Home Affairs Legislation Amendment (2025 Measures No. 2) Act 2025

Home Affairs Legislation Amendment (2025 Measures No. 2) Act 2025

No. 70, 2025

An Act to amend the law relating to migration and citizenship, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Personal identifiers

Part 1—Amendments

Australian Citizenship Act 2007

Migration Act 1958

Part 2—Application of amendments and validation

Schedule 2—Special residence requirements for citizenship

Part 1—Amendments

Australian Citizenship Act 2007

Part 2—Application of amendments

Home Affairs Legislation Amendment (2025 Measures No. 2) Act 2025

No. 70, 2025

An Act to amend the law relating to migration and citizenship, and for related purposes

[Assented to 1 December 2025]

The Parliament of Australia enacts:

1  Short title

  This Act is the Home Affairs Legislation Amendment (2025 Measures No. 2) Act 2025.

2  Commencement

 (1) Each provision of this Act 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.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Personal identifiers

Part 1—Amendments

Australian Citizenship Act 2007

1  Section 3

Insert:

citizenship law means:

 (a) this Act; and

 (b) the regulations; and

 (c) any legislative instrument made under this Act or the regulations.

2  Paragraph 10(1)(c)

Omit “and shoulders”.

3  At the end of paragraph 10(1)(c)

Add:

Note: See section 10A.

4  After section 10

Insert:

10A  References to photograph or other image of person’s face

  A reference in the citizenship law to a photograph or other image of a person’s face includes a reference to a photograph or other image of:

 (a) the person’s face and all or part of the person’s neck; or

 (b) the person’s face and neck and all or part of the person’s shoulders.

10B  Providing photographs and other images of faces to the Minister or authorised persons

 (1) This section applies if:

 (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to the Minister; and

 (b) for the purposes of that requirement:

 (i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and

 (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.

 (2) This section also applies if:

 (a) the citizenship law requires a person to provide a photograph or other image of the person’s face to a person mentioned in paragraph 40(1)(d) or (e); and

 (b) for the purposes of that requirement:

 (i) the person provides to a person mentioned in paragraph 40(1)(d) or (e) (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and

 (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.

 (3) For the purposes of the citizenship law, the person is taken to provide the derived image to the recipient for the purposes of the requirement mentioned in paragraph (1)(a) or (2)(a) of this section.

5  Subparagraph 45(2)(a)(ii)

Omit “and shoulders”.

Migration Act 1958

6  Subsection 5(1)

Insert:

migration law means:

 (a) this Act; and

 (b) the regulations; and

 (c) any legislative instrument made under this Act or the regulations.

7  Subsection 5A(1) (paragraph (c) of the definition of personal identifier)

Omit “and shoulders”.

8  Subsection 5A(1) (at the end of paragraph (c) of the definition of personal identifier)

Add:

Note: See section 5BA.

9  After section 5B

Insert:

5BA  References to photograph or other image of person’s face

  A reference in the migration law to a photograph or other image of a person’s face includes a reference to a photograph or other image of:

 (a) the person’s face and all or part of the person’s neck; or

 (b) the person’s face and neck and all or part of the person’s shoulders.

5BB  Providing photographs and other images of faces to authorised systems

 (1) Subsections (2) and (3) apply if:

 (a) a provision of the migration law uses the expression “authorised system”; and

 (b) the provision requires a person to provide to an authorised system a photograph or other image of the person’s face; and

 (c) for the purposes of that requirement, the person submits to the authorised system collecting:

 (i) a photograph or other image of the person’s face; or

 (ii) a photograph or other image from which the authorised system can derive (such as by cropping) a photograph or other image of the person’s face.

 (2) For the purposes of the migration law, if the authorised system collects a photograph or other image of the person’s face, the person is taken to provide the photograph or other image to the authorised system for the purposes of the requirement mentioned in paragraph (1)(b).

 (3) For the purposes of the migration law, if:

 (a) the authorised system collects a photograph or other image from which the authorised system can derive (such as by cropping) a photograph or other image of the person’s face; and

 (b) the authorised system derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the authorised system collects;

the person is taken to provide the derived image to the authorised system for the purposes of the requirement mentioned in paragraph (1)(b).

 (4) When used in this section (other than in paragraph (1)(a) of this section), authorised system has the same meaning as when used in the provision mentioned in paragraph (1)(a).

5BC  Providing photographs and other images of faces to Minister and authorised officers

 (1) Subsection (3) applies if:

 (a) the migration law requires a person to provide a photograph or other image of the person’s face to the Minister; and

 (b) for the purposes of that requirement:

 (i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and

 (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.

 (2) Subsection (3) also applies if:

 (a) a provision of the migration law uses the expression “authorised officer”; and

 (b) the provision requires a person to provide a photograph or other image of the person’s face to an authorised officer; and

 (c) for the purposes of that requirement:

 (i) the person provides to an authorised officer (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and

 (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.

 (3) For the purposes of the migration law, the person is taken to provide the derived image to the recipient for the purposes of the requirement mentioned in paragraph (1)(a) or (2)(b).

 (4) When used in this section (other than in paragraph (2)(a) of this section), authorised officer has the same meaning as when used in the provision mentioned in paragraph (2)(a).

10  Paragraphs 166(1)(d), 170(1)(d), 175(1)(d), 261AA(1A)(c), 261AL(1)(b) and 261AM(1)(b)

Omit “and shoulders”.

11  Subsections 336FA(1) and 336FC(1) (note)

Omit “and shoulders”.

12  Subparagraph 336K(2)(a)(ii)

Omit “and shoulders”.

