Revised Explanatory Memorandum
(Circulated by authority of the Minister for Immigration and Multicultural Affairs, Senator the Honourable Amanda Vanstone)Schedule 1 - Consequential amendments
PART 1 - Amendments
Administrative Appeals Tribunal Act 1975
Item 1 Paragraph 21AA(5)(c)
15. This item omits the reference to the old Act in paragraph 21AA(5)(c) of the Administrative Appeals Tribunal Act 1975 and substitutes a reference to the new Act. The only effect of this amendment is to change this reference.
Age Discrimination Act 2004
Item 2 Paragraph 43(2)(a)
16. This item repeals paragraph 43(2)(a) of the Age Discrimination Act 2004 , which refers to the old Act, and substitutes a new paragraph which refers to the new Act. The only effect of this amendment is to change this reference.
Air Navigation Act 1920
Item 3 Subsection 11A(4) (definition of Australian citizen )
17. This item repeals the definition of Australian citizen in subsection 11A(4) of the Air Navigation Act 1920 , which contains a reference to the old Act, and substitutes a new definition which refers to the new Act. The only effect of this amendment is to change this reference.
Australian Passports Act 2005
Item 4 Paragraph 53(3)(b)
18. This item repeals paragraph 53(3)(b) of the Australian Passports Act 2005 , which contains a reference to the old Act, and substitutes new paragraph (b) which refers to the new Act. The only effect of this amendment is to change this reference.
Australian Security Intelligence Organisation Act 1979
Item 5 Section 35 (paragraph (c) of the definition of prescribed administrative action )
19. This item omits the reference to the old Act in paragraph (c) of the definition of ' prescribed administrative action' in section 35 of the Australian Security Intelligence Organisation Act 1979 and substitutes a reference to the new Act. The only effect of this amendment is to change this reference.
Circuit Layout Act 1989
Item 6 Section 5 (definition of Australian protected person )
20. This item repeals the definition of ' Australian protected person' in section 5 of the Circuit Layout Act 1989 . This expression was defined as having the same meaning as in regulation 5 of the Australian Citizenship Regulations 1960 . The expression 'Australian protected person' is redundant having been removed from the Australian Citizenship Regulations 1960 by Statutory Rules 1987 No. 87 and is not otherwise used in citizenship legislation.
Item 7 Section 5 (paragraph (a) of the definition of eligible person )
21. This item omits the words 'citizen, an Australian protection' and substitutes the word 'citizen' in paragraph (a) of the definition of ' eligible person' in section 5 of the Circuit Layout Act 1989 . The expression 'Australian protected person' is redundant having been removed from the Australian Citizenship Regulations 1960 by Statutory Rules 1987 No. 87 and is not otherwise used in citizenship legislation.
Civil Aviation (Carriers' Liability) Act 1959
Item 8 Section 5 (definition of Australian citizen )
22. This item repeals the definition of ' Australian citizen' in section 5 of the Civil Aviation (Carriers' Liability) Act 1959 , which contains a reference to the old Act, and substitutes a new definition which refers to the new Act. The only effect of this amendment is to change this reference.
Commonwealth Electoral Act 1918
Item 9 Paragraph 99A(1)(a)
23. This item repeals paragraph 99(1)(a) of the Commonwealth Electoral Act 1918 , which contains a reference to the old Act, and substitutes new paragraph (a) which refers to the new Act. The only effect of this amendment is to change this reference.
Item 10 Subparagraph 99A(4)(d)(i)
24. This item omits the words 'for a certificate of Australian citizenship' in subparagraph 99A(4)(d)(i) of the Commonwealth Electoral Act 1918 with the words 'to become an Australian citizen'.
25. This amendment reflects the clarification of the process by which Australian citizenship by conferral is acquired and is evidenced in the new Act.
26. The Australian Citizenship Act 2005 clarifies this process (see Subdivision B, Division 2 of Part 2 'Acquisition of Australian citizenship by application'). Under the old Act the Minister could grant a certificate of Australian citizenship to a person provided certain requirements under that Act were met. In practice the 'grant of a certificate' was the approval of an application to become an Australian citizen. Once approval had been given to their application, a person became an Australian citizen on the making of the pledge of commitment before the Minister or delegate.
