EXPLANATORY STATEMENT
Issued by the Minister for Immigration and Citizenship
Australian Citizenship Amendment (Defence Families) Act 2012
Proclamation
Item 2 of the table in subsection 2(1) of the Australian Citizenship Amendment (Defence Families) Act 2012 (the Act) provides that Schedule 1 to the Act is to commence on a single day to be fixed by Proclamation. However, if the provisions(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. The Act received the Royal Assent on
12 September 2012.
The purpose of the Proclamation is to fix 1 January 2013 as the day on which Schedule 1 to the Act will commence.
Section 21 of the Australian Citizenship Act 2007 (the Citizenship Act) sets out the application and eligibility requirements for acquiring Australian citizenship by conferral. One of the ways that a person is eligible is if they satisfy the relevant defence service residence requirement at the time the person makes their application.
Schedule 1 contains the operative provisions of the Act which amends the Citizenship Act to enable certain family members of certain current and future overseas recruits to the Australian Defence Force (ADF) to satisfy the relevant defence service residence requirement and be eligible for conferral of Australian citizenship at the same time as the enlisted ADF member.
The amendments also enable certain family members of certain overseas recruits to the ADF to satisfy the relevant defence service residence requirement and be eligible for conferral of Australian citizenship where the enlisted ADF member dies while undertaking service in the Permanent Forces or the Reserves. In this instance, the family member will be treated as if the ADF member had completed the relevant defence service residence requirement.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.