House debates

Tuesday, 28 November 2006

Australian Citizenship (Transitionals and Consequentials) Bill 2005

Consideration in Detail

Bill—by leave—taken as a whole.

1:03 pm

Photo of Andrew RobbAndrew Robb (Goldstein, Liberal Party, Parliamentary Secretary to the Minister for Immigration and Multicultural Affairs) Share this | | Hansard source

by leave—I present a supplementary explanatory memorandum to the bill. I move government amendments (1) to (8):

(1)    Clause 2, page 2 (table item 2), omit “sections 3”, substitute “sections 2A”.

(2)    Schedule 3, item 1, page 12 (line 8), omit “3”, substitute “2A”.

(3)    Schedule 3, item 2, page 12 (line 13) to page 13 (line 10), omit the item, substitute:

2  Rules applicable to Australian citizens under the old Act

(1)    This item applies to a person who was an Australian citizen under the Australian Citizenship Act 1948 immediately before the commencement day.

Note:                The person becomes an Australian citizen under the new Act: see subsection 4(1) of the new Act.

Same kind of citizenship

(2)    If the person, immediately before the commencement day, was an Australian citizen under the provision set out in column 2 of the following table, the person is taken, on and from that day, to be an Australian citizen under the provision set out in column 3 of the table:

Same kind of citizenship

Column 1 Item

Column 2 Provision under which person was a citizen

Column 3 Provision under which person is taken to be a citizen

1

Section 10B, 10C or 11 of the old Act

Subdivision A of Division 2 of Part 2 of the new Act

2

Division 2 of Part III of the old Act

Subdivision B of Division 2 of Part 2 of the new Act

Person may cease to be a citizen under new Act

(3)    This item does not prevent the person from ceasing to be an Australian citizen under the new Act.

Note:                For example, section 34 of the new Act allows the Minister to revoke a person’s citizenship.

(1)    Section 19C of the new Act applies in relation to adoptions that occur before, on or after the commencement day.

(2)    Paragraphs 19C(2)(e) and (f) of the new Act apply as if a reference to Subdivision A included a reference to section 10B, 10C or 11 of the old Act (about citizenship by descent).

(8)    In applying section 22 of the new Act to a new application covered by subitem (2), subsections 22(1) to (2), (4A) and (5A) of the new Act do not apply and the following subsections of section 22 of the new Act apply instead:

Question agreed to.

Bill, as amended, agreed to.