Commonwealth Numbered Acts

AUSTRALIAN CITIZENSHIP AMENDMENT ACT 1984 No. 129 of 1984 - SECT 11

11. Sections 13 and 14 of the Principal Act are repealed and the following
sections are substituted: Grant of certificate of Australian citizenship

"13. (1) Subject to this section, the Minister may, in his discretion, upon
application in accordance with the approved form, grant a certificate of
Australian citizenship to a person who satisfies the Minister that -

   (a)  he is a permanent resident;

   (b)  he has attained the age of 18 years;

   (c)  he understands the nature of the application;

   (d)  he has been present in Australia as a permanent resident for a period
of, or for periods amounting in the aggregate to, not less than one year
during the period of 2 years immediately preceding the date of the
furnishing of the application;

   (e)  he has been present in Australia as a permanent resident for a period
of, or for periods amounting in the aggregate to, not less than 2 years
during the period of 5 years immediately preceding the date of the
furnishing of the application;

   (f)  he is of good character;

   (g)  he possesses a basic knowledge of the English language;

   (h)  he has an adequate knowledge of the responsibilities and privileges of
Australian citizenship; and

   (j)  if granted a certificate of Australian citizenship, he is likely to
        reside
, or
to continue to reside, in Australia, or to maintain a close and
continuing association with Australia.

"(2) Where, by reason of a physical or mental incapacity, not being a
temporary incapacity, an applicant under sub-section (1) is not capable of
understanding the nature of that application, paragraphs (1) (c), (g) and (h)
do not apply in relation to that person.

"(3) Paragraphs (1) (d) and (e) do not apply in relation to -

   (a)  a person who has completed not less than 3 months' relevant defence
service; or

   (b)  a person who has been discharged from relevant defence service,
before completing 3 months of that service, as medically unfit for
service or further service and who became medically unfit by reason of
his relevant defence service.

"(4) For the purposes of the application of sub-section (1) in relation to an
applicant for the grant of a certificate of Australian citizenship -

   (a)  the Minister shall not take into account, as a period during which the
        applicant has been present in Australia as a permanent resident, any
        period during which the applicant has been confined in a prison or has
        been confined in a psychiatric institution by order of a court made in
        connection with criminal proceedings against the person; and

   (b)  subject to paragraph (a), the Minister may, in his discretion -

        (i)    treat a period during which the applicant -

                (A)  was a permanent resident;

                (B)  was not present in Australia; and

                (C)  was engaged in activities that the Minister considers
beneficial to the interests of Australia,
as a period during which the applicant was present in Australia
as a permanent resident;

        (ii)   treat a period ending before the period of 5 years referred to
               in
paragraph (1) (e), being a period during which the applicant
was present in Australia as a permanent resident, as a period
within that period of 5 years;

        (iii)  if the applicant was, immediately before 16 September 1975,
the holder of, or deemed to be included in, an entry permit (not
being a temporary entry permit) and has continued to be the
holder of, or to be deemed to be included in, such an entry
permit, treat -

                (A)  a period ending before 16 September 1975 during which
the applicant was ordinarily resident in Papua or New
Guinea; or

                (B)  a period commencing on or after 16 September 1975 and
ending before 16 September 1978 during which the
applicant was ordinarily resident in the Independent
State of Papua New Guinea,
as a period -

                (C)  within the period of 5 years referred to in paragraph

(1) (e); and

                (D)  during which the applicant was present in Australia as a
permanent resident; or

        (iv)   if the Minister considers that the applicant would suffer
significant hardship or disadvantage if a certificate of
Australian citizenship were not granted to the applicant - treat
a period during which the applicant was present in Australia
otherwise than as a prohibited immigrant, as a prohibited
non-citizen, or in contravention of a law of a prescribed
Territory, as a period during which the applicant was present in
Australia as a permanent resident.

"(5) Paragraph (1) (e) does not apply in relation to a person who was formerly
an Australian citizen or who was born in Australia.

"(6) Paragraphs (1) (g) and (h) do not apply in relation to a person who
satisfies the Minister that he is suffering (otherwise than temporarily) from
a loss, or from a substantial impairment, of hearing, speech or sight.

"(7) Paragraph (1) (g) does not apply to a person who has attained the age of
50 years.

"(8) Paragraph (1) (h) does not apply to a person who has attained the age of
60 years.