Part 2—Application of amendments and validation

13  Definitions

In this Part:

citizenship law has the same meaning as in the Australian Citizenship Act 2007.

commencement means the commencement of this Schedule.

do a thing includes:

 (a) make a decision (however described); and

 (b) exercise a power, perform a function, comply with an obligation or discharge a duty; and

 (c) do anything else;

and purport to do a thing has a corresponding meaning.

migration law has the same meaning as in the Migration Act 1958.

relevant citizenship and migration law means:

 (a) the citizenship law; and

 (b) the migration law; and

 (c) any other law of the Commonwealth to the extent that the other law relates to a matter arising under the citizenship law or the migration law.

14  Application of amendments

The amendments made by Part 1 apply in relation to providing a photograph or image before, on or after commencement.

15  Requirement to provide photographs and other images taken to have been satisfied

(1) This item applies if:

 (a) before commencement, the citizenship law or the migration law required a person to provide a photograph or other image of the person’s face and shoulders; and

 (b) before commencement, the person, for or purportedly for the purposes of that requirement, provided a photograph or other image of:

 (i) the person’s face; or

 (ii) the person’s face and all or part of the person’s neck; or

 (iii) the person’s face and neck and part of the person’s shoulders; and

 (c) the person would, apart from this item, not have satisfied that requirement; and

 (d) the person would have satisfied that requirement if the photograph or other image had been a photograph or other image of the person’s face and shoulders.

(2) The person is taken to have satisfied that requirement.

(3) Furthermore, the relevant citizenship and migration law applies, and is taken to have always applied, in relation to the photograph or other image mentioned in paragraph (1)(b) in the same way as the relevant citizenship and migration law applies or applied in relation to a photograph or other image of the person’s face and shoulders.

(4) To avoid doubt:

 (a) if the requirement mentioned in paragraph (1)(a) is a requirement under the citizenship law—section 10B of the Australian Citizenship Act 2007 applies for the purposes of paragraph (1)(b) of this item in the same way as that section applies for the purposes of the citizenship law; and

 (b) if the requirement mentioned in paragraph (1)(a) is a requirement under the migration law—sections 5BB and 5BC of the Migration Act 1958 apply for the purposes of paragraph (1)(b) of this item in the same way as those sections apply for the purposes of the migration law.

Note: For the application of the sections mentioned in paragraph (a) or (b) of this subitem to providing a photograph or other image before commencement (as mentioned in paragraph (1)(b)), see item 14.

16  Validation of things done

(1) This item applies if a thing done, or purportedly done, before commencement:

 (a) is a thing done under the citizenship law or the migration law; and

 (b) was done in relation to a photograph or other image of:

 (i) a person’s face; or

 (ii) a person’s face and all or part of the person’s neck; or

 (iii) a person’s face and neck and part of the person’s shoulders; and

 (c) would, apart from this item, be wholly or partly invalid only because the photograph or other image was not a photograph or other image of the person’s face and shoulders.

(2) The following are taken for all purposes to be valid and to have always been valid:

 (a) the thing mentioned in subitem (1);

 (b) anything done, or purported to be done, under or for the purposes of the relevant citizenship and migration law, whether before, on or after commencement, that relates to the thing mentioned in subitem (1).

(3) To avoid doubt, the validation in subitem (2) applies despite any effect it may have on the accrued rights of any person.

17  Application of this Part in relation to civil or criminal proceedings

(1) For the purpose of applying this Part in relation to civil or criminal proceedings, this Part applies in relation to:

 (a) civil or criminal proceedings instituted on or after commencement; and

 (b) civil or criminal proceedings instituted before commencement, being proceedings that are concluded on or after commencement.

(2) To avoid doubt, a reference in subitem (1) to instituting proceedings includes bringing an appeal (within the meaning of the Judiciary Act 1903).

Note: An example of an appeal mentioned in subitem (2) is an appeal to the High Court under section 73 of the Constitution.

18  Items do not limit each other

The following provisions do not limit each other:

 (a) item 14;

 (b) item 15;

 (c) item 16.

Schedule 2—Special residence requirements for citizenship

Part 1—Amendments

Australian Citizenship Act 2007

1  Subsection 22A(1A)

Omit “paragraphs (1)(d) to (g)”, substitute “paragraphs (1)(c) to (g)”.

2  Paragraph 22A(1A)(a)

Omit “paragraphs (1)(a), (b) and (c)”, substitute “paragraphs (1)(a) and (b)”.

3  Paragraphs 22A(1A)(e) and (f)

Repeal the paragraphs, substitute:

 (e) the applicant has given the Minister an undertaking in a form approved by the Minister under subsection (8); and

 (f) the applicant has declared, in the undertaking, that:

 (i) if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection, the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and

 (ii) the applicant understands the effect of section 34A.

4  Paragraph 34A(1)(c)

Repeal the paragraph, substitute:

 (c) in a case in which the power was exercised under subsection 22A(1A)—the Minister is satisfied that the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; and

 (d) in a case in which the power was exercised under subsection 22B(1A)—the Minister is satisfied that:

 (i) the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; or

 (ii) the person will not be, or was not, present in Australia for a total of at least 180 days during that 2‑year period.

Part 2—Application of amendments

5  Applications for citizenship

The amendments of section 22A of the Australian Citizenship Act 2007 made by Part 1 of this Schedule apply in relation to an application under section 21 of that Act for citizenship made before, on or after the commencement of this Schedule.

6  Revocation of citizenship

The amendment of section 34A of the Australian Citizenship Act 2007 made by Part 1 of this Schedule applies in relation to a person who is an Australian citizen whether the person became an Australian citizen before, on or after the commencement of this Schedule.

[Minister’s second reading speech made in—

House of Representatives on 8 October 2025

Senate on 3 November 2025]