Australian Citizenship Amendment (Notices of Citizenship) Regulations 2025

Administered by Department of Home Affairs

Legislation au F2025L01574 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the Minister for Immigration and Citizenship

Australian Citizenship Act 2007

Australian Citizenship Amendment (Notices of Citizenship) Regulations 2025

The Australian Citizenship Act 2007 (the Citizenship Act) provides for the process of becoming an Australian citizen, the circumstances in which citizenship may cease, and other related matters.

Section 54 of the Citizenship Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Citizenship Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Citizenship Act.

Subsection 37(1) of the Citizenship Act also provides that a person may make an application to the Minister for evidence of the person’s Australian citizenship. Subsection 37(2) enables the Minister to give the person a notice stating that the person is an Australian citizen at a particular time. Under subsection 37(3) of the Citizenship Act, the notice must be in a form prescribed by the regulations and contain any other matter prescribed by the regulations.

In practice, evidence of Australian citizenship is generally provided to a person on the day that they make the pledge of commitment at an Australian citizenship ceremony. In accordance with subsection 27(3), a pledge must be made to the Minister or to a person who is authorised by the Minister under subsection 27(4) or (5) of the Citizenship Act, known as a presiding officer. An example of an authorised person has included, from time to time and subject to the relevant state or territory, the mayor of a local government council.

Section 12 of the Australian Citizenship Regulation 2016 (the Citizenship Regulation) specifies the requirements for a notice issued under of subsection 37(3) of the Act, including that the notice be in accordance with the form in Schedule 2. While subsection 12(2) of the Citizenship Regulation specifies that the signature of the Minister may be a facsimile that is printed or stamped (as opposed to signed by hand), there is no similar flexibility attributed to signatures of other presiding officers, such as mayors. Additionally, Schedule 2 requires the signature of the presiding officer on each notice.

The Australian Citizenship Amendment Regulation (Notices of Citizenship) 2025 (the Amendment Regulations) amends the Citizenship Regulation to enable presiding officers to print or stamp a facsimile of their signature (and title) on citizenship certificates, and for their signature and title to be an optional requirement.

No external consultation was undertaken as the amendments do not substantially alter existing arrangements, and operate to support and enhance processes in relation to notices of citizenship. The amendments also do not alter eligibility for Australian citizenship or impact the rights of Australian citizens. The purpose of the amendments is to support operational flexibility in organising and delivering Australian citizenship ceremonies. This includes circumstances where there are multiple presiding officers, or no presiding officers.

The Amendment Regulations relate to matters of detail and are therefore appropriate for inclusion in Citizenship Regulations.

The instrument is subject to disallowance under section 42 of the Legislation Act. A Statement of Compatibility with Human Rights has been completed in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The overall assessment is that the Amendment Regulations are compatible with human rights. A copy of the Statement is at Attachment A.

The Amendment Regulations commences on the day after registration on the Federal Register of Legislation.

The Citizenship Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised.

The Amendment Regulations are a legislative instrument for the Legislation Act 2003 (the Legislation Act).

Further details of the Amendment Regulations are set out in Attachment B

ATTACHMENT A

Statement of Compatibility with Human Rights

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

Australian Citizenship Amendment Regulation (Notices of Citizenship) 2025

This Disallowable 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 Disallowable Legislative Instrument

The Australian Citizenship Amendment Regulation (Notices of Citizenship) 2025 (the Amendment Regulations) amends the Australian Citizenship Regulation 2016 (the Citizenship Regulations) to allow presiding officers to print or stamp their signature and title on citizenship certificates, and for their signature and title to be an optional requirement.

The purpose of this amendment is to provide flexibility and streamline arrangements for presiding officers when signing citizenship certificates, particularly where they are presiding over large ceremonies.

Subsection 37(1) of the Australian Citizenship Act 2007 (the Citizenship Act) provides that a person may make an application to the Minister for evidence of the person’s Australian citizenship. Subsection 37(2) enables the Minister to give the person a notice stating that the person is an Australian citizen at a particular time. Under subsection 37(3) of the Citizenship Act, the notice must be in a form prescribed by the regulations and contain any other matter prescribed by the regulations.

Section 12 of the Citizenship Regulation prescribes matters for the purposes of subsection 37(3) of the Act and requires the notice to be in accordance with the form in Schedule 2. The form in Schedule 2 to the Citizenship Regulation sets out that the notice is to include the ‘Signature or printed or stamped signature of the Minister’ and the ‘Signature of presiding officer’. A presiding officer is an Australian citizen authorised by the Minister under subsections 27(4) or (5) of the Citizenship Act to receive the pledge of commitment. A person must generally make a pledge of commitment to become an Australian citizen, see section 26 of the Citizenship Act.

