2008-2009 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009 No. , 2009 (Immigration and Citizenship) A Bill for an Act to amend the Australian Citizenship Act 2007, and for related purposes [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Schedule(s) ......................................................................................... 2 Schedule 1--Amendme nts 3 Australian Citizenship Act 2007 3 i Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009 No. , 2009 [Page Break] 2 Citizenship Act 2007, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Australian Citizenship Amendment 6 (Citizenship Test Review and Other Measures) Act 2009. 7 2 Commence ment 8 (1) Each provision of this Act specified in column 1 of the table 9 commences, or is taken to have commenced, in accordance with 10 column 2 of the table. Any other statement in column 2 has effect 11 according to its terms. 12 Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009 No. , 2009 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1 A single day to be fixed by Proclamat ion. However, if any of the provision(s) do not commence with in the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. 1 Note: This table relates only to the provisions of this Act as originally 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. 12 2 Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009 No. , 2009 [Page Break] 1 Schedule 1--Amendments 2 3 Australian Citizenship Act 2007 4 1 Section 19G 5 Omit "permanent". 6 2 Subsection 21(2A) 7 Repeal the subsection, substitute: 8 (2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if 9 the Minister is satisfied that the following apply: 10 (a) the person has sat a test approved in a determination under 11 section 23A; 12 (b) the person was eligible to sit that test (worked out in 13 accordance with that determination); 14 (c) the person started that test within the period worked out in 15 accordance with that determination and completed that test 16 within the period (the relevant test period) worked out in 17 accordance with that determination; 18 (d) the person successfully completed that test (worked out in 19 accordance with that determination) within the relevant test 20 period. 21 3 Paragraph 21(3)(d) 22 Repeal the paragraph, substitute: 23 (d) satisfies subsection (3A) or (3B); and 24 Note: The heading to subsection 21(3) is altered by omitting "Permanent physical" and 25 substituting "Physical". 26 4 After subsection 21(3) 27 Insert: 28 (3A) A person satisfies this subsection if the person has a permanent 29 physical or mental incapacity, at the time the person made the 30 application, that means the person is not capable of understanding 31 the nature of the application at that time. Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009 No. , 2009 3 [Page Break] 1 (3B) A person satisfies this subsection if the person has a physical or 2 mental incapacity, at the time the person made the application, that 3 is as a result of the person having suffered torture or trauma outside 4 Australia and that means the person: 5 (a) is not capable of understanding the nature of the application 6 at the time the person made the application; or 7 (b) is not capable of demonstrating a basic knowledge of the 8 English language at that time; or 9 (c) is not capable of demonstrating an adequate knowledge of 10 Australia and of the responsibilities and privileges of 11 Australian citizenship at that time. 12 5 Subsection 21(5) 13 Repeal the subsection, substitute: 14 Person aged under 18 15 (5) A person is eligible to become an Australian citizen if the Minister 16 is satisfied that the person: 17 (a) is aged under 18 at the time the person made the application; 18 and 19 (b) is a permanent resident: 20 (i) at the time the person made the application; and 21 (ii) at the time of the Minister's decision on the application. 22 6 After subsection 23A(5) 23 Insert: 24 Period for sitting and completing the test 25 (5A) A determination under subsection (1) may provide for the period 26 within which a person must start the test and for the period within 27 which a person must complete the test. 28 7 After paragraph 26(1)(b) 29 Insert: 30 (ba) has a physical or mental incapacity, at the time the person 31 made the application to become an Australian citizen, that is 32 as a result of the person having suffered torture or trauma 33 outside Australia and that means the person: 4 Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009 No. , 2009 [Page Break] 1 (i) is not capable of understanding the nature of the 2 application at the time the person made the application; 3 or 4 (ii) is not capable of demonstrating a basic knowledge of 5 the English language at that time; or 6 (iii) is not capable of demonstrating an adequate knowledge 7 of Australia and of the responsibilities and privileges of 8 Australian citizenship at that time; or 9 8 Subsection 46(1A) 10 Repeal the subsection, substitute: 11 (1A) For applications made under section 21 by persons who, in order to 12 be eligible to become an Australian citizen under subsection 21(2), 13 must have sat a test approved in a determination under 14 section 23A, the fee prescribed by the regulations may include a 15 component that relates to the sitting of that test. 16 9 Application 17 (1) The amendments made by items 2, 3, 4, 5, 7 and 8 apply in relation to 18 applications made on or after the commencement of those items. 19 (2) However, the amendment made by item 2 does not apply in relation to a 20 person if: 21 (a) the person makes an application on or after that 22 commencement; and 23 (b) the Minister is satisfied that the person had, before that 24 commencement, sat a test approved in a determination under 25 section 23A of the Australian Citizenship Act 2007 and 26 successfully completed that test (worked out in accordance 27 with that determination). 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