Australian Citizenship Amendment (Translation Requirements for Applications) Regulations 2022

Administered by Department of Home Affairs

Legislation au F2022L01667 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Minister for Immigration, Citizenship and Multicultural Affairs

 

Australian Citizenship Act 2007

 

Australian Citizenship Amendment (Translation Requirements for Applications) Regulations 2022

 

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

 

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

 

Section 46 of the Act provides that an application under a provision of the Act must be on the relevant form approved by the Minister for the purposes of that provision; contain the information required by the form; be accompanied by any other information or documents prescribed by the regulations; and be accompanied by the fee (if any) prescribed by the regulations.

 

The Australian Citizenship Amendment (Translation Requirements for Applications) Regulations 2022 (the Regulations) amends the Australian Citizenship Regulation 2016 (the Citizenship Regulation) to remove a duplicated requirement to provide English language translations as part of citizenship applications. 

 

The citizenship application form, which must be completed in order to make an application under section 46 of the Act, requires an applicant to provide an official English translation of any documents provided that are not in English.  Section 14 of the Citizenship Regulation also provides this requirement.  Section 14 is repealed to remove this duplication, removing any confusion and streamlining processing.  There is no adverse or practical impact on applications.

 

A Statement of Compatibility with Human Rights (the Statement) has been completed in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The overall assessment is that the Regulations are compatible with human rights. A copy of the Statement is at Attachment A.

The Office of Best Practice (OBPR) has been consulted in relation to the amendments. No Regulation Impact Statement is required. The OBPR consultation reference is OBPR22-01692.

Consultations were not considered necessary or appropriate as there is no disadvantageous or practical impact on applications. This accords with section 17 of the Legislation Act 2003 (the Legislation Act).

The Regulations commence on 1 January 2023.

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

The Department follows standard practices to notify clients about the Regulations, including updating its website and notifying peak bodies.

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

 

The Regulations are a legislative instrument for the purposes of the Legislation Act.

 

 


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 (Translation Requirements for Applications) Regulations 2022

 

The Australian Citizenship Amendment (Translation Requirements for Applications) Regulations 2022 (the 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 Disallowable Legislative Instrument amends the Australian Citizenship Regulation 2016 (the Citizenship Regulation) to remove a duplicated requirement to provide English language translations as part of citizenship applications.

The citizenship application form, which must be completed in order to make an application under section 46 of the Australian Citizenship Act 2007, requires an applicant to provide an official English translation of any documents provided that are not in English.  Section 14 of the Citizenship Regulation also provides this requirement.  The Disallowable Legislative Instrument repeals section 14 to remove this duplication, removing any confusion and streamlining processing.  There is no adverse or practical impact on applicants or applications.

Human rights implications

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

Conclusion

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

 

Hon Andrew Giles MP

Minister for Immigration, Citizenship and Multicultural Affairs


ATTACHMENT B

 

Details of the proposed Australian Citizenship Amendment (Translation Requirements for Applications) Regulations 2022

 

Section 1 - Name

 

This section provides that the name of the instrument is the Australian Citizenship Amendment (Translation Requirements for Applications) Regulations 2022.

 

Section 2 - Commencement

 

This section provides for the commencement of the instrument.

 

Subsection 2(1) provides that each provision of the instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

The effect of the table is that the whole of the instrument commences on 1 January 2023.

 

Section 3 - Authority

 

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

 

Section 4 - Schedules

 

This section provides for how the amendments made by the Regulations operate.

 

 

Schedule 1 – Amendments

Part 1 – Amendments

Australian Citizenship Regulation 2016

Item [1] – Section 14

This item repeals section 14 from the Citizenship Regulation 2016.

Section 14 refers to the requirement for applicants to provide official English translations to accompany information or documents that are not originally in English for the purpose of paragraph 46(1)(c) of the Act.

The citizenship application form, which must be completed in order to make an application under section 46 of the Act, requires an applicant to provide an official English translation of any documents provided that are not in English.

