Commonwealth Consolidated Acts

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AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 26

Pledge of commitment must be made

             (1)  A person must make a pledge of commitment to become an Australian citizen unless the person:

                     (a)  is aged under 16 at the time the person made the application to become an Australian citizen; or

                     (b)  has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person:

                              (i)  is not capable of understanding the nature of the application at that time; or

                             (ii)  is not capable of demonstrating a basic knowledge of the English language at that time; or

                            (iii)  is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or

                     (c)  is covered by subsection 21(6), (7) or (8).

Note:          See section 27 for how the pledge is to be made.

             (2)  A person must not make a pledge of commitment before the Minister approves the person's application to become an Australian citizen. A pledge of commitment made by the person before that time is of no effect.

Delayed making of pledge

             (3)  If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:

                     (a)  a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or

                     (b)  the person has been or may be charged with an offence under an Australian law.

             (4)  The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.

             (5)  The Minister may, by writing, revoke a determination.

             (6)  If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. A pledge of commitment made by the person before that time is of no effect.



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