Citizenship (Authorisation) Revocation and Authorisation Instrument 2017, IMMI 17/098

Administered by Department of Home Affairs

Legislation au F2017L01044 Not in force Legislative Instrument

Legislation content

 

Citizenship (Authorisation) Revocation and Authorisation Instrument 2017, IMMI 17/098

made under subsection 27(5) of the Australian Citizenship Act 2007

 

Compilation No. 1  

Compilation date:   24 August 2017

Includes amendments up to: F2017L01074

 

About this compilation

 

This compilation

This is a compilation of the Citizenship (Authorisation) Revocation and Authorisation Instrument 2017, IMMI 17/098 that shows the text of the law as amended and in force on 24 August 2017 (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.

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.

Selfrepealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.  

 

 

I, ALEX HAWKE, Assistant Minister for Immigration and Border Protection, acting under subsection 27(5) of the Australian Citizenship Act 2007 (the Act):

  1. REVOKE Instrument 15/064 (F2015L01358), signed on 17 August 2015; and

 

2.       AUTHORISE:

 

a)      a class of persons; or

 

b)      a person;

holding, or occupying, or performing the duties of, a position specified in the Schedule to this Instrument, to receive a pledge of commitment. 

 

 

 

 

 

 

 

 

 

Schedule

Persons or classes of persons authorised to receive a pledge of commitment under subsection 27 of the Act:

 

  1. Governor-General of the Commonwealth of Australia.
  2. All Members of the House of Representatives of the Parliament of the Commonwealth of Australia.
  3. All Members of the Senate of the Parliament of the Commonwealth of Australia.
  4. An entrusted person of the Department of Immigration and Border Protection, as defined in section 3 of the Act, who is located in a State or Territory Office, or Regional Office, excluding Headquarters, and who is:

(a)          an Australian citizen;

(b)          performing duties under, or for the purposes of, the
Australian Citizenship Act 2007; and

(c)          holding, or occupying, or performing the duties of, a position classified as:

(i)            Senior Executive Service, Band Three, Two or One;

(ii)         Executive Level Two or Executive Level One (EL2 or EL1); or

(iii)       Australian Public Service, Levels Six, Five or Four (APS6, APS5 or APS4).

 

5.             An entrusted person of the Department of Immigration and Border Protection, as defined in section 3 of the Act, who is located at Headquarters, and who is:

(a)          an Australian citizen;

(b)          the holder of, or is performing the duties of, a position classified as:

(i)            Secretary;

(ii)         Senior Executive Service, Band Three  (SES B3);

(iii)       Senior Executive Service, Band Two (SES B2), Visa and Citizenship Management Division, Visa and Citizenship Services;

(iv)        Senior Executive Service, Band One (SES B1), Family and Citizenship Programme Branch; or

(v)          Family and Citizenship Programme Branch:

  1. Citizenship Operations Section:
    1. Executive Level Two (EL2); or
  2. Citizenship Programme Management Section:
    1. Executive Level Two (EL2); or
  3. Stakeholder Engagement and Citizenship Ceremonies Section:
    1. Executive Level Two (EL2); or
    2. Executive Level One (EL1); or
  4. Citizenship Delivery Section:
    1. Executive Level Two (EL2).

 

6.             An entrusted person of the Department of Immigration and Border Protection, as defined in section 3 of the Act, who is in an Australian Immigration and Border Protection Office Overseas or an Australian Diplomatic Mission, and who is:

(a)          an Australian citizen; and

(b)          the holder of, or is performing the duties of, one of the following positions within the Department of Immigration and Border Protection:

(i)            Senior Executive Service, Band Three, Two or One;

(ii)         Executive Level Two or Executive Level One (EL2 or EL1); or

(iii)       Australian Public Service, Level Six (APS 6).

 

7.             A person who is an Australian citizen, and who is holding, or occupying, or performing the duties of an Australian Diplomatic Consular and Trade Representative in any of the following offices at an Australian Diplomatic Mission:

(a)          High Commissioner;

(b)          Deputy High Commissioner;

(c)          Ambassador;

(d)          Consul General;

(e)          Chargé d'Affaires;

(f)           Chargé d'Affaires ad interim;

(g)          Consul, at a post at which he or she is the Senior Australian Diplomatic Representative; or

(h)          Trade Commissioner at a post where there is no representative from the Australian Government Department of Foreign Affairs and Trade or from the Australian Government Department of Immigration and Border Protection.

8.             A person who is an Australian citizen, and who is holding, or occupying, or performing the duties of any of the following offices:

(a)          In the Australian Capital Territory:

(i)            Members of the Australian Capital Territory Legislative Assembly; or

(ii)         Director, Australian Capital Territory Office of Multicultural Affairs.

