imposes several obligations on the Minister and applicants. The Minister is required to determine the period within which a person must start and complete the citizenship test, ensuring that this process is clearly defined and communicated (Section 1). For applicants with permanent or enduring physical or mental incapacity, the Act requires the Minister to assess their eligibility for citizenship by conferral based on their ability to understand the application, demonstrate English language proficiency, and show knowledge of Australia and its citizenship responsibilities (Section 2). Additionally, applicants under 18 years of age must prove their permanent residency status at both the time of application and the time of decision (Section 4). The streamlined testing process aims to integrate the citizenship test with the citizenship application, making the process more efficient and coherent (Section 5).
The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, failure to comply with the requirements set forth in the Act, such as not completing the citizenship test within the specified period or providing false information, could lead to refusal of citizenship application or other administrative actions. The overarching legislative framework and related regulations would provide further guidance on potential consequences for non-compliance.