27. Evidence of Australian citizenship may be applied for and provided in the form of a notice (see Division 4 of Part 2 'Evidence of Australian citizenship'). The concept of certificates of Australian citizenship is not provided for in the new Act making references in other legislation redundant.
Item 11 Paragraph 99A(6)(b)
28. This item repeals paragraph 99A(6)(b) of the Commonwealth Electoral Act 1918 and substitutes a new paragraph. It removes the words 'certificate of Australian citizenship' and refers to the person's application to become an Australian citizen.
Item 12 Subsection 99A(7)
29. This item omits the words 'a certificate of Australian citizenship' in subsection 99A(7) of the Commonwealth Electoral Act 1918 with the words 'approval to become an Australian citizen'.
30. This amendment reflects the clarification of the process by which Australian citizenship by conferral is acquired by a person and is evidenced in the new Act
31. The Australian Citizenship Act 2005 clarifies this process (see Subdivision B, Division 2 of Part 2 'Acquisition of Australian citizenship by application'). Evidence of Australian citizenship may be applied for and provided in the form of a notice (see Division 4 of Part 2 'Evidence of Australian citizenship'). The concept of certificates of Australian citizenship is not provided for in the new Act making references in other legislation redundant.
Item 13 Subsection 99A(7)
32. This item omits the words 'the certificate of Australian citizenship' in subsection 99A(7) of the Commonwealth Electoral Act 1918 with the words 'the approval'.
33. This amendment reflects the clarification of the process by which Australian citizenship by conferral is acquired by a person and is evidenced in the new Act.
34. The Australian Citizenship Act 2005 clarifies this process (see Subdivision B, Division 2 of Part 2'Acquisition of Australian citizenship by application'). Evidence of Australian citizenship may be applied for and provided in the form of a notice (see Division 4 of Part 2 'Evidence of Australian citizenship'). The concept of certificates of Australian citizenship is not provided for in the new Act making references in other legislation redundant.
Item 14 Subsection 99A(8)
35. This item omits the words 'certificate of Australian citizenship' in subsection 99A(8) of the Commonwealth Electoral Act 1918 with the words 'approval to become an Australian citizen'.
36. This amendment reflects the clarification of the process by which Australian citizenship by conferral is acquired by a person and is evidenced in the new Act.
37. The Australian Citizenship Act 2005 clarifies this process (see Subdivision B, Division 2 of Part 2 'Acquisition of Australian citizenship by application'). Evidence of Australian citizenship may be applied for and provided in the form of a notice (see Division 4 of Part 3 'Evidence of Australian citizenship'). The concept of certificates of Australian citizenship is not provided for in the new Act making references in other legislation redundant.
Item 15 Paragraph 170(1)(c)
38. This item omits the words 'having been granted a certificate of Australian citizenship' from paragraph 170(1)(c) of the Commonwealth Electoral Act 1918 .
39. This amendment reflects the clarification of the process by which Australian citizenship by conferral is acquired by a person and is evidenced in the new Act
40. The Australian Citizenship Act 2005 clarifies this process (see Subdivision B, Division 2 of Part 2 'Acquisition of Australian citizenship by application'). Evidence of Australian citizenship may be applied for and provided in the form of a notice (see Division 4 of Part 2'Evidence of Australian citizenship'). The concept of certificates of Australian citizenship is not provided for in the new Act making references in other legislation redundant.
Item 16 Subparagraph 170(1)(c)(ii)
41. This item repeals subparagraph 170(1)(c)(ii) of the Commonwealth Electoral Act 1918 .
42. This amendment reflects changes to the process by which Australian citizenship is acquired by a person and is evidenced in the new Act.
43. The Australian Citizenship Act 2005 clarifies this process (see Subdivision B, Division 2 of Part 2 'Acquisition of Australian citizenship by application'). Evidence of Australian citizenship may be applied for and provided in the form of a notice (see Division 4 of Part 2 'Evidence of Australian citizenship'). The concept of certificates of Australian citizenship is not provided for in the new Act making references in other legislation redundant.
Commonwealth Serum Laboratories Act 1961
Item 17 Subsection 19B(1) (definition of Australian citizen )
44. This item repeals the definition of Australian citizen in subsection 19B(1) of the Commonwealth Serum Laboratories Act 1961 , which contains a reference to the old Act, and substitutes a new definition which refers to the new Act. The only effect of this amendment is to change this reference.
