Footnotes

[1] See Australian Citizenship Bill 2005 and Australian Citizenship (Transitionals and Consequentials) Bill 2005, Bills Digest No. 72 -73, 7 December 2005, p. 4.

[2] Australian Citizenship Bill 2005, Explanatory Memorandum, p.1 available at http://parlinfoweb.parl.net/parlinfo/view_document.aspx?ID=2174&TABLE=EMS

[3] Hon. G. Hardgrave MP, Minister for Citizenship and Multicultural Affairs, Australian citizenship: then and now, speech to Sydney Institute, Sydney, 7 July 2004 as reported in Australian Citizenship Bill 2005 and Australian Citizenship (Transitionals and Consequentials) Bill 2005, Bills Digest No. 72 -73, 7 December 2005, p. 3.

[4] Hon. J. Howard MP, Prime Minister, Counter Terrorism law strengthened, media release, Canberra, 8 September 2005 as reported in in Australian Citizenship Bill 2005 and Australian Citizenship (Transitionals and Consequentials) Bill 2005, Bills Digest No. 72 -73, 7 December 2005, p. 3.

[5] The note cross refers the reader to item 2 of Schedule 3 to the Australian Citizenship (Transitionals and Consequentials) Act 2005.

[6] Explanatory Memorandum, p. 14.

[7] Subsection 17(3).

[8] Subsection 17(4).

[9] Subsection 17(5).

[10] Paragraph 22(6)(b).

[11] Subsection 22(7). Note that the Department indicated that subsection 22(7) is to be amended to allow for a period of up to 24 months of temporary residence to be counted as permanent residency.

[12] Subsection 22(8).

[13] Subsection 22(9).

[14] Subsection 22(10).

[15] Subsection 24(3).

[16] Subsection 24(4).

[17] 'Serious prison sentence' is defined in section 3 as a sentence of imprisonment for a period of at least 12 months.

[18] 'Serious repeat offender' is defined in section 3 as a person who has had more than one serious prison sentence imposed on them.

[19] Subsection 24(2).

[20] Subsection 30(2).

[21] Subsection 30(3).

[22] Subsection 30(4).

[23] Subsection 33(3)

[24] Subsection 33(4).

[25] Subsection 30(6).

[26] Paragraphs 30(7)(a)(b).

[27] Paragraph 34(1)(a) and subparagraph 34(1) (b)(ii); subparagraphs 34(2) (i), (iii)and (iv). See also section 50 of the Bill and sections 137.1 or 137.2 of the Criminal Code.

[28] Paragraph 34(2)(c).

[29] Subparagraph 34 (2) (ii) and subsection 34(5).

[30] Subparagraph 34(5); a serious prison sentence is defined as a sentence of imprisonment for a period of at least 12 months.

[31] DIMA, Submission 35, p. 4.

[32] Section 52.

[33] 'Responsible parent' is defined in section 6.

[34] Subsections 36(2) and (3).

[35] Subsections 17(3), and 24(3).

[36] Paragraphs 34(4) (g) and (h).

[37] Paragraph 43(2)(a).

[38] Paragraph 43(2)(d).

[39] Paragraph 43(2)(e).

[40] Paragraph 43(2)(f).

[41] See subsection 13.3(3) of the Criminal Code.

[42] Centre for Comparative Constitutional Studies, Submission 33, p.2; A note to section 4 of the Bill indicates that a person who is an Australian citizen under the 1948 Act immediately before the commencement day is taken to be an Australian citizen under the 2005 Act. Item 2 of Schedule 3 to the Australian Citizenship (Transitionals and Consequentials) Act 2005 provides that a person who is a citizen under the 1948 Act retains that status under the 2005 Act.

[43] Specifically that Schedule 3 of the Australian Citizenship (Transitionals and Consequentials) Bill 2005 be incorporated into section 4 Australian Citizenship Bill 2005 and that Schedules 1 and 2 become schedules to the Australian Citizenship Bill 2005.

[44] Centre for Comparative Constitutional Studies, Submission 33, p. 3.

[45] Senator Hurley, Committee Hansard, 6 February 2006, p. 30.

[46] Senator Hurley, Committee Hansard, 6 February 2006, p. 32.

[47] Ms Ellis, Assistant Secretary, Citizenship and Language Services Branch, Committee Hansard, 6 February 2006, p. 32.

[48] Ms Ellis, Assistant Secretary, Citizenship and Language Services Branch,DIMA, Committee Hansard, 6 February 2006, p. 32.

[49] Ann MacGregor, Co Founder, Southern Cross Group, Committee Hansard, 6 February 2006, p. 19.