(b)          In New South Wales:

(i)            Governor of New South Wales;

(ii)         Lord Mayor of a City;

(iii)       Mayor of a local government council;

(iv)        Deputy Mayor, or Deputy Lord Mayor of  a local government council;

(v)          General Manager or CEO of a local government council; or

(vi)        Administrator of a local government council in cases where a local government council has been placed under administration.

(c)          In the Northern Territory:

(i)            Administrator of the Northern Territory;

(ii)         Lord Mayor of a City;

(iii)       Principal member of a local government council;

(iv)        Deputy principal member of a local government council;

(v)          Chief Executive Officer of a local government council;

(vi)        Chair, Nhulunbuy Town Board;

(vii)     Customs Officer, resident on Groote Eylandt; or

(viii)   Sub-Collector of Customs, Groote Eylandt.

(d)          In Queensland:

(i)            Governor of Queensland;

(ii)         Lord Mayor of a City;

(iii)       Mayor of a local government;

(iv)        Deputy Mayor of a local government;

(v)          Chief Executive Officer of a local government;

(vi)        Councillor, Brisbane City Council;

(vii)     Administrator of a local government in cases where a local government has been placed in administration;

(viii)   Councillor, Torres Strait Island Regional Council;

(ix)        Chair, Weipa Town Authority

(x)          Deputy Chair, Weipa Town Authority; or

(xi)        Superintendent, Weipa Town Authority.

 

(e)          In South Australia:

(i)            Governor of South Australia;

(ii)         Lord Mayor of a City;

(iii)       Deputy Lord Mayor of a City;

(iv)        Mayor or Chairperson of a local government council;

(v)          Deputy Mayor or Deputy Chairperson of a local government council;

(vi)        Administrator of a Municipality, or local government council in cases where a Municipality or local government council has been placed in administration;

(vii)     Chief Executive of a local government council;

(viii)   Secretary, Woomera Board; or

(ix)        President, Andamooka Progress and Opal Miners Association.

(f)           In Tasmania:

(i)            Governor of Tasmania;

(ii)         Lord Mayor of a City;

(iii)       Deputy Lord Mayor of a City;

(iv)        Mayor of a local government council;

(v)          Deputy Mayor of a local government council;

(vi)        General Manager of a local government council; or

(vii)     Administrator of a local government council in cases where a local government council has been placed in administration.

(g)          In Victoria:

(i)            Governor of Victoria;

(ii)         Lord Mayor of a City;

(iii)       Mayor of a local government council, except the Mayor of the City of Yarra Council and Mayor of the Darebin City Council;

(iv)        Deputy Mayor of a local government council, except the Deputy Mayor of the City of Yarra Council and the Deputy Mayor of the Darebin City Council;

(v)          Chief Executive Officer of a local government council, except the Chief Executive Officer of the City of Yarra Council and the Chief Executive Officer of the Darebin City Council;

(vi)        General Manager of a local government council, except the General Manager of the City of Yarra Council and the General Manager of the Darebin City Council;

(vii)     Governor-in-Council appointed Administrator of a local government council, except the City of Yarra Council and the Darebin City Council;

(viii)   Councillor, Robinvale Ward, Swan Hill, Rural City Council; or

(ix)        Administrator of a local government council, except the City of Yarra Council and the Darebin City Council, in cases where a local government council has been placed in administration.

(h)          In Western Australia:

(i)            Governor of Western Australia;

(ii)         Lord Mayor of a City;

(iii)       Mayor of a City, Municipality or Town;

(iv)        Deputy Mayor or Deputy President of a City, Municipality, Shire or Town;

(v)          Chief Executive Officer of a City, Municipality, Shire or Town;

(vi)        President of Shire Council;

(vii)     Chairman of Commissioners in cases where a local government council has been placed under administration;

(viii)   Administrator of a local government council in cases where a local government council has been placed under administration;

(ix)        Councillor, Coastal Ward, Shire of Coorow;

(x)          Councillor, Shire of East Pilbara;

(xi)        Councillor, Shire of Moora;

(xii)     Councillor, Leinster Ward, Shire of Leonora;

(xiii)   Councillor, Town of Fitzroy Crossing, Shire of Derby/West Kimberley;

(xiv)   Councillor, Town of Kununurra, Shire of Wyndham/East Kimberley;

(xv)      Councillor, Shire of Ashburton; or

(i)            In Australian External Territories:

(i)            Station Leader, Australian Antarctic Base, Casey;

