Document ID: chunk:federal_register_of_legislation:C2004A02993:body:0:p8
Version: federal_register_of_legislation:C2004A02993
Segment Type: other
Provision Reference: 
Character Range: 17639–20413

of Australian citizenship
"13. (1) Subject to this section, the Minister may, in his discretion, upon application in accordance with the approved form, grant a certificate of Australian citizenship to a person who satisfies the Minister that—
    (a) he is a permanent resident;
    (b) he has attained the age of 18 years;
    (c) he understands the nature of the application;
    (d) he has been present in Australia as a permanent resident for a period of, or for periods amounting in the aggregate to, not less than one year during the period of 2 years immediately preceding the date of the furnishing of the application;
    (e) he has been present in Australia as a permanent resident for a period of, or for periods amounting in the aggregate to, not less than 2 years during the period of 5 years immediately preceding the date of the furnishing of the application;
    (f) he is of good character;
    (g) he possesses a basic knowledge of the English language;
    (h) he has an adequate knowledge of the responsibilities and privileges of Australian citizenship; and
    (j) if granted a certificate of Australian citizenship, he is likely to reside, or to continue to reside, in Australia, or to maintain a close and continuing association with Australia.
"(2) Where, by reason of a physical or mental incapacity, not being a temporary incapacity, an applicant under sub-section (1) is not capable of understanding the nature of that application, paragraphs (1) (c), (g) and (h) do not apply in relation to that person.
"(3) Paragraphs (1) (d) and (e) do not apply in relation to—
    (a) a person who has completed not less than 3 months' relevant defence service; or
    (b) a person who has been discharged from relevant defence service, before completing 3 months of that service, as medically unfit for service or further service and who became medically unfit by reason of his relevant defence service.
"(4) For the purposes of the application of sub-section (1) in relation to an applicant for the grant of a certificate of Australian citizenship—
    (a) the Minister shall not take into account, as a period during which the applicant has been present in Australia as a permanent resident, any period during which the applicant has been confined in a prison or has been confined in a psychiatric institution by order of a court made in connection with criminal proceedings against the person; and

    (b) subject to paragraph (a), the Minister may, in his discretion—
         (i) treat a period during which the applicant—
             (a) was a permanent resident;
             (b) was not present in Australia; and
             (c) was engaged in activities that the Minister considers beneficial to the interests of Australia,
         as a period