Australian Citizenship Regulations 2007
Select Legislative Instrument No. 164, 2007
made under the
Australian Citizenship Act 2007
Compilation No. 26
Compilation date: 10 September 2016
Includes amendments up to: F2016L01390
Registered: 13 September 2016
About this compilation
This compilation
This is a compilation of the Australian Citizenship Regulations 2007 that shows the text of the law as amended and in force on 10 September 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name of Regulations
4 Definitions
Part 2—Australian citizenship
5 Registration under section 18 of the Act
6 Registration under section 19E of the Act
6A Defence service requirement—prescribed visas
7 Prescribed reasons for failing to make pledge of commitment
8 Arrangements for making pledge of commitment
9 Registration under section 31 of the Act
10 Form of notice under subsection 37(3) of the Act
11 Personal Identifiers
Part 3—Other matters
12 Information and documents to accompany applications
12AA Application for replacement of evidence of Australian citizenship lost, destroyed or damaged due to a natural disaster
12A Fees to accompany applications
13 Refund of fees under subsection 46(3) of the Act
14 Form of notice under section 47 of the Act
Part 4—Transitional arrangements
20 Operation of Part 4
21 Transitional arrangements—amendments made by Migration Legislation Amendment Regulation 2012 (No. 2)
22 Transitional arrangements—amendments made by Migration Legislation Amendment Regulation 2012 (No. 5)
25 Amendments made by the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014
26 Amendments made by the Australian Citizenship Amendment (Credit Card Surcharge) Regulation 2014
27 Amendments made by the Migration Legislation Amendment…
Overview
The Australian Citizenship Regulations 2007 were enacted to provide the detailed mechanisms and procedures necessary to implement the provisions of the Australian Citizenship Act 2007. This legislative instrument was made under the authority of the Australian Parliament and is aimed at ensuring the effective administration of Australian citizenship, including processes for registration, the making of a pledge of commitment, and the handling of applications for citizenship. The Regulations establish the framework for citizenship ceremonies, the collection of fees, and the conditions under which citizenship may be acquired or lost. The objective of these Regulations is to facilitate a smooth and orderly process for the conferral and administration of Australian citizenship, in line with the overarching policy goals set out in the Act.
Scope and Application
The Australian Citizenship Regulations 2007, made under the Australian Citizenship Act 2007, apply to individuals seeking Australian citizenship or those affected by citizenship-related processes. These regulations outline the procedures for registration of citizenship by descent, adoption, or resumption, and the requirements for making a pledge of commitment. They cover aspects such as the information and documents to be submitted with applications, fees, and the conditions under which fees may be refunded. The regulations also detail the arrangements for making the pledge of commitment, which must be done in public if reasonably practicable, and specify the prescribed reasons for failing to make the pledge, such as administrative errors or being overseas for medical treatment. The application of these regulations is primarily within the jurisdiction of the Commonwealth of Australia, and they are subject to amendments through subordinate instruments, with specific transitional provisions for various amendments made in subsequent years. The regulations include definitions for terms such as "Australian mission overseas" and "pledge of commitment," and they specify the forms of notices and the personal identifiers to be provided by applicants. Additionally, the regulations address the circumstances under which evidence of Australian citizenship may be replaced if lost, destroyed, or damaged due to a natural disaster, and they set out the fees applicable to citizenship applications, including surcharges for credit card and PayPal payments.
Key Provisions
- The Australian Citizenship Regulations 2007 detail various provisions and requirements related to the application, registration, and administrative processes for Australian citizenship under the Australian Citizenship Act 2007. Under section 5, a person is registered as an Australian citizen by descent when the Minister records the fact of their citizenship and includes it in the Department's data storage system. Similarly, under section 6, a person is registered as an Australian citizen by adoption if the Minister records the fact of their citizenship in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement, and includes it in the Department's data storage system. Section 6A specifies certain prescribed visas for the purposes of Defence service requirements under the Act. Section 7 outlines the prescribed reasons for failing to make a pledge of commitment, including being prevented by the Minister from making a pledge, being overseas for specific reasons such as medical treatment or care for a critically ill person, or due to an administrative error or omission. The arrangements for making the pledge of commitment, as per section 8, must be in public if reasonably practicable, and the person administering the pledge must read a specified address to the applicant. Under section 9, a person is registered as an Australian citizen by resumption of citizenship when the Minister records this fact and includes it in the Department's data storage system. Section 10 specifies the form of notice under subsection 37(3) of the Act, which must be given in accordance with the form in Schedule 2, with the Minister's signature potentially being a facsimile that is printed or stamped.
- The obligations and requirements imposed by the Regulations include the necessity for applications for citizenship to be accompanied by information or documents in English, or with an official translation if not originally in English, as per section 12. Section 12A outlines the fees that must accompany applications, including specific surcharges for payments made by credit card or PayPal. The Regulations also mandate the provision of certain information to applicants regarding personal identifiers, as stipulated in section 11. Furthermore, the Minister is authorised to refund fees under certain circumstances, such as incorrect advice given by the Department or a departmental error, as detailed in section 13.
- Section 15 of the Regulations imposes penalties and consequences for breaches. While the Regulations themselves do not explicitly state penalties, violations of the Australian Citizenship Act 2007, which the Regulations support, can lead to civil and criminal consequences, including fines and imprisonment. The specific penalties are detailed in the Act, which the Regulations implement and enforce.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Legislative Instrument
- Concepts
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Fees to accompany applications
- Commencement Provisions
