Document ID: chunk:federal_register_of_legislation:C2004A02993:body:0:p10
Version: federal_register_of_legislation:C2004A02993
Segment Type: other
Provision Reference: 
Character Range: 22645–25239

the approved form, grant a certificate of Australian citizenship to a person—
    (a) who has not attained the age of 18 years;
    (b) who—
         (i) has attained the age of 18 years; and
         (ii) has made the application before attaining that age;
    (c) who is the spouse, widow or widower of an Australian citizen; or
    (d) who—
         (i) has attained the age of 16 years; and
         (ii) is the spouse of a person who has been granted a certificate of Australian citizenship but has not yet acquired Australian citizenship by virtue of the operation of section 15.
"(10) Subject to sub-section (11), the Minister may, in his discretion, upon application in accordance with the approved form, include in a certificate of Australian citizenship, either at the time of granting the certificate or by later amending the certificate under this section, the name of a child who has not attained the age of 16 years and of whom the grantee is a responsible parent.
"(11) The Minister shall not grant a certificate of Australian citizenship to a person under sub-section (1) or (9) or include the name of a person in a certificate of Australian citizenship under sub-section (10)—
    (a) during any period during which proceedings for an offence against a law of the Commonwealth, a State or a Territory (including proceedings by way of appeal or review) are pending in relation to the person;
    (b) during any period during which the person is confined to a prison in Australia;
    (c) during the period of 2 years after the expiration of any period during which the person has been confined in a prison in Australia by reason of the imposition on him of—
         (i) a sentence of death that has been commuted to a sentence of imprisonment; or
         (ii) a sentence of imprisonment for life or for a period of not less than 12 months;
    (d) if the person has been released from serving a part of a sentence of imprisonment on parole or upon licence to be at large—during any period during which action can be taken in respect of the person under a law of the Commonwealth, a State or a Territory by way of requiring

    the person to serve the whole or a part of the remainder of that sentence;
    (e) if the person has been released by a court from serving a part of a sentence of imprisonment upon his giving a relevant security—during any period during which action can be taken in respect of the person under a law of the Commonwealth, a State or a Territory by reason of a breach of a condition of that security;
    (f) during any period during which the person