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

8   Person granted certificate of citizenship under the old Act but not an Australian citizen under the old Act

(1) If:

(a) a person has been granted a certificate of Australian citizenship under section 13 of the old Act before the commencement day; and

(b) the certificate is in force immediately before that day; and

(c) the person has not become an Australian citizen under section 15 of the old Act immediately before that day;

the certificate is, on and from the commencement day, taken to be an approval given to the person under section 24 of the new Act.

Cancellation of approval under the new Act

(2) For the purposes of applying section 25 of the new Act to such an approval:

(a) if the person was granted the certificate of Australian citizenship under subsection 13(1) of the old Act - paragraph 25(2)(a) of the new Act is taken to apply to the person; and

(b) the reference in paragraph 25(3)(a) of the new Act to the day on which the person received notice of the approval is taken to be a reference to the day on which the person was notified of the Minister's decision under section 13 of the old Act to grant the certificate.

Deferral of pledge of commitment under old Act

(3) If a decision is in force under subsection 14C(1) of the old Act immediately before the commencement day, the decision is, on and from the commencement day, taken to be a determination made under subsection 26(3) of the new Act.


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