Skip to content

Departmental Information

Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act 2009 - Schedule 1

9 November 2009 Legislation Change

Client summary

The Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act 2009 (the Amending Act) amends the Australian Citizenship Act 2007 (the Act).  The Amending Act received the Royal Assent on 21 September 2009 and Schedule 2 to the Act also commenced on the Royal Assent. 

Schedule 1 to the Amending Act commences by Proclamation on 9 November 2009.

The Act is amended by the Amending Act to:

  • implement the recommendations of the Australian Citizenship Test Review Committee (the Review Committee) agreed to by Government and to strengthen the eligibility requirements for citizenship by conferral for applicants under 18 years of age.

In particular, Schedule 1 to the Act provides:

  • that the citizenship test must be successfully completed within a period specified by the Minister in a written determination;
  • that certain applicants may be eligible for citizenship by conferral without a requirement to have sat and successfully completed a citizenship test, if among other things, the Minister is satisfied that the person has a permanent or enduring physical or mental incapacity, at the time the person made the application, that means the person is not capable of:
    • understanding the nature of the application at that time; or
    • demonstrating a basic knowledge of the English language at that time; or
    • demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time;
  • that persons who have a permanent or enduring physical or mental incapacity at the time the person made the application to become an Australian citizen as provided in the dot point above, are exempt from the requirement to make a pledge of commitment;
  • that to be eligible for citizenship by conferral, applicants who are under 18 years of age must be permanent residents at both the time of application and the time of decision; and
  • that the citizenship testing process should be streamlined and realigned to combine citizenship testing with the citizenship application.

Affected legislation

The following provisions of the Act are amended:

  • section 19G;
  • subsection 21(2A);
  • paragraph 21(3)(d);
  • subsection 21(5);
  • subsection 23A(5);
  • paragraph 26(1)(b); and
  • subsection 46(1A).

Application of the new provisions:

The amendments apply in relation to applications made on or after 9 November 2009. However, the amendment made by subsection 21(2A) does not apply to a person if:

  • the person makes an application on or after 9 November 2009; and
  • the Minister is satisfied that the person had, before 9 November 2009, sat a test approved in a determination under section 23A of the Act and successfully completed that test (worked out in accordance with that determination).

Forms

1300T and 1290.

Instructions

ACIs will be amended to reflect these changes by 9 November 2009.