While subsection 12(2) of the Citizenship Regulation specifies the signature of the Minister may be a facsimile that is printed or stamped, there was no similar flexibility attributed to signatures of presiding officers.

The amendments to the Citizenship Regulation provide similar flexibility in the way presiding officers sign citizenship certificates. This amendment enables citizenship certificates to be prepared ahead of time to include a printed facsimile of both the Minister and presiding officer’s signature.

Furthermore, while subsection 12(3) of the Citizenship Regulation provides the presiding officer ‘may’ sign the notice, the form of notice in Schedule 2 required the signature of the presiding officer. As not every applicant is required to make a pledge of commitment at a ceremony to become a citizen, and some presiding officers may not wish to or are unable to sign citizenship certificates, it is not always possible or practical to require presiding officers to comply with this requirement. Providing clarification in the Citizenship Regulation that the signature and title of the presiding officer is optional, overcomes these obstacles.

Human rights implications

This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

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

The Hon Tony Burke MP

Minister for Immigration and Citizenship

ATTACHMENT B

Details of the Australian Citizenship Amendment (Notices of Citizenship) Regulation 2025

Section 1 – Name of Regulations

This section provides that the name of the instrument is the Australian Citizenship Amendment (Notices of Citizenship) Regulations 2025.

Section 2 – Commencement

This section provides that the amendments commence on the day after registration on the Federal Register of Legislation.

Section 3 – Authority

This section provides that the instrument is made under the Australian Citizenship Act 2007.

Section 4 – Schedules

This section provides for the operation of the amendments.

Schedule 1 - Amendments

Australian Citizenship Regulation 2016 (the Citizenship Regulations)

Item [1] - Section 5

This item defines presiding officer to mean any of the following persons before whom a pledge of commitment may be made:

(a) a person authorised under subsection 27(4) of the Act;

(b) a person included in a class of persons authorised under subsection 27(5) of the Act.

This item gives clarity to existing references to presiding officers elsewhere in the Citizenship Regulations.

Item [2] - Subsection 12(3)

This item will repeal the existing subsection 12(3) and substitute provisions that set out how and when a presiding officer may sign a notice issued under subsection 37(2) of the Citizenship Act.

This first subparagraph of this item specifies that the signature of one or more presiding officers may, but is not required to, be included in the notice. The third subparagraph of this item specifies that the presiding officer whose signature appears on the notice need not be the presiding officer before whom the pledge of commitment was made by the person who is the subject of the notice. These subparagraphs allow for greater flexibility in the organising of Australian citizenship ceremonies, including where a presiding officer is not in attendance or where there is a change in the presiding officer who attends.

This item also specifies that where the signature of a presiding officer is included on the notice, it may be a facsimile that is printed or stamped. This reflects existing requirements for the signature of the Minister on the same notice, which can be a facsimile that is printed or stamped.

Item [3] - In the appropriate position in Part 4

This item inserts a new provision into Part 4 of the Citizenship Regulations. This provision clarifies the operation of amendments made by Schedule 1 to the Amendment Regulations.

37 Application of amendments made by Schedule 1 to the Australian Citizenship Amendment (Notices of Citizenship) Regulations 2025

This section provides that the amendments apply to any notice under subsection 37(2) of the Citizenship Act given after the commencement of the amendments, irrespective of whether the application for the notice was made before, on, or after the commencement of the amendments.

Item [4] - Schedule 2 (Form)

This item will repeal the existing form in Schedule 2 to the Citizenship Regulations and substitute a new updated form for the purpose of issuing a notice of Australian citizenship under the Citizenship Act.

The revised form reflects that the signature of a presiding officer is optional.

Overview

The Australian Citizenship Amendment (Notices of Citizenship) Regulations 2025, introduced by the Minister for Immigration and Citizenship, amends the Australian Citizenship Regulation 2016 to provide greater flexibility in the administration of Australian citizenship ceremonies. This regulation allows presiding officers to use a printed or stamped facsimile of their signature on citizenship certificates and makes the presiding officer's signature optional. The policy objective of these amendments is to enhance operational efficiency and flexibility in the organisation and delivery of citizenship ceremonies, especially when multiple presiding officers are involved or when presiding officers are not present. These regulations do not affect the eligibility criteria for Australian citizenship or the rights of Australian citizens. Enacted under the Australian Citizenship Act 2007, the amendments aim to streamline the process without altering existing human rights obligations, as confirmed by the Statement of Compatibility with Human Rights. The Australian Citizenship Amendment (Notices of Citizenship) Regulations 2025, introduced by the Minister for Immigration and Citizenship, are designed to address the operational challenges faced by presiding officers in citizenship ceremonies. These regulations amend the Australian Citizenship Regulation 2016 to allow presiding officers to print or stamp a facsimile of their signature on citizenship certificates and to make their signature optional. This change supports the practical needs of presiding officers, especially during large ceremonies where flexibility is crucial. The amendments are a legislative instrument under the Legislation Act 2003, and they are compatible with human rights, as evidenced by the Statement of Compatibility with Human Rights. The regulations aim to facilitate smoother administration of citizenship ceremonies without affecting the eligibility or rights of Australian citizens.

