Commonwealth Numbered Acts

MIGRATION LEGISLATION AMENDMENT ACT (No. 1) 1997 No. 27, 1997 - SCHEDULE 4

Schedule 4-Amendment of the Australian Citizenship Act 1948
and the Migration Act 1958 in relation to deprivation
of citizenship
Part 1-Amendment of the Australian Citizenship Act 1948 1 At the end of
subparagraph 21(1)(a)(ii) Omit "and", substitute "or". 2 After subparagraph
21(1)(a)(ii) Insert:

        (iii)  in respect of a person who was granted the certificate of
               Australian citizenship as a result of an application for the
               certificate made after the commencement of this
               subparagraph-obtained the certificate as a result of
               migration-related fraud; and 3 After subsection 21(1) Insert:

(1A) For the purposes of subparagraph (1)(a)(iii), a person is taken to have
obtained a certificate of Australian citizenship as a result of
migration-related fraud if, and only if:

   (a)  at any time (including a time after the grant of the certificate) the
        person was convicted of an offence against section 234, 236, 243 or
        244 of the Migration Act 1958, or section 29A, 29B or 29D of the
        Crimes Act 1914, that was committed at any time before the grant of
        the certificate (including a time before the making of the
        application); and

   (b)  the act or omission that constituted the offence was connected with
        the person's entry into Australia or the grant to the person of a visa
        or of a permission to enter and remain in Australia.

(1B) Subsection (1A) does not apply to a person in respect of an offence if
the Minister is satisfied that the act or omission that constituted that
offence was not in any way (whether directly or indirectly) material to the
person becoming a permanent resident. 4 Subsection 50(2) Omit "A prosecution",
substitute "Subject to subsection (3), a prosecution". 5 At the end of section
50 Add:

(3) If a person:

   (a)  is an Australian citizen pursuant to a certificate of Australian
        citizenship; and

   (b)  made the application for the certificate after the commencement of
        this subsection; a prosecution of the person for an offence against
        subsection (1) in connection with the person's application for the
        certificate may be commenced at any time.
Part 2-Amendment of the Migration Act 1958 6 Section 492 Omit "A prosecution",
substitute "Subject to subsection (2), a prosecution". 7 At the end of section
492 Add:

(2) A prosecution of a person for an offence against section 234, 236, 243 or
244 that is alleged to have been committed after the commencement of this
subsection may be instituted at any time.

[Minister's second reading speech made in-
House of Representatives on 16 October 1996
Senate on 5 February 1997]