Commonwealth Consolidated Acts Commonwealth Consolidated ActsThe Governor - General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
What this Act covers
This Act sets out how you become an Australian citizen, the circumstances in which you may cease to be a citizen and some other matters related to citizenship.
Becoming an Australian citizen
There are a range of ways you can become an Australian citizen.
Acquiring citizenship automatically
Generally, you become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born.
There are some other, less common, ways of automatically becoming a citizen.
Division 1 of Part 2 has details about acquiring citizenship automatically.
Also, if you were a citizen under the old Act immediately before the day that this section commences, you will continue to be a citizen: see subsection 4(1).
Acquiring citizenship by application
The other way to become an Australian citizen is to apply to the Minister. This is covered by Division 2 of Part 2. There are 4 situations in which you can apply for citizenship.
The first is citizenship by descent. Generally, you would apply for this if you were born outside Australia and one or both of your parents were Australian citizens when you were born. Citizenship by descent is covered by Subdivision A.
The second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA.
The third is citizenship by conferral. Generally, you would need to be a permanent resident and willing to make a pledge of commitment to apply for citizenship by conferral. You may need to successfully complete a citizenship test. There are some less common circumstances in which you can apply for citizenship by conferral. Citizenship by conferral is covered by Subdivision B.
The fourth is resuming citizenship. In certain cases where you previously ceased to be an Australian citizen, you can apply for your citizenship to resume. Resuming citizenship is covered by Subdivision C.
The Minister must be satisfied of your identity for you to acquire citizenship by application. Rules about identification are in Division 5 of Part 2.
The Minister may be required to refuse your application on national security grounds.
Ceasing to be an Australian citizen
There are a number of ways that you can cease to be an Australian citizen.
You can renounce your citizenship.
If you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances.
There are some other, less common, ways of ceasing to be a citizen.
Division 3 of Part 2 has details about ceasing to be a citizen.
Evidence that a person is an Australian citizen
You can apply to the Minister for evidence of your Australian citizenship. This is covered by Division 4 of Part 2.
The most common way you become an Australian citizen under this Division is by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of your birth.
There are some other, less common, ways of becoming an Australian citizen under this Division. These cover:
• citizenship by being born in Australia and by being ordinarily resident in Australia for the next 10 years: see section 12; and
• citizenship by adoption: see section 13; and
• citizenship for abandoned children: see section 14; and
• citizenship by incorporation of territory: see section 15.
You may be eligible to become an Australian citizen under this Subdivision in 2 situations:
• you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth: see subsection 16(2); or
• you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949: see subsection 16(3).
You must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.
You must be eligible to be an Australian citizen to be approved.
The Minister may be required to refuse your application on grounds relating to:
• non - satisfaction of identity: see subsection 17(3); or
• national security: see subsections 17(4) to (4B); or
• cessation of citizenship: see subsection 17(5).
You will be registered if the Minister approves you becoming an Australian citizen.
You do not become an Australian citizen, even if the Minister approves you becoming an Australian citizen, unless a parent of yours was an Australian citizen at a particular time: see section 19A.
You may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia by at least one Australian citizen in accordance with:
(a) the Hague Convention on Intercountry Adoption; or
(b) a bilateral arrangement.
You must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.
You must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.
The Minister may be required to refuse your application on grounds relating to:
• non - satisfaction of identity: see subsection 19D(4); or
• national security: see subsections 19D(5) to (7A); or
• cessation of citizenship: see subsection 19D(8).
You will be registered if the Minister approves you becoming an Australian citizen.
You may be eligible to become an Australian citizen under this Subdivision in 7 situations:
• you satisfy the general eligibility criteria and have successfully completed a citizenship test: see subsections 21(2) and (2A); or
• you have a permanent or enduring physical or mental incapacity: see subsection 21(3); or
• you are aged 60 or over or have a hearing, speech or sight impairment: see subsection 21(4); or
• you are aged under 18: see subsection 21(5); or
• you were born to a former Australian citizen: see subsection 21(6); or
• you were born in Papua: see subsection 21(7); or
• you are a stateless person: see subsection 21(8).
You must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.
You must be eligible to be an Australian citizen to be approved. You may be refused citizenship even if you are eligible.
The Minister may be required to refuse your application on grounds relating to:
• non - satisfaction of identity: see subsection 24(3); or
• national security: see subsections 24(4) to (4C); or
• non - presence in Australia: see subsection 24(5); or
• offences: see subsection 24(6); or
• cessation of citizenship: see subsection 24(7).
You may need to make a pledge of commitment to become an Australian citizen.
You may be eligible to become an Australian citizen under this Subdivision if you ceased to be an Australian citizen under this Act or the old Act.
You must make an application to become an Australian citizen again. The Minister must approve or refuse you becoming an Australian citizen again.
You must be eligible to be an Australian citizen again to be approved. You may be refused citizenship again even if you are eligible.
The Minister may be required to refuse your application on grounds relating to:
• non - satisfaction of identity: see subsection 30(3); or
• national security: see subsections 30(4) to (7).
You will be registered if the Minister approves you becoming an Australian citizen again.
There are 5 ways in which you can cease to be an Australian citizen:
• you may renounce your Australian citizenship: see section 33; or
• if you did not automatically become an Australian citizen, the Minister can revoke your citizenship in circumstances involving offences or fraud: see section 34; or
• if you did not automatically become an Australian citizen and the Minister exercised the power under subsection 22A(1A) or 22B(1A), the Minister can revoke your citizenship in circumstances involving a failure to comply with special residence requirements: see section 34A; or
• if you are the child of a responsible parent who ceases to be an Australian citizen, the Minister can revoke your citizenship in some situations: see section 36; or
• if you are convicted of certain offences and an order is made by
a court that you cease to be an Australian citizen: see Subdivision C
(citizenship cessation).