Revised Explanatory Memorandum
(Circulated by authority of the Minister for Immigration and Multicultural Affairs, Senator the Honourable Amanda Vanstone)Outline and financial impact statement
Outline
1. The Australian Citizenship (Transitionals and Consequentials) Bill 2005 ('the Bill') makes transitional arrangements and consequential amendments to various Acts which are necessary for the implementation of the Australian Citizenship Bill 2005 ('the new Act').
2. The amendments also give effect to a recommendation of the Senate Legal and Constitutional Legislation Committee (the Senate Committee) following its inquiry into the Bill and the new Act.
3. The Australian Citizenship Act 1948 ('the old Act') is repealed by the Bill.
4. The Bill and explanatory memorandum should be considered in conjunction with the new Act and the explanatory memorandum.
5. Schedule 1 to the Bill makes consequential amendments to various Acts, including:
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- substituting references to the old Act with new references to the short title of the new Act, that is 'the Australian Citizenship Act 2005';
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- removing references to ' Australian protected persons' , an expression which is not used in the new Act or any other Act or delegated legislation;
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- amending the Commonwealth Electoral Act 1918 and Higher Education Funding Act 1988 to update references to the manner in which citizenship acquisition is amended by the new Act;
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- amending the Electronic Transactions Act 1999 in relation to exempt citizenship documents.
6. Schedule 2 to the Bill amends the Immigration (Education) Act 1971 to remove one of the ways the cessation date is calculated, when there is an obligation by the Australian Government to provide English language tuition to certain visa holders.
7. Schedule 3 to the Bill provides various application and transitional provisions relating to the new Act including:
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- deeming that persons who were Australian citizens under the old Act are Australian citizens under the new Act;
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- expanding the meaning of certain terms used in the new Act;
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- making clear the application of the new Act to the acquisition of citizenship by birth, descent or conferral, and the revocation of citizenship by conferral;
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- deeming old applications and declarations made under the old Act and which are undecided immediately before the commencement of the new Bill be applications under the new Act;
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- arrangements for persons who were granted a certificate of citizenship under the old Act, yet have not become Australian citizens immediately before the commencement of the new Act;
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- transitional and application provisions relating to the amendments made by Schedule 1 to the Bill;
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- application of the new residence requirements only to persons granted permanent residence on or after the date of commencement of the Bill;
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- registration of people adopted by an Australian citizen in accordance with the Hague Convention, applies to people adopted before or after the commencement of the new Act.
Financial impact statement
8. The amendments contained in the Bill have no financial impact.