Consular Privileges and Immunities Act 1972
Item 18 Subsection 3(1) (definition of Australian citizen )
45. This item repeals the definition of Australian citizen in subsection 3(1) of the Consular Privileges and Immunities Act 1972 . The definition includes a person who, by virtue of regulations in force under the Nationality and Citizenship Act 1948-1967 , is, for the purposes of that Act, under the protection of the Australian Government. The expression 'Australian protected person' is redundant having been removed from the Australian Citizenship Regulations 1960 by Statutory Rules 1987 No. 87 and is not otherwise currently used in citizenship legislation.
Copyright Act 1968
Item 19 Subsection 10(1) (definition of Australian protected person )
46. This item repeals the definition of Australian protected person in subsection 10(1) of the Copyright Act 1968 . This expression involves a person who, by virtue of regulations in force under the Nationality and Citizenship Act 1948-1967 , is, for the purposes of that Act, under the protection of the Australian Government. The expression 'Australian protected person' is redundant having been removed from the Australian Citizenship Regulations 1960 by Statutory Rules 1987, No. 87, and is not otherwise currently used in citizenship legislation.
Item 20 Subsection 32(4) (definition of qualified person )
Item 21 Section 84 (paragraph (a) of the definition of qualified person )
Item 22 Section 248A(1) (definition of qualified person )
47. These items omit the reference to Australian protected person' in subsection 32(4), section 84 (paragraph (a) of the definition of qualified person) and section 248A(1). The expression is referred to as part of the meaning of qualified person. This expression involves a person who, by virtue of regulations in force under the Nationality and Citizenship Act 1948-1967 , is, for the purposes of that Act, under the protection of the Australian Government. The expression 'Australian protected person' is redundant having been removed from the Australian Citizenship Regulations 1960 by Statutory Rules 1987 No. 87 and is not otherwise currently used in citizenship legislation.
Crimes Act 1914
Item 23 Paragraph 85ZZH(d)
48. This item omits the reference to the old Act in paragraph 85ZZH(d) of the Crimes Act 1914 and substitutes a reference to the new Act. The only effect of this amendment is to change this reference.
Criminal Code Act 1995
Item 24 Subsection 72.8(2) of the Criminal Code
49. This item omits the reference to the old Act in paragraph subsection 72.8(2) of the Criminal Code and substitutes a reference to the new Act. The only effect of this amendment is to change this reference.
Item 25 Paragraph 115.7 of the Criminal Code
50. This item repeals paragraph 115.7 of the Criminal Code , which contains a reference to the old Act, and substitutes new paragraph (a) which refers to the new Act. The only effect of this amendment is to change this reference.
Diplomatic Privileges and Immunities Act 1967
Item 26 Subsection 4(1) (definition of Australian citizen )
51. This item repeals the definition of Australian citizen in subsection 4(1) of the Consular Privileges and Immunities Act 1972 . The definition includes a person who, by virtue of regulations in force under the Nationality and Citizenship Act 1948-1967 , is, for the purposes of that Act, under the protection of the Australian Government. The expression 'Australian protected person' is redundant having been removed from the Australian Citizenship Regulations 1960 by Statutory Rules 1987 No. 87 and is not otherwise currently used in citizenship legislation.
Electronic Transactions Act 1999
Item 27 Clause 2 of Schedule 1
52. This item repeals clause 2 of Schedule 1 to the Electronic Transactions Act 1999 and substitutes a new clause 2.
53. Schedule 1 lists migration and citizenship documents which are exempt from being subject to section 11 of the Electronic Transactions Act 1999 (see subsection 11(5)). Section 11 generally provides that a person may satisfy a requirement or permission to produce a document that is in the form of paper by using an electronic communication that complies with a number of requirements specified in this section. The exemption of the specified migration and citizenship documents makes it a requirement that only paper versions will be accepted. This is particularly relevant to citizenship in determining whether a person is an Australian citizen, the operation of citizenship law relating to applying for citizenship or evidence of citizenship, the cancellation, renunciation or revocation of citizenship, or the keeping of a register of citizenship.