[50] Southern Cross Group, Submission 52, p. 5.

[51] DIMA, Population Flows, Citizenship, Multicultural Affairs and Settlement Services, 2003, p.87; WA Minister of Multicultural Interests, Margaret Quirk MP, in Paul Lampathakis and Tess Heal, Where Do we all come from?, Sunday Times, 29 January 2006, p. 43.

[52] DIMA, Population Flows, Citizenship, Multicultural Affairs and Settlement Services, 2003 p.87; see also Paul Lampathakis and Tess Heal, Where Do we all come from?, Sunday Times, 29 January 2006, p. 43.

[53] The highest number of non-citizens who were residentially eligible to apply for Australian citizenship at the time of the 2001 census where United Kingdom (346,200), New Zealand (205,900), Italy (44,200), Malaysia (27,900), Germany (23,400) and Peoples Republic of China (20,700); 2001 census figures quoted in Department of Immigration and Multicultural Affairs, Population Flows, Citizenship, Multicultural Affairs and Settlement Services, 2004-05 p. 96.

[54] Senator Payne, Committee Hansard, 6 February 2006, p. 32.

[55] Law Institute of Victoria, Submission 47, p.2; Dr Crawford, Fragomen Australia, Submission 43, pp 1- 4.

[56] Mr Donald, Economics Research Australia, Submission 27, p. 2.

[57] For example, Law Institute of Victoria, Submission 47, p. 2; Dr Crawford, Fragomen Australia, Submission 43, pp 1-4.

[58] Mr McDonald, Economics Research Australia, Submission 27, p. 2.

[59] FACS, Submission 26, p. 1.

[60] Mr Shine, Submission 20, p.1; Mr Akram, Submission 21, p. 1.

[61] Dr Crawford, Fragomen Australia, Submission 43, p. 2; Committee Hansard, 6 February 2006, p. 5.

[62] Dr Crawford, Fragomen Australia, Submission 43, p. 2.

[63] Dr Crawford, Fragomen Australia, Submission 43, p. 2.

[64] Fragomen Australia, Submission 43, p. 3.

[65] Liberian Community of South Australia, Submission 37, p. 2.

[66] Refugee Advice and Casework Service (Aust) inc., Submission 38, pp 3-4; Refugee and Immigration Legal Service Inc., Submission 46, pp 2 - 3.

[67] Subsections 22(6)(7)(8).

[68] Ms Ellis, Assistant Secretary, Citizenship and Language Services Branch,DIMA Committee Hansard, 6 February 2006, p. 36.

[69] Mr Peter Vardos, PSM, First Assistant Secretary, Citizenship, Settlement and Multicultural Affairs Division, DIMA, Committee Hansard, 6 February 2006, p. 30.

[70] A person who received permanent residence before 21 April 2005 must be ordinarily resident up in New Zealand for the 3 years before obtaining citizenship, whereas a person who received permanent residence after 21 April 2005 must be a permanent residence for five years.

[71] Subsection 22(6)(8).

[72] Subsection 22(9).

[73] Subsection 22(10).

[74] NSWCCL, Submission 25, p. 12.

[75] Ms Ellis, Assistant Secretary, Citizenship and Language Services Branch,DIMA, Committee Hansard, 6 February 2006, p. 32.

[76] Subsection 24(2); subsection 30(2).

[77] Centre for Comparative Constitutional Studies, Submission 33, p. 1.

[78] HREOC, Submission 50, p. 3.

[79] NSWCCL, Submission 25, p. 16.

[80] Dr Simon Evans, Committee Hansard, 30 January 2006, p. 6.

[81] LIV, Submission 51A, p. 3; Skase and Minister for Immigration and Multicultural and Indigenous Affairs [2005] AATA 308 (8 April 2005).

[82] Explanatory Memorandum, p. 30.

[83] Explanatory Memorandum, p. 30.

[84] HREOC, Submission 50, p.3; Explanatory Memorandum, p. 30.

[85] Professor Rubenstein, Submission 65, p. 3: such as 16(3)(c), 21(2)(h), (3)(f), (4)(f), (6)(d), (7)(d), 25(2)(ii), 29(3)(b).

[86] HREOC, Submission 50, p. 3; See also Irving v Minister of State for Immigration, Local Government and Ethnic Affairs (1993) 44 FCR 540.

[87] Subsection 501(6) of the Migration Act.

[88] Australian Citizenship Bill 2005 and Australian Citizenship (Transitionals and Consequentials) Bill 2005, Nos. 72-73, Law and Bills Digest Section, 7 December 2005, p. 20.