Scope and Application

The Australian Citizenship Amendment (Notices of Citizenship) Regulations 2025 amends the Australian Citizenship Regulation 2016 to enhance operational flexibility in the administration of citizenship ceremonies, particularly in the signing of citizenship certificates by presiding officers. The regulations apply to notices of citizenship issued under subsection 37(2) of the Australian Citizenship Act 2007, effective from the day after their registration on the Federal Register of Legislation. These regulations are applicable to any notice given after their commencement, irrespective of the timing of the application for the notice. The amendment allows presiding officers to print or stamp a facsimile of their signature and title on citizenship certificates, with their signature becoming an optional requirement. This flexibility aims to streamline the process, particularly in large ceremonies or where presiding officers may not be in attendance. No external consultation was undertaken as the amendments do not substantially alter existing arrangements, nor do they impact eligibility for Australian citizenship or the rights of citizens. The instrument is subject to disallowance under section 42 of the Legislation Act 2003, and a Statement of Compatibility with Human Rights has been completed, finding the Amendment Regulations to be compatible with human rights.

Key Provisions

The Australian Citizenship Amendment (Notices of Citizenship) Regulations 2025 (the Amendment Regulations) amend the Australian Citizenship Regulation 2016 (the Citizenship Regulation) to provide flexibility in how presiding officers sign citizenship certificates. Section 1 of the Amendment Regulations states that the signature of a presiding officer may, but is not required to, be included on a notice issued under subsection 37(2) of the Australian Citizenship Act 2007 (the Citizenship Act). This change allows for a presiding officer to print or stamp a facsimile of their signature on citizenship certificates, and for their signature to be an optional requirement. This is a departure from the existing requirement that the presiding officer must sign the citizenship certificate by hand. The Amendment Regulations also clarify that the presiding officer whose signature appears on the notice need not be the presiding officer before whom the pledge of commitment was made by the person who is the subject of the notice. This change is intended to provide flexibility in the organisation of Australian citizenship ceremonies, particularly where there are multiple presiding officers, or where a presiding officer is not in attendance. The amendments are intended to streamline arrangements for presiding officers when signing citizenship certificates and to overcome obstacles where presiding officers may not wish to, or are unable to sign citizenship certificates. The Amendment Regulations impose obligations on presiding officers to comply with the amended requirements for signing citizenship certificates. Under the amended Citizenship Regulation, presiding officers are permitted, but not required, to sign citizenship certificates. Where a presiding officer chooses to sign a citizenship certificate, they may print or stamp a facsimile of their signature and title. The Amendment Regulations also clarify that the presiding officer whose signature appears on the notice need not be the presiding officer before whom the pledge of commitment was made by the person who is the subject of the notice. These obligations are intended to provide flexibility in the organisation of Australian citizenship ceremonies and to overcome obstacles where presiding officers may not wish to, or are unable to sign citizenship certificates. The Amendment Regulations do not create any new offences or penalties. However, the Citizenship Act provides for a range of offences and penalties for breaches of the Act and the regulations. For example, subsection 108(1) of the Citizenship Act provides that a person who knowingly makes a false or misleading statement in an application for Australian citizenship is guilty of an offence and is liable to a penalty of up to 500 penalty units (approximately AUD 83,000). Similarly, subsection 108(2) of the Citizenship Act provides that a person who knowingly makes a false or misleading statement in a document required under the Citizenship Act is guilty of an offence and is liable to a penalty of up to 500 penalty units. These penalties reflect the seriousness of breaches of the Citizenship Act and the regulations and are intended to deter non-compliance. The Amendment Regulations are compatible with human rights. A Statement of Compatibility with Human Rights has been completed in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement concludes that the Amendment Regulations are compatible with human rights as they do not raise any human rights issues. The Amendment Regulations do not engage any of the applicable rights or freedoms, and do not create any new offences or penalties. The Statement is attached as Attachment A to the Explanatory Statement.

Area of Law: Immigration & Refugee Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Administrative Discretion

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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.

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