Compilation No. 30
Compilation date: 8 December 2023
Includes amendments up to: Act No. 109, 2023
Registered: 11 December 2023
About this compilation
This is a compilation of the Australian Citizenship Act 2007 that shows the text of the law as amended and in force on 8 December 2023 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
2A Simplified outline
7 Children born on ships or aircraft or after death of parent
8 Children born as a result of artificial conception procedures or surrogacy arrangements
11 Operation of Act
Part 2--Australian citizenship
Division 1--Automatic acquisition of Australian citizenship
11A Simplified outline
12 Citizenship by birth
13 Citizenship by adoption
14 Citizenship for abandoned children
15 Citizenship by incorporation of Territory
Division 2--Acquisition of Australian citizenship by application
Subdivision A--Citizenship by descent
15A Simplified outline
16 Application and eligibility for citizenship
17 Minister's decision
19 Day citizenship begins
19A When a person does not become a citizen despite the Minister's approval
Subdivision AA--Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement
19B Simplified outline
19C Application and eligibility for citizenship
19D Minister's decision
19F Day citizenship begins
Subdivision B--Citizenship by conferral
19G Simplified outline
20 Requirements for becoming a citizen
21 Application and eligibility for citizenship
22 General residence requirement
22A Special residence requirement--persons engaging in activities that are of benefit to Australia
22B Special residence requirement--persons engaged in particular kinds of work requiring regular travel outside Australia
22C Special residence requirement--legislative instruments
23 Defence service requirement
23A Citizenship test
24 Minister's decision
25 Minister may cancel approval
26 Pledge of commitment must be made
27 How pledge of commitment is to be made
28 Day citizenship begins etc.
Subdivision C--Resuming citizenship
28A Simplified outline
29 Application and eligibility for resuming citizenship
30 Minister's decision
32 Day citizenship begins again etc.
Subdivision A--Simplified outline of this Division
32A Simplified outline of this Division
Subdivision B--Citizenship renunciation and revocation
33 Renunciation by application
34 Revocation by Minister--offences or fraud
34A Revocation by Minister--special residence requirements
36 Children of responsible parents who cease to be citizens
Subdivision C--Citizenship cessation
36A Purpose of this Subdivision
36B Cessation of citizenship if citizenship cessation order made by court etc.
36C Citizenship cessation order if person is convicted of serious offence
36D Application by the Minister for a citizenship cessation order
36L No resumption of citizenship if citizenship ceases under this Subdivision
38 Surrender of evidentiary notice
39 Altering evidentiary notice
Division 5--Personal identifiers
Subdivision B--Obligations relating to identifying information
44 Unauthorised modification or impairment of identifying information
Part 3--Other matters
Division 1--Bogus documents
45A Prohibition on, and forfeiture of, bogus documents
45C Document condemned as forfeited
45D Dealing with a document after it is condemned as forfeited
46 Application requirements
47 Notification of decisions
48 Computerised decision - making
49 Evidence of whether computer program is functioning correctly
50 False statements or representations
51 Geographical jurisdiction for offences
51A Things seized under Crimes Act search warrant and information about such things
51B Reports to Parliament
52 Review of decisions
Schedule 1--Pledge of commitment as a citizen of the Commonwealth of Australia
1 Form of pledge no. 1
2 Form of pledge no. 2
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003 .
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.