Document ID: chunk:federal_register_of_legislation:C2004A05126:clause:4_3
Version: federal_register_of_legislation:C2004A05126
Segment Type: clause
Provision Reference: sch 4 cl 3
Character Range: 11770–12804

3  After subsection 21(1)
Insert:

 (1A) For the purposes of subparagraph (1)(a)(iii), a person is taken to have obtained a certificate of Australian citizenship as a result of migration‑related fraud if, and only if:
 (a) at any time (including a time after the grant of the certificate) the person was convicted of an offence against section 234, 236, 243 or 244 of the Migration Act 1958, or section 29A, 29B or 29D of the Crimes Act 1914, that was committed at any time before the grant of the certificate (including a time before the making of the application); and
 (b) the act or omission that constituted the offence was connected with the person's entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia.

 (1B) Subsection (1A) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident.