Government & law

The Australian Citizenship Act 2007 in Plain English

The Australian Citizenship Act 2007 in plain English: ways to become a citizen, the pledge, dual citizenship, and whether citizenship can be revoked.

By CitiZen AU Published Updated 4 min read

The Australian Citizenship Act 2007 is the federal law that decides who is an Australian citizen, how people can become citizens, and how citizenship can end. It commenced on 1 July 2007 and replaced the Australian Citizenship Act 1948. Everything from the citizenship test to the pledge at your ceremony rests on this Act.

This plain-English guide explains the main parts of the citizenship Act and answers a common question: can Australian citizenship be revoked? It is general information, not legal advice.

What the Australian Citizenship Act Does

The Act sets out:

  • Automatic citizenship — who becomes a citizen without applying
  • Citizenship by application — conferral, descent and other pathways
  • Requirements such as residence, good character and the citizenship test
  • The pledge of commitment
  • Evidence of citizenship
  • How citizenship can end — renunciation, revocation and other limited circumstances
  • Resumption of citizenship for some former citizens

The Act begins with a preamble recognising that citizenship represents full and formal membership of the Australian community and a common bond involving reciprocal rights and obligations.

Automatic Citizenship

Some people become citizens automatically, without applying. The most common case is a child born in Australia with at least one parent who is an Australian citizen or permanent resident. Children born in Australia who are ordinarily resident here until their 10th birthday may also become citizens then. Some children adopted in Australia by citizens are covered too.

Citizenship by Application

  • Conferral — the main pathway for migrants who are permanent residents or eligible New Zealand citizens.
  • Descent — for people born overseas to an Australian citizen parent.
  • Intercountry adoption — for some children adopted overseas by Australian citizens.
  • Resumption — for some people who previously gave up Australian citizenship.

The Test and the Pledge

The Act provides the legal basis for the citizenship test and the requirement that most conferral applicants aged 16 and over make the pledge of commitment. For conferral applicants, citizenship begins when the pledge is made.

Dual Citizenship Under the Act

The 2007 Act continues the position introduced in 2002: Australians do not lose their citizenship by acquiring another citizenship. See our dual citizenship guide.

Can Australian Citizenship Be Revoked?

Losing citizenship against your will is rare, and the Act limits when it can happen.

Renunciation

A citizen can choose to give up their citizenship by applying to renounce it, generally only if they hold, or will hold, another citizenship.

Revocation

The Minister can revoke citizenship in limited circumstances — for example, where a person obtained citizenship by application (such as conferral) through fraud or misrepresentation, or was convicted of certain serious offences committed before they became a citizen. There are safeguards, and a decision can generally be reviewed.

Serious Offences and Dual Citizens

The law has included provisions for dual citizens who engage in terrorism-related conduct. After High Court decisions, Parliament changed how these provisions work, and they now generally involve a court. These rules are complex and cannot be used to make a person stateless.

For most people, the takeaway is simple: be honest in every application. Giving false information is one of the few ways citizenship can be taken away.

How the Act Connects to the Constitution

The Constitution gives the federal Parliament power to make laws about matters such as naturalisation and immigration. Our guide to the Australian Constitution explains how federal powers work.

Frequently Asked Questions

Where can I read the Australian Citizenship Act 2007?

The full text is published on the Federal Register of Legislation. The Department of Home Affairs explains how it applies in practice.

Can citizenship be revoked for someone born in Australia?

Revocation for fraud applies to people who became citizens by application, not to people who were citizens by birth in Australia. The rules for serious offences are narrow and complex; seek legal advice for any specific case.

Has the Act been changed since 2007?

Yes, it has been amended a number of times since it commenced. Always check the current version rather than relying on older summaries.

Will I be tested on the Act?

Not directly. The test is based on Our Common Bond, which explains the rights and responsibilities the Act supports.

From Law to Practice

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