Document ID: chunk:federal_register_of_legislation:C2024C00431:section:24:p2
Version: federal_register_of_legislation:C2024C00431
Segment Type: section
Provision Reference: s 24 (pt 2/3)
Character Range: 76257–78836

may decide that subparagraph (4A)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person's conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.
 (4D) To avoid doubt, subsection (4A) applies to a person who is eligible to become an Australian citizen under subsection 21(8).

Person not present in Australia
 (5) If:
 (a) the person is covered by subsection 21(2), (3) or (4); and
 (aa) the Minister is satisfied that the person did not satisfy the special residence requirement referred to in section 22A or 22B; and
 (b) the Minister did not apply subsection 22(9) in relation to the person; and
 (c) the Minister did not apply subsection 22(11) in relation to the person;
the Minister must not approve the person becoming an Australian citizen at a time when the person is not present in Australia.

Offences
 (6) The Minister must not approve the person becoming an Australian citizen at a time:
 (a) when proceedings for an offence against an Australian law (including proceedings by way of appeal or review) are pending in relation to the person; or
 (b) when the person is confined to a prison in Australia; or
 (c) during the period of 2 years after the end of any period during which the person has been confined to a prison in Australia because of the imposition on the person of a serious prison sentence; or
 (d) if the person is a serious repeat offender in relation to a serious prison sentence—during the period of 10 years after the end of any period during which the person has been confined to a prison in Australia because of the imposition of that sentence; or
 (e) if the person has been released from serving the whole or a part of a sentence of imprisonment on parole or licence—during any period during which action can be taken under an Australian law to require the person to serve the whole or a part of that sentence; or
 (f) if the person:
 (i) has been released by a court from serving the whole or a part of a sentence of imprisonment; and
 (ii) has been so released because the person gave a security, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person's behaviour;
  during any period during which action can be taken against the person under an Australian law because of a breach of a condition of that security; or
 (g) if, in respect of proceedings for an offence against an Australian law in relation to the person:
 (i) a court does not