I, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, make this instrument under subsection 27(5) of the Australian Citizenship Act 2007 (the Act).
Dated 15 December 2022
The Hon. Andrew Giles MP
Minister for Immigration, Citizenship and Multicultural Affairs
This instrument is the Australian Citizenship (LIN 22/074: Classes of Persons Who May Receive a Pledge of Commitment) Authorisation 2022.
(1) This instrument, other than section 3, is taken to have commenced on 8 September 2020.
(2) Section 3 of this instrument commences when the instrument is registered.
3 Repeal
Citizenship (LIN 20/084: Class of Persons Who May Receive a Pledge of Commitment) Instrument 2020 is repealed.
4 Persons who may receive a pledge of commitment
(1) For subsection 27(5) of the Act, each class of persons mentioned in Schedule 1 is authorised to receive a pledge of commitment to become an Australian citizen.
(2) Despite subsection (1), a person who is a member of a class of persons mentioned in Schedule 1 is not authorised to receive a pledge of commitment to become an Australian citizen if:
(a) the Minister is satisfied that the person has received a pledge, or is likely to receive a pledge, in a way which is inconsistent with the character of a citizenship ceremony as non-commercial, apolitical, non-partisan and secular; and
(b) the Minister gives the person a notice to that effect.
5 Definitions
A term in Column 1 of the following table refers to an Australian Public Service employee classified under the Public Service Classification Rules 2000 as an employee at the level mentioned in Column 2 for the term.
Table 1 – APS employee | ||
Item | Column 1 Term | Column 2 Level |
1 | APS 4 | APS Level 4 |
2 | APS 5 | APS Level 5 |
3 | APS 6 | APS Level 6 |
4 | EL 1 | Executive Level 1 |
5 | EL 2 | Executive Level 2 |
6 | SES 1 | Senior Executive Band 1 |
7 | SES 2 | Senior Executive Band 2 |
8 | SES 3 | Senior Executive Band 3 |
Schedule 1 Classes of authorised persons
1 Governor-General of the Commonwealth of Australia.
2 A person who is Governor of a State.
3 A Member of the House of Representatives.
4 A Member of the Senate.
5 An entrusted person who is:
(a) an Australian citizen; and
(b) holding, occupying or performing the duties of any of the following positions in the Department of Home Affairs:
(i) Secretary;
(ii) SES 3;
(iii) SES 2;
(iv) Regional Directors in State and Territory offices;
(v) in the Citizenship Program:
(A) SES 1;
(B) EL 2 or EL 1;
(C) APS 6, APS 5 or APS 4.
6 An entrusted person who:
(a) is based in an Australian diplomatic mission; and
(b) is an Australian citizen; and
(c) holding, occupying or performing the duties of any of the following positions in the Department of Home Affairs:
(i) SES 3, SES 2, SES 1;
(ii) EL 2 or EL 1;
(iii) APS 6.
7 An Australian citizen holding, occupying of performing the duties of any of the following positions at an Australian diplomatic mission:
(a) High Commissioner;
(b) Deputy High Commissioner;
(c) Ambassador;
(d) Consul General;
(e) Chargé d'Affaires;
(f) Chargé d'Affaires ad interim;
(g) Consul, at a post, serving as a Senior Australian Diplomatic Representative;
(h) Trade Commissioner at a post where there is no representative from the Department of Foreign Affairs and Trade or the Department of Home Affairs.