"(9) Subject to sub-section (11), the Minister may, in his discretion, upon
application in accordance with the approved form, grant a certificate of
Australian citizenship to a person -

   (a)  who has not attained the age of 18 years;

   (b)  who -

        (i)    has attained the age of 18 years; and

        (ii)   has made the application before attaining that age;

   (c)  who is the spouse, widow or widower of an Australian citizen; or

   (d)  who -

        (i)    has attained the age of 16 years; and

        (ii)   is the spouse of a person who has been granted a certificate of
Australian citizenship but has not yet acquired Australian
citizenship by virtue of the operation of section 15.

"(10) Subject to sub-section (11), the Minister may, in his discretion, upon
application in accordance with the approved form, include in a certificate of
Australian citizenship, either at the time of granting the certificate or by
later amending the certificate under this section, the name of a child who has
not attained the age of 16 years and of whom the grantee is a responsible
parent.

"(11) The Minister shall not grant a certificate of Australian citizenship to
a person under sub-section (1) or (9) or include the name of a person in a
certificate of Australian citizenship under sub-section (10) -

   (a)  during any period during which proceedings for an offence against a
law of the Commonwealth, a State or a Territory (including
proceedings by way of appeal or review) are pending in relation to the
person;

   (b)  during any period during which the person is confined to a prison in
Australia;

   (c)  during the period of 2 years after the expiration of any period during
which the person has been confined in a prison in Australia by reason
of the imposition on him of -

        (i)    a sentence of death that has been commuted to a sentence of
imprisonment; or

        (ii)   a sentence of imprisonment for life or for a period of not less
than 12 months;

   (d)  if the person has been released from serving a part of a sentence of
imprisonment on parole or upon licence to be at large - during any
period during which action can be taken in respect of the person under
a law of the Commonwealth, a State or a Territory by way of requiring
the person to serve the whole or a part of the remainder of that
sentence;

   (e)  if the person has been released by a court from serving a part of a
sentence of imprisonment upon his giving a relevant security - during
any period during which action can be taken in respect of the person
under a law of the Commonwealth, a State or a Territory by reason of
a breach of a condition of that security;

   (f)  during any period during which the person is confined in a psychiatric
institution by order of a court made in connection with proceedings of
the kind referred to in paragraph (a) in relation to the person; or

   (g)  if the person ceased to be an Australian citizen by virtue of the
registration of a declaration under section 18 - during the period of 12
months after the date of registration of the declaration.

"(12) Where the Minister makes a decision under this section refusing an
application and the applicant is present in Australia, the Minister shall
cause to be served on the applicant, either personally or by post, a notice in
writing setting out that decision.

"(13) Nothing in paragraph (4) (a) or sub-section (11) shall be taken, by
implication, to limit the generality of paragraph (1) (f).

"(14) Nothing in sub-section (10) shall be taken, by implication, to limit the
generality of sub-section 47 (1).

"(15) A certificate that has been amended in pursuance of this section has
effect as so amended.

"(16) A reference in paragraph (4) (a) or (11) (c) to a period during which a
person has been confined in a prison does not include a reference to a period
during which the person has been so confined by reason only of his serving a
sentence relating to a conviction that has subsequently been quashed.

"(17) In paragraph (11) (3) (e), 'relevant security' means a security given by
a person, with or without sureties, by recognizance or otherwise, that the
person will comply with conditions relating to his behaviour. Deferral of
consideration of application under section 13

"14. (1) Subject to sub-section (2), where -

   (a)  an application is made to the Minister under section 13; and

   (b)  it appears to the Minister at a particular time that -

        (i)    if he were to complete consideration of the application at that
time, he would be likely to refuse the application; and

        (ii)   having regard to the effluxion of time, or to the likelihood of
               a
change in circumstances, he would be likely to grant the
application if consideration of the application were deferred for
such period as he determines, the Minister may, in his discretion, defer
consideration of the application until the expiration of that period.

"(2) The Minister shall not defer consideration of an application made under
section 13 for a period that exceeds, or for periods that, in the aggregate,
exceed, 12 months.

"(3) Where, in accordance with sub-section (1), the Minister decides to defer
consideration of an application until the expiration of a period -

   (a)  if the applicant is present in Australia, the Minister shall cause to
        be
served on the applicant, either personally or by post, a notice in writing
setting out that decision; and

   (b)  section 13 and sub-section (1) of this section apply in relation to
        the
application as if it had been furnished immediately before the
expiration of that period.

"(4) Nothing in this section prevents -

   (a)  an applicant under section 13 from withdrawing his application; or

   (b)  a person whose application under section 13 has been refused from
making a further application or applications under that section.".