Law and Policy

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Click on a topic below for information on law and policy as it relates to Australian citizenship.

The Australian Citizenship Act 2007

The Australian Citizenship Act 2007 is the legal basis for all citizenship provisions. It commenced on 1 July 2007.

It was amended by the Australian Citizenship Amendment (Citizenship Testing) Act 2007 in September 2007.

Legislation and regulations are not published on this department's website, but can be accessed from a legal information retrieval system owned by the Australian Attorney General's Department.

To access the Australian Citizenship Act 2007 or the Australian Citizenship Regulations 2007, please visit the ComLaw website.
See: ComLaw website

What is Australia as currently defined for citizenship?

The Australian Citizenship Act 2007 defines the territory of Australia as including the six states and:

  • the internal territories of:
    • Northern Territory
    • Australian Capital Territory
    • the Jervis Bay Territory, and
  • the external territories of:
    • Norfolk Island
    • Cocos (Keeling) Islands
    • Christmas Island
    • the Australian Antarctic Territory
    • Ashmore & Cartier Islands
    • the Coral Sea Islands, and
    • Heard & McDonald Islands.

If the applicant has spent time as a permanent resident in the Australian Antarctic Territory, Ashmore & Cartier Islands, the Coral Sea Islands and Heard & McDonald Islands, they must provide evidence of the time spent in those territories, such as a letter from their employer.

Australian Citizenship Instructions

The Australian Citizenship Instructions (ACIs) contain approved policy guidance in relation to the Australian Citizenship Act 2007.

The ACIs are available for download. They provide guidance on policy in relation to the interpretation of, and the exercise of powers under, the Act and the Regulations.
See:
Australian Citizenship Instructions (1.1MB PDF file)
Ministers Determination for the approval of a citizenship test (section 23A of the Australian Citizenship Act 2007) (425KB PDF file)

The current expanded ACIs are available to subscribers of LEGENDcom, our online database of migration and citizenship legislation and policy documents.
See: LEGENDcom

Changes to Australian Citizenship legislation

This section contains an overview of the changes to Australian Citizenship legislation which are contained within the Australian Citizenship Act 2007.
See: Recent changes to Australian citizenship legislation