Australian Citizenship (LIN 19/066: Persons Who May Receive a Pledge of Commitment) Instrument 2019

Administered by Department of Home Affairs

Legislation au F2019L00045 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Australian Citizenship Act 2007

Australian Citizenship (LIN 19/066: Persons Who May Receive a Pledge of Commitment) Authorisation 2019

(Subsections 27(4) and 27(5))

  1. The instrument, LIN 19/066, is made under subsections 27(4) and 27(5) of the Australian Citizenship Act 2007 (‘the Act’).
  2. The instrument revokes IMMI 17/098 (F2017L01044) and IMMI 09/129 (Instrument of Authorisation) in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
  3. The instrument operates to authorise persons and the different class of persons able to receive the pledge of commitment of Australian citizenship. Subsection 26(1) of the Act requires that a person must make a pledge of commitment to Australia to become an Australian citizen unless they meet the requirements set out in paragraphs 26(1)(a) to (c). A person required to make a pledge of commitment becomes an Australian citizen on the day on which the pledge of commitment is made.
  4. The purpose of the instrument LIN 19/066 is to update the persons and classes of persons authorised to receive a pledge of commitment. In particular, this instrument, in section 5 of Schedule 1, specifies the new names of the divisions, branches and sections of entrusted persons of the Department of Home Affairs, which have changed as a result of recent Machinery of Government changes. 
  5. In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, consultation in relation to updating the titles of classes of persons authorised was not considered necessary. Those amendments to the instrument are minor and machinery in nature and do not substantially alter existing arrangements.
  6. The Office of Best Practice Regulation (OBPR) has been consulted (OBPR reference: 24029).
  7. Under section 42 of the Legislation Act 2003, the instrument is subject to disallowance and therefore a Statement of Compatibility with Human Rights has been provided.
  8. The instrument commences on the day after registration on the Federal Register of Legislation.

Statement of Compatibility with Human Rights

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

Australian Citizenship (LIN 19/066: Persons Who May Receive a Pledge of Commitment) Authorisation 2019

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

Instrument LIN 19/066 is made under subsections 27(4) and 27(5) of the Citizenship Act 2007 (the Act).  The instrument repeals the Citizenship (Authorisation) Revocation and Authorisation Instrument 2017, IMMI 17/098 (F2017L01044) in accordance with subsection 33(3) of the Acts Interpretation Act 1901.

The operation of this instrument is to authorise persons or classes of persons to receive the pledge of commitment. Subsection 26(1) of the Act requires that a person must make a pledge of commitment to become an Australian citizen unless they meet the requirements set out in paragraphs 26(1)(a), 26(1)(b) or 26(1)(c). A person required to make a pledge of commitment becomes an Australian citizen on the day on which the pledge of commitment is made.

The purpose of the instrument LIN 1, is to update the persons and classes of persons authorised to receive a pledge of commitment. In particular, this instrument, in section 5 of Schedule 1, specifies the new names of the divisions, branches and sections of entrusted persons of the Department of Home Affairs which have been changed as a result of the Machinery of Government Change that occurred in April 2018.

This instrument does not substantially alter existing arrangements; as such changes are considered to be minor or machinery in nature. In accordance with paragraph 15J(2)(e) of the Legislation Act 2003 consultation was deemed not necessary.  The changes made relate to name changes of the relevant section/branch/division/group, and the change in name from the Department of Immigration and Border Protection, to the Department of Home Affairs. 

Human rights implications

This legislative instrument has been considered against the seven core human rights conventions, in particular the following Convention articles.

Conclusion

This Legislative Instrument is compatible with human rights because, to the extent that it may limit human rights those limitations are reasonable, necessary and proportionate.

 

 

The Hon David Coleman MP

Minister for Immigration, Citizenship and Multicultural Affairs

Overview

The Australian Citizenship (LIN 19/066: Persons Who May Receive a Pledge of Commitment) Authorisation 2019 was enacted to update the authorisation of persons and classes of persons who can receive the pledge of commitment for Australian citizenship, as required under the Australian Citizenship Act 2007. This instrument was introduced by the Australian government, specifically through the Minister for Immigration, Citizenship and Multicultural Affairs, to address the need for updating the authorisation list due to changes in the Department of Home Affairs following recent Machinery of Government changes. The policy objective is to ensure that the administration of citizenship pledges remains aligned with the current organisational structure of the relevant government department. The changes introduced by this instrument are minor and administrative, designed to maintain the integrity and functionality of the citizenship pledge process without altering the fundamental requirements for citizenship.

Scope and Application

The Australian Citizenship (LIN 19/066: Persons Who May Receive a Pledge of Commitment) Authorisation 2019 is an instrument made under the Australian Citizenship Act 2007, designed to update the list of individuals and classes of persons who are authorised to receive the pledge of commitment from applicants for Australian citizenship. This authorisation is a critical procedural step in the citizenship process, which requires an individual to make a pledge of commitment to Australia unless they meet specific exceptions as outlined in subsection 26(1) of the Act. The instrument revokes two previous instruments, IMMI 17/098 and IMMI 09/129, to reflect recent changes in the Department of Home Affairs, resulting from machinery of government changes. These amendments are considered minor and primarily administrative, thereby not necessitating consultation under the Legislation Act 2003. The instrument is subject to disallowance and has been accompanied by a Statement of Compatibility with Human Rights, confirming its alignment with Australia's obligations under international human rights treaties.

Key Provisions

The Australian Citizenship (LIN 19/066: Persons Who May Receive a Pledge of Commitment) Authorisation 2019 operates under subsections 27(4) and 27(5) of the Australian Citizenship Act 2007 (the Act). This instrument revokes the previous Citizenship (Authorisation) Revocation and Authorisation Instrument 2017 (IMMI 17/098) and updates the authorisation for individuals and classes of persons who can receive the pledge of commitment necessary for Australian citizenship. According to subsection 26(1) of the Act, a person must make a pledge of commitment to become an Australian citizen unless they meet the specified exemptions under paragraphs 26(1)(a) to (c). The pledge of commitment signifies the moment a person becomes an Australian citizen. The obligations imposed by this Act primarily concern the authorisation of specific individuals or classes of individuals who are permitted to administer the pledge of commitment to prospective citizens. This authorisation is crucial for the administration of citizenship ceremonies and the processing of citizenship applications. The Act mandates that only those individuals authorised by the instrument can receive and administer the pledge, ensuring a formal and standardised procedure for citizenship ceremonies. Under the Act, there are potential civil or administrative consequences for breaches of the authorisation provisions. Specifically, if an individual who is not authorised under the Act administers a pledge of commitment, the pledge could be considered invalid, potentially leading to delays or complications in the citizenship process for the applicant. While the Act does not explicitly detail criminal penalties for unauthorised administration of the pledge, breaches of related provisions could result in administrative actions or penalties as outlined in other relevant legislation. The instrument also acknowledges that it is subject to disallowance, as required by section 42 of the Legislation Act 2003. A Statement of Compatibility with Human Rights has been provided, affirming that the instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. This ensures that the changes made by the instrument do not conflict with Australia's obligations under international human rights law.

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Immigration & Refugee Law
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Legislative Instrument
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Definitions & Interpretation
Licensing & Registration
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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.