Commonwealth of Australia Explanatory Memoranda

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AUSTRALIAN CITIZENSHIP LEGISLATION AMENDMENT (STRENGTHENING THE REQUIREMENTS FOR AUSTRALIAN CITIZENSHIP AND OTHER MEASURES) BILL 2017

                                2016-2017



     THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                                 SENATE




       AUSTRALIAN CITIZENSHIP LEGISLATION AMENDMENT
(STRENGTHENING THE REQUIREMENTS FOR AUSTRALIAN CITIZENSHIP
               AND OTHER MEASURES) BILL 2017




        ADDENDUM TO THE EXPLANATORY MEMORANDUM




          (Circulated by authority of the Minister for Immigration
             and Border Protection, the Hon. Peter Dutton MP)
                                             1


Australian Citizenship Legislation Amendment (Strengthening the Requirements for
Australian Citizenship and Other Measures) Bill 2017

The purpose of this addendum is to provide additional material to the Explanatory
Memorandum to the Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill 2017. This addendum
responds to a request by the Senate Standing Committee for the Scrutiny of Bills in its
Scrutiny Digest 8 of 2017 (9 August 2017).

Item 41, paragraph 21(2)(e)

After paragraph 120 on page 23, insert the following paragraphs:

     The Australian Government has announced that applicants must provide results of
     an approved English language test at competent level assessed through listening,
     speaking, reading, and writing skills. This is comparable to an International
     English Language Testing System score of 6 or the equivalent score from a test
     accepted by the Department. This requirement is consistent with the current
     'competent English' test score requirement in the Migration Regulations.

     The Government considers it appropriate to set out the technical details of the
     level of English language required in a legislative instrument (see item 53). This
     gives the Minister the opportunity to determine particular circumstances such as
     the approved test providers and test scores. It also provides the Minister
     flexibility to update the instrument in instances where, for example, there is a
     change in the approved test providers, without going through the legislative
     amendment process.

     This instrument that will be made to set out the detail of the English language
     requirement will be subject to scrutiny and disallowance when it is tabled in the
     Parliament.

     The Bill provides certain applicants exemptions from the English language
     requirement for example, due to their age, impairment, or incapacity. Further, the
     instrument will determine other circumstances in which a person has competent
     English, such as where the person is a holder of a valid passport of the United
     Kingdom, the Republic of Ireland, Canada, the United States of America or
     New Zealand. This is consistent with the 'competent English' requirement for
     skilled migrants under the Migration Regulations. The instrument will also
     determine that applicants have competent English where they have undertaken
     specified English language studies at a recognised Australian education provider.
     All of these matters will be detailed in the instrument.