[89] Ms Ellis, Assistant Secretary, Citizenship and Language Services Branch,DIMA Committee Hansard, 6 February 2006, p. 38.

[90] Ms Ellis, Assistant Secretary, Citizenship and Language Services Branch,DIMA, Committee Hansard, 6 February 2006, p. 32.

[91] Ms Ellis, Assistant Secretary, Citizenship and Language Services Branch,DIMA, Committee Hansard, 6 February 2006, p. 32.

[92] Section 17 Australian Security Intelligence Organisation Act 1979 (the ASIO Act). Section 35 includes the exercise of any power, or the performance of any function in relation to a person under the Citizenship Act 1948 or the Passport Act 1938 the regulations under either of those Acts.

[93] Response to Question on Notice, 7 February 2006.

[94] Ms Ellis, Assistant Secretary, Citizenship and Language Services Branch,DIMA Committee Hansard, 6 February 2006, p. 37; see also Explanatory Memorandum, p. 19.

[95] LSSA, Submission 49, p .2.

[96] LSSA, Submission 49, p.2.

[97] See HREOC Submission 50, p.11; see also Director General Security v Nasmy Obed Sultan & Anor [1998] 1548 FCA (1 December 1998).

[98] Explanatory Memorandum, p. 9.

[99] Subsection 39A(5).

[100] Sections 38 and 38A of the ASIO Act; see also subsection 39A(8) of the AAT Act.

[101] Section 28 (1AAA) of the AAT Act.

[102] Section 39A (9) of the AAT Act; see also NSWCCL, Submission 25, p. 4.

[103] Subsection 27AA(1) of the AAT Act; Section 54(1) of the ASIO Act; HREOC Submission 50, p. 12.

[104] The mandatory nature of subsection 116(3) and regulation 2.43(2) (a) was confirmed in Tian v MIMIA [2004] FCAFC 238 (30 August 2004).

[105] Response to question on notice, 7 February 2006.

[106] Response to question on notice, 7 February 2006.

[107] Paragraph 202 (1)(b) of the Migration Act.

[108] (1975) ATS 46, entry into force on 13 December 1975.

[109] The Committee understand that the term 'nationality' in this context is a synonym for 'citizenship'. That is, denoting the legal relationship between the state and the individual.

[110] Article 1.2(c) and Article 4.2(c).

[111] Article 1.2(d).

[112] Subsection 24(4).

[113] Subsection 24(3); NSWCCL, Submission 25, p. 3.

[114] Article 1.2(c) refers to a person who has been convicted of an offence against national security; HREOC, Submission 50, p. 5; NSWCCL, Submission p. 3.

[115] NSWCCL, Submission 50, p. 3.

[116] HREOC, Submission 50, p.5.

[117] Paragraph 21(8)(c).

[118] Paragraph 21(8)(c).

[119] HREOC, Submission 50, p. 5.

[120] HREOC, Submission 50, p. 6; See also Centre for Comparative Constitutional Studies, Submission 25, p. 4.

[121] Ms Ellis, Assistant Secretary, Citizenship and Language Services Branch,DIMA, Committee Hansard, 6 February 2006, p. 31

[122] Correspondence, DIMA, 7 February 2006.

[123] Response to question on notice, 7 February 2006.

[124] Subsections 17(3), 24(3), 30(3), 33(3).

[125] NSWCCL, Submission 25, pp 6-7.

[126] A biometric is a unique identifying physical characteristic such as facial recognition, iris pattern or fingerprint.

[127] Section 10(a)–(f).

[128] Section 41.

[129] Office of the Privacy Commissioner, Submission 39, p. 2.

[130] Privacy Foundation, Submission 40, p. 2.

[131] Privacy Foundation, Submission 40, p. 2; Office of the Privacy Commissioner, Submission 39, pp 1-3.

[132] Office of the Privacy Commissioner, Submission 39, pp 1-3; Privacy Foundation, Submission 40, pp 1-4; Law Society of South Australia, Supplementary Submission 49A, p. 1.

[133] Office of the Privacy Commissioner, Submission 39, p. 3

[134] Australian Privacy Foundation, Submission 40, p. 2.

[135] Senator Payne, Committee Hansard, 6 February 2006, p. 34.

[136] Response to question on notice, 7 February 2006.

[137] Response to question on notice, 7 February 2006.

[138] Response to question on notice, 7 February 2006.

[139] Response to question on notice, 6 February 2006.

[140] Response to question on notice, 6 February 2006.

[141] Legal and Constitutional Legislation Committee, Provisions of the Migration Legislation Amendment (Identification and Authentication) Bill 2003, September 2003, p. 8.

