Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2004-2005-2006-2007
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
AUSTRALIAN CITIZENSHIP BILL 2006
REPLACEMENT SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be Moved on Behalf of the Government
(Circulated by authority of the
Minister for Immigration and Citizenship,
The Hon. Kevin Andrews MP)
AMENDMENTS TO THE AUSTRALIAN CITIZENSHIP BILL 2006
OUTLINE
The purpose of these amendments is to provide for the discretion to refuse, rather than
the mandatory refusal of, a citizenship application from a stateless person born in
Australia who has been convicted of an offence (which is not a national security
offence) against an Australian law or a foreign law for which the person has been
sentenced to a period of imprisonment of at least five years.
FINANCIAL IMPACT STATEMENT
The proposed amendments will not have a financial impact.
FURTHER AMENDMENTS TO AUSTRALIAN CITIZENSHIP BILL 2006
NOTES ON AMENDMENTS
Amendment (1) - Stateless persons - Minister's discretion
This is a technical amendment to clause 19B of the Australian Citizenship Bill 2006
("the bill"). Clause 19B contains a simplified outline to Subdivision AA relating to
citizenship for persons adopted in accordance with the Hague Convention on
Intercountry Adoption.
The amendment omits the reference to subsection 19D(7) in the outline and
substitutes a reference to subsection 19D(7A). The amendment is consequential to
the insertion of subclause 19D(7A) by amendment (3).
Amendment (2) - Stateless persons - Minister's discretion
This amendment inserts the words "subject to subsection (7A)" at the start of
subparagraph 19D(6)(a)(ii) of the bill.
Clause 19D provides for the decision of the Minister in relation to applications for
Australian citizenship for persons adopted in accordance with the Hague Convention
on Intercountry Adoption. Subclause 19D(6) provides that the Minister must not
approve a person covered by subsection 19D(7) becoming an Australian citizen if the
person comes within subparagraph (6)(a)(i) or (ii). Subclause 19D(7) relates to
stateless persons.
Subparagraph (6)(a)(ii) relates to stateless persons born in Australia, who have been
convicted of an offence against an Australian law or foreign law for which they have
been sentenced to at least 5 years imprisonment.
The amendment ensures that subparagraph (ii) is read subject to new subsection
19D(7A) (inserted by amendment (3)). New subclause (7A) provides a discretion for
the Minister to decide that subparagraph (6)(a)(ii) does not apply in relation to a
person in certain circumstances.
Amendment (3) - Stateless persons - Minister's discretion
This amendment to clause 19D inserts new subclause (7A) after subclause 7.
New subclause 19D(7A) specifies that the Minister may decide that subparagraph
19D(6)(a)(ii) does not apply in relation to a person if, taking account of the
circumstances that resulted in the person's conviction, the Minister is satisfied that it
would be unreasonable for that subparagraph to apply to the person.
Clause 19D provides for the decision of the Minister in relation to applications for
Australian citizenship for persons adopted in accordance with the Hague Convention
on Intercountry Adoption. Subclause 19D(6) provides that the Minister must not
approve a person covered by subsection 19D(7) (which relates to stateless persons) if
the person comes within subparagraph (6)(a)(i) or (ii).
Subparagraph (6)(a)(ii) relates to stateless persons born in Australia who have been
convicted of an offence against an Australian law or a foreign law for which they
have been sentenced to at least 5 years imprisonment. If subparagraph (6)(a)(ii)
applies to a person, the Minister must not approve the person becoming an Australian
citizen.
New subclause (7A) will allow the Minister to decide that subparagraph (6)(a)(ii)
does not apply in relation to a person in certain circumstances. The effect will give
the Minister a discretion to refuse, rather than the mandatory refusal of, a citizenship
application from a stateless person born in Australia who has been convicted of an
offence and sentenced to a period of imprisonments of at least five years.
The amendment gives recognition to the fact that there may be cases where the
operation of this provision would not be reasonable if it were strictly applied without
consideration of the particular circumstances resulting in a person's conviction.
The discretion applies only in respect of convictions for offences which are not
national security offences (national security offences are covered separately in
subparagraph 19D(6)(a)(i)).
It will provide discretion in the event that a stateless person who was born in Australia
is imprisoned overseas for actions that would not be a criminal offence in Australia.
It also provides a discretion in the event that a stateless person who was born in
Australia receives a prison sentence of a length which could not be imposed under
Australian law for a similar offence.
Amendment (4) - Stateless persons - Minister's discretion
This is a technical amendment to clause 19G of the bill. Clause 19G contains a
simplified outline to Subdivision B relating to citizenship by conferral.
The amendment omits the reference to subsection 24(4B) in the outline and
substitutes a reference to subsection 24(4C). The amendment is consequential to the
insertion of subclause 24(4C) by amendment (6).
Amendment (5) - Stateless persons - Minister's discretion
This amendment inserts the words "subject to subsection (4C)" at the start of
subparagraph 24(4A)(a)(ii) of the bill.
Clause 24 provides for the decision of the Minister in relation to applications for
Australian citizenship by conferral. Subclause 24(4A) provides that the Minister must
not approve a person covered by subsection 24(4B) becoming an Australian citizen if
the person comes within subparagraph (4B)(a)(i) or (ii). Subclause 24(4B) relates to
stateless persons.
Subparagraph (4A)(a)(ii) relates to stateless persons born in Australia who have been
convicted an offence against an Australian law or foreign law for which they have
been sentenced to at least 5 years imprisonment.
