Commonwealth of Australia

Australian Citizenship Act 2007

SPECIAL RESIDENCE REQUIREMENT

(SECTION 22C)

I, BRENDAN O’CONNOR, Minister for Immigration and Citizenship, acting under section 22C of the Australian Citizenship Act 2007 (‘the Act’):

1. REVOKE Legislative Instrument IMMI 09/095, signed on 22 September 2009 specifying special residence requirements for the purposes of Section 22C of the Act.
2. SPECIFY the activities in Schedule A to this instrument for the purposes of subparagraph 22A(1)(a)(i) of the Act; AND
3. SPECIFY the organisations in Schedule B to this instrument for the purposes of paragraph 22A(1)(b) of the Act; AND
4. SPECIFY the kinds of work in Schedule C to this instrument for the purposes of paragraph 22B(1)(a) of the Act.

This Instrument, IMMI 13/056, commences on the day after registration on the Federal Register of Legislative Instruments.

Dated May 29 2013

BRENDAN O’CONNOR

Minister for Immigration and Citizenship

SCHEDULE A - ACTIVITIES SPECIFIED FOR THE PURPOSES OF SUBPARAGRAPH 22A(1)(a)(i) OF THE ACT

1. Employment in a position which requires a Negative Vetting 2 or higher security clearance in a Department, an Executive Agency, or a Statutory Agency of the Commonwealth.

2. Participation in an Australian team in the following competitions:

(a)               the Olympic Winter Games, including qualifying events for the Games;

(b)               the Paralympic Winter Games, including qualifying events for the Games;

(c)               the Olympic Summer Games; including qualifying events for the Games;

(d)               the Paralympic Summer Games; including qualifying events for the Games;

(e)               the Davis Cup Competition, including qualifying events for the Competition;

(f)                the Fed Cup Competition, including qualifying events for the Competition; and

(g)               any men’s or women’s International Cricket Match, being any:

(i)                 International Test Match;

(ii)              International One Day Match;

(iii)            Twenty20 International Match;

(iv)            Match played as part of an International Cricket Council (ICC) Event, or

(v)               Other matches organised or sanctioned by the ICC from time to time to which the ICC deems it appropriate that the ICC Regulations should apply.

SCHEDULE B - ORGANISATIONS SPECIFIED FOR THE PURPOSES OF PARAGRAPH 22A(1)(b) OF THE ACT

1. A Department, an Executive Agency, or a Statutory Agency of the Commonwealth;

2. Australian Olympic Committee (AOC);

3. Australian Paralympic Committee (APC);

4. Tennis Australia; and

5.                  Cricket Australia.

SCHEDULE C - KINDS OF WORK SPECIFIED FOR THE PURPOSES OF PARAGRAPH 22B(1)(a) OF THE ACT

1. The kinds of work are those undertaken as part of their duties in which a person is:

(a)               a member of the crew of a ship; or

(b)               a member of the crew of an aircraft; or

(c)               engaged in work on a resources installation or a sea installation; or

(d)               a Chief Executive Officer of an S&P/ASX All Australian 200 listed company; or

(e)               an Executive Manager of an S&P/ASX All Australian 200 listed company; or

(f)                a Scientist employed by:

(i)                 an Australian university who has attained a PhD in their field of speciality and is undertaking research and development of benefit to Australia; or

(ii)              Commonwealth Scientific and Industrial Research Organisation; or

(iii)            a medical research institute which is a member of the Association of Australian Medical Research Institutes (AAMRI).

(g)               a medical specialist, internationally renowned in their field, who is a fellow of an organisation listed in Schedule 4 – Part 1 of the Health Insurance Regulations 1975 (Cth) and holds a relevant qualification in relation to the organisation;

(h)               a person who is a writer or is engaged in the visual or performing arts and who is the holder of, or has held, a Distinguished Talent Visa.

NOTE:  Schedule 4 – Part 1 of the Health Insurance Regulations 1975 (Cth) is available on line at http://www.austlii.edu.au/au/legis/cth/consol_reg/hir1975273/sch4.html.