[142] See for example, Centre for Comparative Constitutional Studies, Submission 33, p. 4; Professor Rubenstein, Submission 65, p. 3.

[143] The on-line information merely indicates that a child under 16 can be included in a parent's application at no extra cost. However, this will not be relevant in all circumstances.

[144] Professor Rubenstein, Submission 65, p. 3.

[145] Centre for Comparative Studies, Submission 33, p. 4.

[146] Senator Bartlett, Committee Hansard, 30 January 2006, p. 18; Australia is a signatory to the Hague Convention on Civil Aspects of International Child Abduction and implements its obligations under the treaty through the Family Law (Child Abduction Convention) Regulations 1986.

[147] Centre for Comparative Studies, Submission 33, p. 4.

[148] Article 3 CRC.

[149] Ms Ellis, Assistant Secretary, Citizenship and Language Services Branch,DIMA, Committee Hansard, 6 February 2006, p. 38.

[150] Rubenstein K., Australian Citizenship Law in Context, Lawbook Co., Australia, 2002, p. 94; Hague Convention on Intercountry Adoption; Convention on the Rights of the Child (CRC).

[151] Centre for Comparative Constitutional Studies, Submission 33, p. 5.

[152] Centre for Comparative Constitutional Studies, Submission 33, p. 5; see also HREOC, Supplementary Submission 50A, p. 4.

[153] HREOC, Supplementary Submission 50A, p. 4; Centre for Comparative Constitutional Studies, Submission 33, p. 5

[154] Centre for Comparative Constitutional Studies, Submission 33, p. 5; see also HREOC, Supplementary Submission 50A, p. 4.

[155] Section 34 and 35.

[156] Committee on the Rights of the Child, Concluding Comments on Australia, Add. 79, paras 14 and 30 as reported by HREOC, Submission 50, p. 6.

[157] HREOC, Submission 50, p. 6

[158] HREOC, Submission 50, p. 6; CCS, Submission 33, p. 4.

[159] HREOC, Submission 50, p. 6; CCCS, Submission 33, p. 4.

[160] Article 8, CRC.

[161] Article 3, CRC.

[162] Article 8 CRC.

[163] Article 12 CRC.

[164] Subparagraph 29 (3)(a)(i)

[165] Subparagraph 29 (3)(a)(ii)

[166] Maltese Welfare Association, Submission 7, p. 1; Centre for Comparative Constitutional Studies, Submission 33, p. 6; Southern Cross Group, Submission 52, pp 13-30.

[167] Southern Cross Group, Submission 52, p. 19.

[168] Maltese Welfare Association, Submission 7, p. 1.

[169] Southern Cross Group, Submission 52, p. 31; Para 16(2) (a) makes it clear that a person is not eligible to apply for citizenship by descent unless one of their parents was an Australian citizen at the time of birth or become an Australian citizen on 26 January 1949, DIMA, Submission 35, p. 2.; Legal and Constitutional References Committee, They still call Australia home: Inquiry into Australian Expatriates, March 2005, Chapter 10, p. 125.

[170] Southern Cross Group, Submission 52, p. 15.

[171] Mr Peter Vardos, PSM, First Assistant Secretary, Citizenship, Settlement and Multicultural Affairs Division, DIMA, Committee Hansard, 6 February 2006, p. 33.

[172] Ms Ellis, Assistant Secretary, Citizenship and Language Services Branch,DIMA Committee Hansard, 6 February 2006, p. 34.

[173] Mr Peter Vardos, PSM, First Assistant Secretary, Citizenship, Settlement and Multicultural Affairs Division, DIMA, Committee Hansard, 6 February 2006, p. 33.

[174] Subsection 21(6).

[175] Subsection 21(7).

[176] Subsection 21(5); see for example, Centre for Comparative Constitutional Studies, Submission 33, p. 3.

[177] Mr Peter Vardos, PSM, First Assistant Secretary, Citizenship, Settlement and Multicultural Affairs Division, DIMA, Committee Hansard, 6 February 2006, p. 30.

[178] Committee Hansard, 6 February 2006, p. 36.

[179] NSWCCL, Submission 25, p. 25.

[180] Peter Prince, Mate! Citizens, aliens and 'real Australians' – the High Court and the case of Amos Ame, Parliamentary Library Research Brief, No.4 2005-06, 27 October, 2005, p. 2; See also Singh v Commonwealth (2004) ALR 355.

[181] Singh v Commonwealth (2004) ALR 355 [305] (Gummow, Hayne & Haydon JJ), as cited in NSWCCL, Submission 25, p. 25.

[182] Submission 25, p. 25.

[183] Response to question on notice, 7 February 2006.