Australian Citizenship (Transitionals and Consequentials) Act 2007 (21 of 2007)

Schedule 3   Application and transitional provisions

Part 1   Provisions relating to the enactment of the Australian Citizenship Act 2007

7   Applications under the old Act

Old descent applications

(1) If a person's application (the old application ) made under section 10B, 10C or 11 of the old Act had not been decided immediately before the commencement day, the old application is, on and from the commencement day, taken to be an application (a new application ) to become an Australian citizen made under section 16 of the new Act.

Note: The new application will be assessed under Subdivision A of Division 2 of Part 2 of the new Act. Subitem (7) is also relevant to this assessment.

Old certificate by grant and stateless applications

(2) If a person's application (the old application ) made under section 13 or 23D of the old Act had not been decided immediately before the commencement day, the old application is, on and from the commencement day, taken to be an application (a new application ) to become an Australian citizen made under section 21 of the new Act.

Note: The new application will be assessed under Subdivision B of Division 2 of Part 2 of the new Act. Subitems (7) and (8) are also relevant to this assessment.

Old renunciation applications

(3) If:

(a) a person had made a declaration (the old declaration ) renouncing the person's Australian citizenship under section 18 of the old Act before the commencement day; and

(b) the Minister had not registered the old declaration or refused to register the old declaration immediately before that day;

the old declaration is, on and from the commencement day, taken to be an application (a new application ) to renounce the person's Australian citizenship made under section 33 of the new Act.

Note: The new application will be assessed under Division 3 of Part 2 of the new Act. Subitem (7) is also relevant to this assessment.

Old resumption applications

(4) If:

(a) a person had given the Minister a statement and declaration (the old declaration ) under subsection 23AA(1) or 23AB(1) of the old Act before the commencement day; and

(b) the Minister had not registered the old declaration or refused to register the old declaration immediately before that day;

the old declaration is, on and from the commencement day, taken to be an application (a new application ) to become an Australian citizen again made under section 29 of the new Act.

Note: The new application will be assessed under Subdivision C of Division 2 of Part 2 of the new Act. Subitem (7) is also relevant to this assessment.

(5) If:

(a) an application (the old application ) had been made under subsection 23AA(2) or 23AB(3) of the old Act before the commencement day in relation to a child; and

(b) the child satisfied paragraphs 23AA(2)(a), (b) and (c) or 23AB(3)(a), (b) and (c), as the case requires, at the time that application was made; and

(c) the Minister had not decided the application immediately before the commencement day;

the old application is, on and from the commencement day, taken to be an application (a new application ) to become an Australian citizen again made under section 29 of the new Act.

Note: The new application will be assessed under Subdivision C of Division 2 of Part 2 of the new Act. Subitem (7) is also relevant to this assessment.

(6) If:

(a) a person had given the Minister a declaration (the old declaration ) under section 23B of the old Act before the commencement day; and

(b) the Minister had not registered the old declaration or refused to register the old declaration immediately before that day;

the old declaration is, on and from the commencement day, taken to be an application (a new application ) to become an Australian citizen again made under section 29 of the new Act.

Note: The new application will be assessed under Subdivision C of Division 2 of Part 2 of the new Act. Subitem (7) is also relevant to this assessment.

Assessing new applications under the new Act

(7) In assessing a new application under the new Act, a reference in the new Act to the time the person made the application is taken to be a reference to the time the old application or the old declaration, as the case requires, was made under the old Act.

Note: The new application will be assessed under the provisions of the new Act. The effect of this subitem is that some of those provisions will be applied at the time the old application or the old declaration, as the case requires, was made under the old Act.

(8) In applying section 22 of the new Act to a new application covered by subitem (2), subsections 22(1) to (2), (4A) and (5A) of the new Act do not apply and the following subsections of section 22 of the new Act apply instead:

(1) For the purposes of section 21, a person satisfies the residence requirement if the person has been present in Australia as a permanent resident for:

(a) a total period of at least 1 year in the period of 2 years before the day the person made the application; and

(b) a total period of at least 2 years in the period of 5 years before that day.

(2) Paragraph (1)(b) does not apply if the person:

(a) was born in Australia; or

(b) was an Australian citizen at any time before the person made the application.

(3) For the purposes of subsection (1), the Minister must not take into account any period during which the person has been:

(a) confined in a prison; or

(b) confined in a psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law in relation to the person.

(4) The Minister may treat a period as one in which the person was present in Australia as a permanent resident if:

(a) the person was engaged in activities during that period that the Minister considers to be beneficial to Australia; and

(b) the person was not present in Australia during that period but was a permanent resident during that period.