This amendment removes the requirement to provide English language translations as part of citizenship applications from the Regulation. Section 14 of the Regulation duplicates the requirement made on the application form and may be removed without any adverse or practical impact on applications.

Part 2 – Application of amendments

Australian Citizenship Regulation 2016

Item [2] – At the end of Part 4 add

This item inserts new section 32 into Part 4.

This item provides that the amendment to remove the duplicated requirement applies to all undecided applications. There is no disadvantageous impact on applicants or applications.

 

Overview

The Australian Citizenship Amendment (Translation Requirements for Applications) Regulations 2022, enacted under the Australian Citizenship Act 2007, address a redundancy in the regulatory framework concerning citizenship applications. The original legislation, passed in 2007, governs the acquisition and loss of Australian citizenship and empowers the Governor-General to issue regulations necessary for its implementation. The Regulations, introduced by the Minister for Immigration, Citizenship and Multicultural Affairs, aim to streamline the application process by removing a duplicated requirement for English language translations in citizenship applications. This amendment aligns with the policy objective of enhancing efficiency and reducing confusion for applicants, as the requirement to provide English translations is already stipulated in the citizenship application form. Consequently, the repeal of section 14 in the Australian Citizenship Regulation 2016 ensures a more coherent and less burdensome application process, without adversely affecting applicants or the integrity of the applications themselves.

Scope and Application

The Australian Citizenship Act 2007 governs the process of becoming an Australian citizen, the circumstances under which citizenship may cease, and other related matters. This Act applies to individuals seeking Australian citizenship and to the administrative processes and requirements set forth therein. The Act’s scope is national, applying across Australia. Pursuant to the Act, the Governor-General has the authority to make regulations necessary or convenient to carry out the provisions of the Act, as outlined in subsection 54. The Australian Citizenship Amendment (Translation Requirements for Applications) Regulations 2022, made under this authority, aim to streamline the citizenship application process by repealing a duplicated requirement for English translations of non-English documents. Specifically, section 14 of the Australian Citizenship Regulation 2016, which mandated such translations, is repealed. This amendment effectively removes confusion and simplifies the application process without any adverse impact on applicants or applications. The Regulations commenced on 1 January 2023 and apply to all undecided applications. The Regulations do not specify any particular thresholds or exclusions beyond what is stated in the Act, and no subordinate instruments extend or restrict the application of the Regulations.

Key Provisions

The Australian Citizenship Amendment (Translation Requirements for Applications) Regulations 2022 (Regulations) amend the Australian Citizenship Regulation 2016 (Citizenship Regulation) to streamline the citizenship application process. The Regulations repeal section 14 of the Citizenship Regulation, which previously required applicants to provide English translations of any documents not originally in English. This requirement is already stipulated in the citizenship application form under section 46(1)(c) of the Australian Citizenship Act 2007 (Act). By removing this duplication, the Regulations aim to eliminate confusion and enhance the efficiency of processing applications. The Regulations impose specific obligations on applicants under the Act. Firstly, applicants must complete the citizenship application form, which must be on a relevant form approved by the Minister. The form requires applicants to provide any information and documents as specified by the Citizenship Regulation, including any official English translations for documents not in English. This requirement is consistent with section 46 of the Act. The Regulations also mandate that applications be accompanied by the prescribed fee, if any, as per the Citizenship Regulation. The Regulations do not introduce any new offences or penalties. Instead, they aim to refine the application process by removing redundant requirements. However, failure to comply with the Act and the Regulations, such as not providing the required information or documents, could result in the application being incomplete or rejected. While the Regulations do not explicitly state penalties for such failures, it is understood that non-compliance could lead to delays or refusals in processing the application. The maximum penalties for non-compliance would be determined by the general provisions of the Act and other related legislation. In summary, the Australian Citizenship Amendment (Translation Requirements for Applications) Regulations 2022 simplify the citizenship application process by removing a duplicated requirement for English translations. These Regulations mandate that applicants complete the citizenship application form and provide all required information and documents, while also paying the prescribed fee. Although the Regulations do not introduce new penalties, non-compliance with the Act and Regulations could still lead to delays or refusals in processing applications.

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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.