Australian Citizenship Act 2007 (Cth)

Australian Citizenship Act 2007

No. 20, 2007

Compilation No. 31

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

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 14 October 2024 (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.

Uncommenced amendments

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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 2A Simplified outline 3 Definitions 4 Australian citizen 5 Permanent resident 6 Responsible parent 6A National security offences 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 9 Confinement in prison or psychiatric institution 10 Personal identifiers 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 18 Registration 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 19E Registration 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 31 Registration 32 Day citizenship begins again etc. Division 3—Cessation of Australian citizenship 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 Division 4—Evidence of Australian citizenship 37 Evidence of Australian citizenship 38 Surrender of evidentiary notice 39 Altering evidentiary notice Division 5—Personal identifiers Subdivision A—Obtaining personal identifiers 40 Request for personal identifiers 41 Provision of personal identifiers Subdivision B—Obligations relating to identifying information 42 Accessing identifying information 43 Disclosing identifying information 44 Unauthorised modification or impairment of identifying information 45 Destroying identifying information Part 3—Other matters Division 1—Bogus documents 45A Prohibition on, and forfeiture of, bogus documents 45B Seizure of bogus documents 45C Document condemned as forfeited 45D Dealing with a document after it is condemned as forfeited Division 2—Other 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 53 Delegation 54 Regulations 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 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to Australian citizenship Preamble The Parliament recognises that Australian citizenship represents full and formal membership of the community of the Commonwealth of Australia, and Australian citizenship is a common bond, involving reciprocal rights and obligations, uniting all Australians, while respecting their diversity. The Parliament recognises that persons conferred Australian citizenship enjoy these rights and undertake to accept these obligations: (a) by pledging loyalty to Australia and its people; and (b) by sharing their democratic beliefs; and (c) by respecting their rights and liberties; and (d) by upholding and obeying the laws of Australia.