8 An Australian citizen who holding, occupying or performing the duties of any of the following positions:
(a) in New South Wales:
(i) Lord Mayor of a city;
(ii) Deputy Lord Mayor of a city;
(iii) Mayor of a local government council;
(iv) Deputy Mayor of a local government council;
(v) General Manager of a local government council;
(vi) Chief Executive Officer of a local government council;
(vii) Administrator of a local government council that has been placed under administration;
(viii) Vice Chairman, Lord Howe Island Board;
(b) in Victoria:
(i) Lord Mayor of a city;
(ii) Deputy Lord Mayor of a city;
(iii) Mayor of a local government council;
(iv) Deputy Mayor of a local government council;
(v) Chief Executive Officer of a local government council;
(vi) General Manager of a local government council;
(vii) Governor-in-Council appointed Administrator of a local government council;
(viii) Councillor, Robinvale Ward, Swan Hill, Rural City Council;
(ix) Administrator of a local government council, in cases where a local government council has been placed under administration;
(c) in Queensland:
(i) Lord Mayor of a city;
(ii) Deputy Lord Mayor of a city;
(iii) Mayor of a local government council;
(iv) Deputy Mayor of a local government council;
(v) Chief Executive Officer of a local government council;
(vi) Councillor, Brisbane City Council;
(vii) Administrator of a local government council in cases where a local government council has been placed under administration;
(viii) Councillor, Torres Strait Island Regional Council;
(ix) Chair, Weipa Town Authority;
(x) Deputy Chair, Weipa Town Authority;
(xi) Superintendent, Weipa Town Authority;
(d) in Western Australia:
(i) Lord Mayor of a city;
(ii) Deputy Lord Mayor of a city;
(iii) Mayor of a city, municipality or town;
(iv) Deputy Mayor of a city, municipality, shire or town;
(v) Deputy President of a city, municipality, shire or town;
(vi) Chief Executive Officer of a city, municipality, shire or town;
(vii) President of a shire council;
(viii) Chairman of Commissioners in cases where a local government council has been placed under administration;
(ix) Administrator of a local government council in cases where a local government council has been placed under administration;
(x) Councillor, Coastal Ward, Shire of Coorow;
(xi) Councillor, Shire of East Pilbara;
(xii) Councillor, Shire of Moora;
(xiii) Councillor, Leinster Ward, Shire of Leonora;
(xiv) Councillor, Town of Fitzroy Crossing, Shire of Derby/West Kimberley;
(xv) Councillor, Town of Kununurra, Shire of Wyndham/East Kimberley;
(xvii) Councillor, Shire of Ashburton;
(e) in South Australia:
(i) Lord Mayor of a city;
(ii) Deputy Lord Mayor of a city;
(iii) Mayor of a local government council;
(iv) Chairperson of a local government council;
(v) Deputy Mayor of a local government council;
(vi) Deputy Chairperson of a local government council;
(vii) Administrator of a Municipality, or a local government council in cases where a Municipality or a local government council has been placed under administration;
(viii) Chief Executive Officer of a local government council;
(ix) Secretary, Woomera Board;
(x) Chair, Outback Community Authority;
(f) in Tasmania:
(i) Lord Mayor of a city;
(ii) Deputy Lord Mayor of a city;
(iii) Mayor of a local government council;
(iv) Deputy Mayor of a local government council;
(v) General Manager of a local government council;
(vi) Administrator of a local government council in cases where a local government council has been placed under administration;
(g) in the Australian Capital Territory:
(i) Member of the Australian Capital Territory Legislative Assembly;
(ii) Executive Group Manager with responsibility for the citizenship ceremony function;
(h) in the Northern Territory:
(i) Administrator of the Northern Territory;
(ii) Lord Mayor of a city;
(iii) Deputy Lord Mayor of a city;
(iv) Principal member of a local government council;
(v) Deputy principal member of a local government council;
(vi) Chief Executive Officer of a local government council;
(vii) Administrator of a local government council in cases where a local government council has been placed under administration;
(viii) Chair, Nhulunbuy Town Board;
(i) in the external Territories:
(i) Administrator, Norfolk Island;
(ii) President, Shire of Christmas Island;
(iii) President, Shire of Cocos (Keeling) Islands;
(iv) Chief Executive Officer, Shire of Cocos (Keeling) Islands;
(v) Station Leader, Australian Antarctic Base, Casey;
(vi) Station Leader, Australian Antarctic Base, Davis;
(vii) Station Leader, Australian Antarctic Base, Mawson.