54. The effect of new clause 2 is limited to amendments reflecting the clarification of the process when Australian citizenship by conferral is acquired by a person and is evidenced in the new Act. The Australian Citizenship Act 2005 clarifies this process (see Subdivision B, Division 2 of Part 2 'Acquisition of Australian citizenship by application'). Evidence of Australian citizenship may be applied for and provided in the form of a notice (see Division 4 of Part 2 'Evidence of Australian citizenship'). The concept of certificates of Australian citizenship is not provided for in the new Act making references in other legislation redundant.
Financial Transaction Reports Act 1988
Item 28 Subsection 3(1) (definition of citizenship certificate )
55. This item inserts the word "notice" after the word "declaration".
Item 29 Subsection 3(1) (before paragraph (a) of the definition of citizenship certificate )
56. This item inserts new paragraph (aa) which refers to the new Act in the definition of citizenship certificate in subsection 3(1) of the Financial Transaction Reports Act 1988 ('FTRA').
57. The defined expression ' citizenship certificate' in the FTRA has a broader meaning than the defined expression ' certificate of Australian citizenship' in the old Act which is limited to the grant of such a certificate under that Act. The expression 'citizenship certificate' is defined in the FTRA to mean a certificate, declaration or other instrument in respect of the person's status as an Australian citizen or British subject, or otherwise in respect of the person's nationality, issued under the new Act or the Australian Citizenship Act 1948 .
Item 30 Subsection 3(1) paragraphs (b) and (c) of the definition of citizenship certificate )
58. This item repeals the above mentioned paragraphs.
Item 31 Subsection 3(1) (definition of citizenship certificate )
59. This item omits the words "under any" and substitutes the words "under either".
Higher Education Funding Act 1988
Item 32 Section 3 (definition of permanent resident )
60. This item repeals the definition of ' permanent resident' in section 3 of the Higher Education Funding Act 1988 ('HEFA'), which contains a reference to the old Act, and substitutes a new definition which refers to the new Act. The only effect of this amendment is to change this reference.
Item 33 Section 3 (definition of permanent visa )
61. This item repeals the definition of ' permanent visa' in section 3 of the HEFA, which contains a reference to the old Act, and substitutes a new definition which refers to the Migration Act 1958 . The only effect of this amendment is to change this reference.
Item 34 Subsection 41(3)
Item 35 Paragraph 98B(1)(b)
Item 36 Paragraph 98V(b)
Item 37 Subparagraph 101(1)(d)(ii)
62. These items make identical amendments to subsection 41(3), paragraphs 98B(1)(b) and 98V(b), and subparagraph 101(1)(d)(ii) of the HEFA. The effect of these amendments is to substitute old references to the old Act, the process under that Act of applying for a certificate of Australian citizenship and making the pledge of commitment as a citizen of the Commonwealth of Australia, with new references to the new Act and the process by which a person applies for Australian citizenship and makes the required pledge. These amendments have no substantive effect.
Legislative Instruments Act 2003
Item 38 Subsection 44(2) (table item 1)
63. This item repeals item 1 of the table in subsection 44(2) of the Legislative Instruments Act 2003 (' LIA' ) which refers to certain declarations under the old Act and substitutes a new item which refers to the new Act. The only effect of this amendment is to change this reference.
Migration Act 1958
Item 39 Paragraph 336D(2)(g)
64. This item omits the reference to the old Act in paragraph 336D(2)(g) of the Migration Act 1958 and substitutes a reference to the new Act. The only effect of this amendment is to change this reference.
Qantas Sale Act 1992
Item 40 Subsection 7(7) (definition of Australian citizen )
65. This item repeals the definition of Australian citizen in subsection 7(7) of the Qantas Sale Act 1992 , which contains a reference to the old Act, and substitutes a new definition which refers to the new Act. The only effect of this amendment is to change this reference.
Veterans' Entitlements Act 1986
Item 41 Subsection 5G(1AA) (note 2)
66. This item omits the reference to the old Act in note 2 in subsection 5G(1AA) of the Veterans' Entitlements Act 1986 and substitutes a reference to the new Act. The only effect of this amendment is to change this reference.
Part 2 - Repeal
Australian Citizenship Act 1948
Item 42 The whole of the Act
67. This item repeals the Australian Citizenship Act 1948.