Kevin Andrews (Menzies, Liberal Party, Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

I move:

That the amendments be agreed to.

During my summing up speech in the House on 8 August this year I proposed amendments to the Australian Citizenship Amendment (Citizenship Testing) Bill 2007. These amendments were subsequently moved and passed in the Senate. I will now explain the two amendments. The first amendment clarifies the operation of proposed section 23A(1). The Senate Standing Committee on Legal and Constitutional Affairs recommended that new section 23A(1) in item 5 of schedule 1 to the bill be amended to clarify ambiguity. Although legal advice indicates there is no ambiguity, this proposed government amendment inserts a note at the end of the new section 23A(1) to make clear that a test approved by the minister under section 23A(1) must relate to the eligibility criteria referred to in new paragraphs 21(2)(d), (e) and (f). These criteria relate to the requirements for applicants to, first, have an understanding of the nature of the application for citizenship; second, possess a basic knowledge of the English language; and, third, have an adequate knowledge of Australia, including responsibilities and privileges of Australian citizenship.

The second amendment clarifies the operation of proposed section 23A(3). This proposed government amendment inserts a note into proposed section 23A(3) in item 5 of schedule 1 to the bill to make clear that the eligibility criteria for sitting a test cannot be inconsistent with the act and, in particular, the general eligibility criteria for citizenship contained in proposed section 21(2) of the bill. The note will alleviate concerns that have been raised regarding the power to determine eligibility criteria for sitting a test. For example, a determination could not legally provide that only people of French-speaking background are eligible to sit the test. I commend the amendments to the House.

Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Immigration, Integration and Citizenship) Share this | Link to this | Hansard source

The opposition supports the amendments. While the minister has stated that these amendments are the result of the Senate inquiry, the minister neglects to mention that these amendments were also proposed on the floor of this House by the opposition—in fact, they were suggested on first sight of the bill at the briefing at which a member of his staff was present when the opposition was formally briefed. These ambiguities were raised immediately by the opposition. An issue as important as Australian citizenship certainly dictates that care should be taken. Legislation should never be presented on something as important as Australian citizenship which, on the face of it, has been put together in a clumsy fashion. Labor is pleased that, while the minister did not seek to bring them to the House initially, these amendments were finally cleaned up by the Senate.

Question agreed to.