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Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017

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8227

2016-2017

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Australian Citizen ship Legislation Amendment (Strengthening the Requirements for Australian Citizen ship and Other Measures) Bill 2017

(1)     Schedule 1, item 10, page 5 (lines 4 to 7), omit the item, substitute:

10  Section 3

Insert:

declared area means an area declared by the Foreign Minister under section 119.4 of the Criminal Code .

mental health facility includes a mental health care section of a hospital.

terrorist organisation has the same meaning as in the Criminal Code .

[definitions]

(2)     Schedule 1, page 11, (after line 2), after item 27, insert:

27A  After subsection 17(5)

Insert:

Travel to declared areas and support for terrorist organisations

             (6)  The Minister must not approve the person becoming an Australian citizen if they have voluntarily travelled to a declared area on or after the day the area became a declared area.

          (6A)  The Minister must not approve the person becoming an Australian citizen if they have supported a terrorist organisation .

[travel to declared areas and terrorist organisations]

(3)     Schedule 1, page 13 (after line 12), after item 34, insert:

34A  After subsection 19D(5)

Insert:

          (5A)  The Minister must not approve the person becoming an Australian citizen if they have voluntarily travelled to a declared area on or after the day the area became a declared area.

          (5B)  The Minister must not approve the person becoming an Australian citizen if they have supported a terrorist organisation .

 [travel to declared areas and terrorist organisations]

(4)     Schedule 1, page 16 (after line 16), after item 40, insert:

40A  After paragraph 21(2)(c)

Insert:

                  “(ca)  satisfies the net taxpayer requirement (see section 23B); and”.

[net taxpayer requirement]

(5)     Schedule 1, page 18 (after line 10), after item 52, insert:

52A  After subsection 21(8)

Insert:

Travel to declared areas and support for listed terrorist organisations

             (9)  The Minister must not approve the person becoming an Australian citizen if they have voluntarily travelled to a declared area on or after on or after the day the area became a declared area.

          (9A)  The Minister must not approve the person becoming an Australian citizen if they have supported a terrorist organisation.

[travel to declared areas and terrorist organisations]

(6)     Schedule 1, item 56, page 19 (line 13) omit “4”, substitute “10”.

[residency requirement]

(7)     Schedule 1, page 26 (after line 12), after item 82, insert:

82A  After section 23A, insert:

23B   Net taxpayer requirement

Net taxpayer requirement

             (1)  For the purposes of section 21, a person satisfies the net taxpayer requirement if the person is a net taxpayer for at least 7 financial years of the residency period .

             (2)  If a person has received payments, allowances or benefits , the total income tax paid must exceed the total payments, allowances or benefits paid to the person for at least 7 financial years of the residency period .

             (3)  To avoid doubt, a person who is a net recipient cannot meet the net taxpayer requirement in section 21 until they meet the requirements in subsections 23B(1) or 23B(2).

Definitions

             (4)  In this section:

net recipient means a person who has received payments, allowances or benefits paid under the Social Security Act 1991, greater than any income tax paid by that person in a financial year.

net taxpayer means a person that has paid income tax greater than any payments, allowances or benefits paid under the Social Security Act 1991 in a financial year.

payments, allowances or benefits means payments, allowances or benefits paid under the Social Security Act 1991.

            [net taxpayer requirement]

(8)     Schedule 1, page 45 (after line 8), after item 132, insert:

132A  Schedule 1

After “under”, insert “Almighty”.

[pledge of allegiance]