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Amendments to the Australian Citizenship Act 2007 - Special Residence Requirement

21 September 2009 Legislation Change

Client summary

Schedule 2 to the Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act 2009 (the amending Act) received the Royal Assent on 21 September 2009. The Australian Citizenship Act 2007 (the Act) is amended to:

  • provide for a special residence requirement for:
    • persons seeking to engage in activities that are of benefit to Australia; and
    • certain persons engaged in particular kinds of work requiring regular travel outside Australia;
  • provide for the current "residence requirement" in section 22 of the Act to be defined as the "general residence requirement" to distinguish between the "special residence requirement" and the "general residence requirement";
  • provide for certain ministerial discretions in relation to administrative error and confinement in prison or psychiatric institutions to apply in relation to the special residence requirement; and
  • provide that the Minister may approve a person becoming an Australian citizen when the person is not present in Australia if the person satisfies the special residence requirement.

A consequential amendment is also made to the Australian Citizenship (Transitionals and Consequentials) Act 2007 (the Transitionals and Consequentials Act) to omit "residence requirement" and substitute "general residence requirement" in item 5B of Schedule 3 to the Transitionals and Consequentials Act.

Affected legislation

The following provisions of the Act are amended:

  • paragraph 21(2)(c);
  • paragraph 21(3)(c);
  • paragraph 21(4)(d);
  • subsection 22(1);
  • new section 22A;
  • new section 22B;
  • new section 22C;
  • new paragraph 24(5)(aa).

Transitional provisions

The amendments made by Schedule 2 to the amending Act apply in relation to applications for Australian citizenship made on or after 21 September 2009.

Forms

1300T and 1290.

Instructions

Australian Citizenship Instructions will be updated shortly to reflect these changes.