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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
2019-07-02 Daily Xml
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Australian Citizenship Day

In reply to the Hon. T.A. FRANKS (16 May 2019).

The Hon. R.I. LUCAS (Treasurer): The Minister for Transport, Infrastructure and Local Government has provided the following advice:

All South Australian councils hold citizenship ceremonies on behalf of the Australian government, in partnership with the Department of Home Affairs. The South Australian government has no constitutional responsibility for citizenship ceremonies. However, it is responsible for the legislation that establishes the system of local government in this State, and sets the framework in which councils operate.

The Australian Citizenship Ceremonies Code (the code) provides guidance to councils on the format, location and timing of citizenship ceremonies. Councils must comply with this code when arranging and holding citizenship ceremonies.

The code requires ceremonies to be apolitical. The election pledge is therefore consistent with the Code as its purpose is to prevent councils from using citizenship ceremonies as a means of making a political statement about Australia Day.

In 2017 two Victorian councils passed resolutions to no longer hold citizenship ceremonies on Australia Day, as an expression of their views on 26 January. The Australian government stripped these councils of their right to hold citizenship ceremonies under the Australian Citizenship Act 2007, as they had breached the code's requirement to keep citizenship ceremonies free of politics.

In October 2018 Byron Shire Council in NSW reversed its decision to shift all Australia Day events from January 26 after the Australian government stripped the council of its right to hold citizenship ceremonies.

These councils have chosen to use citizenship ceremonies to make a statement about 26 January. Australian Citizenship Day—17 September—is not subject to these political views, and it is therefore not necessary to take any action in regard to this date.

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