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AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 26 Pledge of commitment must be made

AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 26

Pledge of commitment must be made

  (1)   A person must make a pledge of commitment to become an Australian citizen unless the person:

  (a)   is aged under 16 at the time the person made the application to become an Australian citizen; or

  (b)   has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person:

  (i)   is not capable of understanding the nature of the application at that time; or

  (ii)   is not capable of demonstrating a basic knowledge of the English language at that time; or

  (iii)   is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or

  (c)   is covered by subsection   21(6), (7) or (8).

Note:   See section   27 for how the pledge is to be made.

  (2)   A person must not make a pledge of commitment before the Minister approves the person's application to become an Australian citizen. A pledge of commitment made by the person before that time is of no effect.

Delayed making of pledge

  (3)   If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:

  (a)   a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or

  (b)   the person has been or may be charged with an offence under an Australian law.

  (4)   The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.

  (5)   The Minister may, by writing, revoke a determination.

  (6)   If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. A pledge of commitment made by the person before that time is of no effect.