(ii)         Station Leader, Australian Antarctic Base, Davis;

(iii)       Station Leader, Australian Antarctic Base, Mawson;

(iv)        President, Shire of Christmas Island;

(v)          President, Shire of Cocos (Keeling) Islands;

(vi)        Chief Executive Officer, Shire of Cocos (Keeling) Islands;

(vii)     Administrator, Norfolk Island; or

(viii)   Vice Chairman, Lord Howe Island Board.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /subsubparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Citizenship (Authorisation) Revocation and Authorisation Instrument 2017 – IMMI 17/098

16 August 2017

(F2017L01044)

17 August 2017

 

Citizenship (Authorisation) Revocation and Authorisation Amendment Instrument 2017 – IMMI 17/105

23 August 2017

(F2017L01074)

 

24 August 2017

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Subparagraph 8(g) of the Schedule

rs (F2017L01074)

 

 

 

 

 

 

 

Overview

The Citizenship (Authorisation) Revocation and Authorisation Instrument 2017 was enacted to address the need for specific individuals to administer the pledge of commitment as part of the Australian citizenship process. This legislative instrument was made under subsection 27(5) of the Australian Citizenship Act 2007 by Alex Hawke, the Assistant Minister for Immigration and Border Protection. The primary objective of this instrument is to authorise certain individuals to receive the pledge of commitment, ensuring that the administration of Australian citizenship is conducted by appropriate and authorised personnel. This legislative instrument revokes a previous instrument, IMMI 15/064, and lists various categories of individuals, including members of the Australian Parliament, public service officers within the Department of Immigration and Border Protection, and local government officials across different states and territories, who are authorised to receive the pledge of commitment. The Citizenship (Authorisation) Revocation and Authorisation Instrument 2017 includes a schedule detailing the positions and roles authorised to receive the pledge of commitment, ensuring a structured and authorised process for the administration of Australian citizenship. The instrument came into effect on 17 August 2017, as indicated by its registration and commencement dates, and includes subsequent amendments up to 24 August 2017.

Scope and Application

The Citizenship (Authorisation) Revocation and Authorisation Instrument 2017 applies to specific categories of Australian citizens holding or performing duties in certain positions within the federal government, state and territory governments, and local government, as well as in Australian diplomatic missions overseas. This instrument revokes the Citizenship (Authorisation) Instrument 2015 and authorises specified individuals to receive a pledge of commitment under the Australian Citizenship Act 2007. Authorised individuals include members of federal and state/territory parliaments, high-ranking public servants within the Department of Immigration and Border Protection, and Australian diplomatic and consular staff. The instrument provides a detailed list of positions and roles that qualify for authorisation, including various executive and managerial roles within the public service and local government sectors. The authorisation is limited to Australian citizens and is specific to roles related to immigration and citizenship duties. The instrument's provisions are applicable nationally, encompassing both mainland Australia and external territories such as Norfolk Island, Christmas Island, and the Cocos (Keeling) Islands. There are no stated exclusions or exemptions within the instrument itself, though the authority to receive the pledge of commitment is strictly limited to the specified roles and positions. The instrument may be further extended or modified by subordinate legislation as needed, though any such amendments would need to align with the overarching provisions of the Australian Citizenship Act 2007.

Key Provisions

The Citizenship (Authorisation) Revocation and Authorisation Instrument 2017 (the Instrument) operates under section 27(5) of the Australian Citizenship Act 2007 (the Act). The primary function of the Instrument is to specify the persons or classes of persons who are authorised to receive a pledge of commitment. The Instrument revokes the Citizenship (Authorisation) Instrument 2015 (F2015L01358) and authorises specific individuals and classes of individuals to receive the pledge of commitment, as outlined in the Schedule. The Schedule lists various positions within the government and diplomatic services where the pledge of commitment can be received. The obligations imposed by the Instrument are primarily on the individuals or entities specified in the Schedule. These individuals are required to adhere to the pledge of commitment, which likely involves a commitment to uphold the principles and responsibilities associated with their positions, particularly those related to citizenship and immigration processes. This pledge is a formal declaration that these individuals will act in accordance with the law and the values of the Australian government. The Instrument does not explicitly list offences, penalties, or consequences for breaches of its provisions. However, given the sensitive nature of the positions and duties outlined, any failure to uphold the pledge of commitment could potentially lead to disciplinary action, termination of employment, or other legal consequences under the relevant laws governing public service conduct and employment. The Act itself may contain provisions that address breaches of trust or misconduct by individuals in these positions, which could result in civil or criminal penalties.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration

Interactions

Authorises

All Versions

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.