Australian Citizenship Amendment (Intercountry Adoption) Act 2015

No. 7, 2015

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

Contents

1 Short title 1

2 Commencement 2

3 Schedule(s) 2

Schedule 1—Amendments 3

Australian Citizenship Act 2007 3

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
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 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.section 19C of the

[Minister’s second reading speech made in—

House of Representatives on 29 May 2014

Senate on 25 September 2014]

(108/14)