Document ID: chunk:federal_register_of_legislation:C2024C00431:section:17
Version: federal_register_of_legislation:C2024C00431
Segment Type: section
Provision Reference: s 17
Character Range: 32674–34646

17  Minister's decision
 (1) If a person makes an application under section 16, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.
 (1A) The Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under subsection 16(2) or (3).
 (2) Subject to this section, the Minister must approve the person becoming an Australian citizen if the person is eligible to become an Australian citizen under subsection 16(2) or (3).

Identity
 (3) The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.
Note: Division 5 contains the identity provisions.

National security
 (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).
 (4A) If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence.
 (4B) A person is covered by this subsection if:
 (a) at the time the person made the application under section 16, the person:
 (i) is not a national of any country; and
 (ii) is not a citizen of any country; and
 (b) at the time of the person's birth, the person had a parent who was an Australian citizen.

Cessation of citizenship
 (5) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.