Document ID: chunk:federal_register_of_legislation:C2024C00431:section:26
Version: federal_register_of_legislation:C2024C00431
Segment Type: section
Provision Reference: s 26
Character Range: 81861–83823

26  Pledge of commitment must be made
 (1) A person must make a pledge of commitment to become an Australian citizen unless the person:
 (a) is aged under 16 at the time the person made the application to become an Australian citizen; or
 (b) has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person:
 (i) is not capable of understanding the nature of the application at that time; or
 (ii) is not capable of demonstrating a basic knowledge of the English language at that time; or
 (iii) is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or
 (c) is covered by subsection 21(6), (7) or (8).
Note: See section 27 for how the pledge is to be made.
 (2) A person must not make a pledge of commitment before the Minister approves the person's application to become an Australian citizen. A pledge of commitment made by the person before that time is of no effect.

Delayed making of pledge
 (3) If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:
 (a) a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or
 (b) the person has been or may be charged with an offence under an Australian law.
 (4) The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.
 (5) The Minister may, by writing, revoke a determination.
 (6) If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. A pledge of commitment made by the person before that time is of no effect.