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AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 3

Definitions

                   In this Act:

"adverse security assessment " has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979 .

"artificial conception procedure " includes:

                     (a)  artificial insemination; and

                     (b)  the implantation of an embryo in the body of a woman.

"Australia " , when used in a geographical sense, includes the external Territories.

"Australian citizen " has the meaning given by section 4.

"Australian law " means a law of the Commonwealth, a State or a Territory.

"bogus document " has the same meaning as in subsection 5(1) of the Migration Act 1958 .

"child " : without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:

                     (a)  an adopted child, stepchild or exnuptial child of the person;

                     (b)  someone who is a child of the person within the meaning of the Family Law Act 1975 .

"commencement day " means the day on which sections 2A to 54 (as originally enacted) commence.

de facto partner has the meaning given by the Acts Interpretation Act 1901 .

"disclose " , in relation to identifying information that is a personal identifier provided under Division 5 of Part 2, includes provide unauthorised access to the personal identifier.

Note:          Section 42 deals with authorised access to identifying information.

"entrusted person " means:

                     (a)  the Secretary of the Department; or

                     (b)  an APS employee in the Department; or

                     (c)  a person engaged under section 74 of the Public Service Act 1999 by the Secretary of the Department; or

                     (d)  a person engaged by the Commonwealth, the Minister, the Secretary of the Department, or by an APS employee in the Department, to do work for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act.

"foreign law " means a law of a foreign country.

"identifying information " means the following:

                     (a)  any personal identifier provided under Division 5 of Part 2;

                     (b)  any meaningful identifier derived from any such personal identifier;

                     (c)  any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier;

                     (d)  any other information derived from:

                              (i)  any such personal identifier; or

                             (ii)  any meaningful identifier derived from any such personal identifier; or

                            (iii)  any record of a kind referred to in paragraph (c);

                            that could be used to discover a particular person's identity or to get information about a particular person.

"national security offence " means:

                     (a)  an offence against Part II or VII of the Crimes Act 1914 ; or

                     (b)  an offence against Division 72 of the Criminal Code ; or

                     (c)  an offence against Part 5.1, 5.2 or 5.3 of the Criminal Code ; or

                     (d)  an offence against the Australian Security Intelligence Organisation Act 1979 ; or

                     (e)  an offence against the Intelligence Services Act 2001 ; or

                      (f)  an offence covered by a determination in force under section 6A.

"New Guinea " :

                     (a)  has the same meaning as the Territory of New Guinea had in the Papua New Guinea Act 1949 immediately before 16 September 1975; and

                     (b)  in relation to any time before 4 June 1969--includes a reference to the Island of Nauru.

"old Act " means the Australian Citizenship Act 1948 as in force at any time before the commencement day.

"ordinarily resident " : a person is taken to be ordinarily resident in a country if and only if:

                     (a)  he or she has his or her home in that country; or

                     (b)  that country is the country of his or her permanent abode even if he or she is temporarily absent from that country.

However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.

"Papua has the same meaning as the Territory of Papua" had in the Papua New Guinea Act 1949 immediately before 16 September 1975.

"permanent resident " has the meaning given by section 5.

"permanent visa " has the same meaning as in the Migration Act 1958 .

"personal identifier " has the meaning given by section 10.

"prison " includes any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon the person because of that conviction.

"psychiatric institution " includes a psychiatric section of a hospital.

"qualified security assessment " has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979 .

"responsible parent " has the meaning given by section 6.

"serious prison sentence " means a sentence of imprisonment for a period of at least 12 months.

"serious repeat offender " : a person is a serious repeat offender in relation to a serious prison sentence if the sentence was imposed on the person for an offence committed by the person at a time after the person ceased to be confined in prison because of the imposition of another serious prison sentence.

"special category visa " has the same meaning as in the Migration Act 1958 .

"special purpose visa " has the same meaning as in the Migration Act 1958 .

"Stateless Persons Convention " means the Convention Relating to the Status of Stateless Persons, done at New York on 28 September 1954 [1974] ATS 20.

Note:          The text of the Convention is set out in Australian Treaty Series 1974 No. 20. In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

"stepchild " : without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person's stepchild except that the person is not legally married to the person's de facto partner.

"unlawful non-citizen " has the same meaning as in the Migration Act 1958 .

"visa " has the same meaning as in the Migration Act 1958 .



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