Australian Citizenship (Transitionals and Consequentials) Act 2007
No. 21, 2007
Compilation No. 5
Compilation date: 1 July 2015
Includes amendments up to: Act No. 60, 2015
Registered: 10 August 2015
About this compilation
This compilation
This is a compilation of the Australian Citizenship (Transitionals and Consequentials) Act 2007 that shows the text of the law as amended and in force on 1 July 2015 (the compilation date).
This compilation was prepared on 10 August 2015.
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 ComLaw (www.comlaw.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 ComLaw 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.
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 ComLaw 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Consequential amendments
Part 1—Amendments
Administrative Appeals Tribunal Act 1975
Age Discrimination Act 2004
Air Navigation Act 1920
Australian Passports Act 2005
Australian Security Intelligence Organisation Act 1979
Circuit Layouts Act 1989
Civil Aviation (Carriers’ Liability) Act 1959
Commonwealth Electoral Act 1918
Commonwealth Serum Laboratories Act 1961
Consular Privileges and Immunities Act 1972
Copyright Act 1968
Crimes Act 1914
Criminal Code Act 1995
Diplomatic Privileges and Immunities Act 1967
Electronic Transactions Act 1999
Financial Transaction Reports Act 1988
Higher Education Funding Act 1988
Legislative Instruments Act 2003
Qantas Sale Act 1992
Veterans’ Entitlements Act 1986
Part 2—Repeal
Australian Citizenship Act 1948
Schedule 2—Other amendments
Immigration (Education) Act 1971
Schedule 3—Application and transitional provisions
Part 1—Provisions relating to the enactment of the Australian Citizenship Act 2007
Part 2—Provisions relating to the amendments made by Schedules 1 and 2 to this Act
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to provide for transitional and consequential matters relating to the enactment of the Australian Citizenship Act 2007, and for other purposes
1 Short title
This Act may be cited as the Australian Citizenship (Transitionals and Consequentials) Act 2007.
2 Commencement
Overview
The Australian Citizenship (Transitionals and Consequentials) Act 2007 was enacted to address the transitional and consequential matters arising from the introduction of the Australian Citizenship Act 2007, which replaced the Australian Citizenship Act 1948. This legislation was introduced to ensure a smooth transition from the old Act to the new one, while also updating and aligning various other Acts with the new citizenship laws. The Act was passed by the Australian Parliament and received Royal Assent on 15 March 2007. The primary policy objective of this Act is to facilitate the integration of the new citizenship framework into the broader legal and administrative systems of Australia.
Scope and Application
The Australian Citizenship (Transitionals and Consequentials) Act 2007 (C2007A00021) provides for transitional and consequential matters following the enactment of the Australian Citizenship Act 2007. The Act applies to persons who were Australian citizens under the Australian Citizenship Act 1948 immediately before the commencement day, which is the day on which sections 2A to 54 of the Australian Citizenship Act 2007 commenced. The Act also applies to various legislative instruments and amendments to other Acts, including the Administrative Appeals Tribunal Act 1975, the Age Discrimination Act 2004, and the Commonwealth Electoral Act 1918. The Act provides for the continuation of criminal proceedings under the Australian Citizenship Act 1948 and the application of certain provisions to new applications made under the Australian Citizenship Act 2007. The Act also makes amendments to various Acts, including the Australian Passports Act 2005, the Criminal Code Act 1995, and the Financial Transaction Reports Act 1988. The Act repeals the Australian Citizenship Act 1948 and includes transitional provisions for the enactment of the Australian Citizenship Act 2007.
Key Provisions
- The Australian Citizenship (Transitionals and Consequentials) Act 2007 (the Act) provides for transitional and consequential matters following the enactment of the Australian Citizenship Act 2007. It includes provisions that amend or repeal existing laws and ensure the smooth transition of citizenship matters from the Australian Citizenship Act 1948 to the new Act. The Act also addresses various transitional arrangements for individuals who were Australian citizens under the old Act or had pending applications for citizenship, renunciation, resumption, or conferral at the time of the commencement of the new Act. The Act requires the repeal of the Australian Citizenship Act 1948 and makes consequential amendments to several other Acts to reflect the changes introduced by the new Act.
- The Act imposes obligations on several entities, including the Minister for Immigration and Border Protection, who must ensure the proper application and enforcement of the Act and its associated regulations. Additionally, the Act requires the continuation of certain criminal proceedings and reviews under the repealed Australian Citizenship Act 1948. It also mandates that certain applications made under the old Act be treated as new applications under the new Act, subject to the provisions of the new Act.
- The Act sets out various offences and penalties for breaches of the Australian Citizenship Act 2007 and its associated regulations. These include penalties for making false or misleading statements in an application for Australian citizenship, engaging in migration-related fraud, and contravening certain provisions of the Act. The maximum penalties for these offences can vary, depending on the specific offence and the circumstances of the case. In some instances, the penalties may include fines, imprisonment, or both. It is important to note that the penalties for offences under the Australian Citizenship Act 2007 itself are not detailed in the Act but are instead contained within the Act itself and its associated regulations.
- Area of Law
- Citizenship Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Citizenship by Descent
- Citizenship by Conferral
- Citizenship by Birth