The amendment ensures that subparagraph (ii) is read subject to new subsection
24(4C) (inserted by amendment (6)). New subclause (4C) provides a discretion for the
Minister to decide that subparagraph (4A)(a)(ii) does not apply in relation to a person
in certain circumstances.
Amendment (6) - Stateless persons - Minister's discretion
This amendment inserts new subclause 24(4C) after subclause 24(4B).
New subclause 24(4C) specifies that the Minister may decide that subparagraph
24(4A)(a)(ii) does not apply in relation to a person if, taking account of the
circumstances that resulted in the person's conviction, the Minister is satisfied that it
would be unreasonable for that subparagraph to apply to the person.
Clause 24 provides for the decision of the Minister in relation to applications for
Australian citizenship by conferral. Subclause 24(4A) provides that the Minister must
not approve a person covered by subsection 24(4B) becoming an Australian citizen if
the person comes within subparagraph (4B)(a)(i) or (ii). Subclause 24(4B) relates to
stateless persons.
Subparagraph (4A)(a)(ii) relates to stateless persons born in Australia, who have been
convicted an offence against an Australian law or foreign law for which they have
been sentenced to at least 5 years imprisonment. If subparagraph (4A)(a)(ii) applies to
a person, the Minister must not approve the person becoming an Australian citizen
New subclause (4C) will allow the Minister to decide that subparagraph (4A)(a)(ii)
does not apply in relation to a person in certain circumstances. The effect will give
the Minister a discretion to refuse, rather than the mandatory refusal of, a citizenship
application from a stateless person born in Australia who has been convicted of an
offence and sentenced to a period of imprisonment of at least five years.
The amendment gives recognition to the fact that there may be cases where the
operation of this provision would not be reasonable if it were strictly applied without
consideration of the particular circumstances resulting in a person's conviction.
The discretion applies only in respect of convictions for offences which are not
national security offences (national security offences are covered separately in
subparagraph 24(4A)(a)(i)).
It will provide discretion in the event that a stateless person who was born in Australia
is imprisoned overseas for actions that would not be a criminal offence in Australia.
It also provides a discretion in the event that a stateless person who was born in
Australia receives a prison sentence of a length which could not be imposed under
Australian law for a similar offence.
Amendment (7) - Stateless persons - Minister's discretion
This is a technical amendment to clause 28A of the bill. Clause 28A contains a
simplified outline to Subdivision C relating to the resumption of citizenship.
The amendment omits the reference to subsection 30(6) in the outline and substitutes
a reference to subsection 30(7). The amendment is consequential to the insertion of
subclause 30(7) by amendment (9).
Amendment (8) - Stateless persons - Minister's discretion
This amendment inserts the words "subject to subsection (7)" at the start of
subparagraph 30(5)(a)(ii) of the bill.
Clause 30 provides for the decision of the Minister in relation to applications for
resumption of Australian citizenship by conferral. Subclause 30(5) provides that the
Minister must not approve a person covered by subsection 30(6) becoming an
Australian citizen again if the person comes within subparagraph (5)(a)(i) or (ii).
Subclause 30(6) relates to stateless persons.
Subparagraph (5)(a)(ii) relates to stateless persons born in Australia who have been
convicted of an offence against an Australian law or foreign law for which they have
been sentenced to at least 5 years imprisonment.
The amendment ensures that subparagraph (ii) is read subject to new subclause 30(7)
(inserted by amendment (9)). New subclause (7) provides a discretion for the Minister
to decide that subparagraph (5)(a)(ii) does not apply in relation to a person in certain
circumstances.
Amendment (9) - Stateless persons - Minister's discretion
This amendment adds new subclause (7) at the end of clause 30.
New subclause 30(7) specifies that the Minister may decide that subparagraph
30(5)(a)(ii) does not apply in relation to a person if, taking account of the
circumstances that resulted in the person's conviction, the Minister is satisfied that it
would be unreasonable for that subparagraph to apply to the person.
Clause 30 provides for the decision of the Minister in relation to applications for
resumption of Australian citizenship. Subclause 30(5) provides that the Minister must
not approve a person covered by subsection 30(6) becoming an Australian citizen
again if the person comes within subparagraph (5)(a)(i) or (ii). Subclause 30(6) relates
to stateless persons.
Subparagraph (5)(a)(ii) relates to stateless persons born in Australia who have been
convicted of a an offence against an Australian law or foreign law for which they
have been sentenced to at least 5 years imprisonment. If subparagraph (5)(a)(ii)
applies to a person, the Minister must not approve the person becoming an Australian
citizen again.
New subclause 30(7) will allow the Minister to decide that subparagraph (5)(a)(ii)
does not apply in relation to a person in certain circumstances. The effect will give
the Minister a discretion to refuse, rather than the mandatory refusal of, a citizenship
application from a stateless person born in Australia who has been convicted of an
offence and sentenced to a period of imprisonments of at least five years.
The amendment gives recognition to the fact that there may be cases where the
operation of this provision would not be reasonable if it were strictly applied without
consideration of the particular circumstances resulting in a person's conviction.
The discretion applies only in respect of convictions for offences which are not
national security offences (national security offences are covered separately in
subparagraph 30(5)(a)(i)).
It will provide discretion in the event that a stateless person who was born in Australia
is imprisoned overseas for actions that would not be a criminal offence in Australia.
It also provides a discretion in the event that a stateless person who was born in
Australia receives a prison sentence of a length which could not be imposed under
Australian law for a similar offence.
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