Australian Citizenship Amendment (Intercountry Adoption) Act 2015

No. 7, 2015

An Act to amend the Australian Citizenship Act 2007, and for related purposes

[Assented to 25 February 2015]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Australian Citizenship Amendment (Intercountry Adoption) Act 2015.

2 Commencement

This Act commences on the day this Act receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Australian Citizenship Act 2007

1 Section 2A

Omit:

The second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption: see Subdivision AA.

substitute:

The second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA.

2 Subdivision AA of Division 2 of Part 2 (heading)

Repeal the heading, substitute:

Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement

3 Section 19B

Omit:

You may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia in accordance with the Hague Convention on Intercountry Adoption by at least 1 Australian citizen.

substitute:

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.

4 Paragraph 19C(2)(a)

After “Convention country”, insert “or a prescribed overseas jurisdiction”.

5 Paragraph 19C(2)(c)

After “Intercountry Adoption regulations”, insert “or the Bilateral Arrangements regulations, as applicable”.

6 Subsection 19C(4) (definition of adoption compliance certificate)

Repeal the definition, substitute:

adoption compliance certificate:

(a) for an adoption in accordance with the Hague Convention on Intercountry Adoption—has the same meaning as in the Intercountry Adoption regulations; and

(b) for an adoption in accordance with a bilateral arrangement—has the same meaning as in the Bilateral Arrangements regulations.

7 Subsection 19C(4)

Insert:

Bilateral Arrangements regulations means the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 1998.

prescribed overseas jurisdiction has the same meaning as in the Bilateral Arrangements regulations.

8 Subsection 34(1) (heading)

Repeal the heading, substitute:

Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement

9 Application

The amendments made by this Schedule apply in relation to an application made under section 19C of the Australian Citizenship Act 2007 on or after the day this item commences by a person adopted outside Australia by an Australian citizen in accordance with a bilateral arrangement, even if the adoption occurred before that day.

[Minister’s second reading speech made in—

House of Representatives on 29 May 2014

Senate on 25 September 2014]

(108/14)