Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Australian Citizenship Act 2007, and for related purposes
Administered by: Immigration and Border Protection
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 25 Jun 2015
Introduced HR 24 Jun 2015
Table of contents.

2013‑2014‑2015

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Australian Citizenship Amendment (Allegiance to Australia) Bill 2015

 

No.      , 2015

 

(Immigration and Border Protection)

 

 

 

A Bill for an Act to amend the Australian Citizenship Act 2007, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

4............ Purpose of this Act............................................................................. 2

Schedule 1—Amendments                                                                                                3

Australian Citizenship Act 2007                                                                              3

 

 


A Bill for an Act to amend the Australian Citizenship Act 2007, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Australian Citizenship Amendment (Allegiance to Australia) Act 2015.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4  Purpose of this Act

                   This Act is enacted because the Parliament recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia.

Schedule 1Amendments

  

Australian Citizenship Act 2007

1  Section 32A

Omit:

•      you serve in the armed forces of a country at war with Australia: see section 35; or

substitute:

•      you engage in various kinds of conduct inconsistent with allegiance to Australia: see sections 33AA, 35 and 35A; or

2  Section 33 (heading)

Repeal the heading, substitute:

33  Renunciation by application

3  After section 33

Insert:

33AA  Renunciation by conduct

Renunciation and cessation of citizenship

             (1)  Subject to this section, a person who is a national or citizen of a country other than Australia renounces their Australian citizenship if the person acts inconsistently with their allegiance to Australia by engaging in conduct specified in subsection (2).

Note:          The Minister may, in writing, exempt the person from the effect of this section in relation to certain matters: see subsection (7).

             (2)  Subsection (1) applies to the following conduct:

                     (a)  engaging in international terrorist activities using explosive or lethal devices;

                     (b)  engaging in a terrorist act;

                     (c)  providing or receiving training connected with preparation for, engagement in, or assistance in a terrorist act;

                     (d)  directing the activities of a terrorist organisation;

                     (e)  recruiting for a terrorist organisation;

                      (f)  financing terrorism;

                     (g)  financing a terrorist;

                     (h)  engaging in foreign incursions and recruitment.

             (3)  Words and expressions used in paragraphs (2)(a) to (h) have the same meanings as in Subdivision A of Division 72, sections 101.1, 101.2, 102.2, 102.4, 103.1 and 103.2 and Division 119 of the Criminal Code, respectively.

             (4)  Subsection (1) applies to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).

             (5)  Where a person renounces their Australian citizenship under this section, the renunciation takes effect, and the Australian citizenship of the person ceases, immediately upon the person engaging in the conduct referred to in subsection (2).

Note:          A child of the person may also cease to be an Australian citizen: see section 36.

Minister to give notice

             (6)  If the Minister becomes aware of conduct because of which a person has, under this section, ceased to be an Australian citizen, the Minister must give written notice to that effect at such time and to such persons as the Minister considers appropriate.

Minister’s power to rescind notice and exempt person

             (7)  Where the Minister has given a notice under subsection (6) relating to a person, the Minister may, if he or she considers it in the public interest to do so:

                     (a)  rescind the notice; and

                     (b)  exempt the person from the effect of this section in relation to the matters that were the basis for giving the notice.

             (8)  The Minister does not have a duty to consider whether to exercise the power under subsection (7), whether he or she is requested to do so by any person, or in any other circumstances.

General provisions relating to Minister’s powers

             (9)  The powers of the Minister under this section may only be exercised by the Minister personally.

           (10)  The rules of natural justice do not apply in relation to the powers of the Minister under this section, and section 47 does not apply in relation to the exercise of those powers.

           (11)  An instrument exercising any of the Minister’s powers under this section is not a legislative instrument.

           (12)  Section 39 of the Australian Security Intelligence Organisation Act 1979 does not apply in relation to this section.

4  Section 35

Repeal the section, substitute:

35  Service outside Australia in armed forces of an enemy country or a declared terrorist organisation

Cessation of citizenship

             (1)  A person ceases to be an Australian citizen if:

                     (a)  the person is a national or citizen of a country other than Australia; and

                     (b)  the person:

                              (i)  serves in the armed forces of a country at war with Australia; or

                             (ii)  fights for, or is in the service of, a declared terrorist organisation; and

                     (c)  the person’s service or fighting occurs outside Australia.

Note:          The Minister may, in writing, exempt the person from the effect of this section in relation to certain matters: see subsection (6).

Note 2:       A child of the person may also cease to be an Australian citizen: see section 36.

             (2)  The person ceases to be an Australian citizen at the time the person commences to so serve or fight.

             (3)  Subsection (1) applies to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).

             (4)  A declared terrorist organisation is any terrorist organisation, within the meaning of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code, that the Minister declares, in writing, is a declared terrorist organisation for the purposes of this section.

Minister to give notice

             (5)  If the Minister becomes aware of conduct because of which a person has, under this section, ceased to be an Australian citizen, the Minister must give written notice to that effect at such time and to such persons as the Minister considers appropriate.

Minister’s power to rescind notice and exempt person

             (6)  Where the Minister has given a notice under subsection (5) relating to a person, the Minister may, if he or she considers it in the public interest to do so:

                     (a)  rescind the notice; and

                     (b)  exempt the person from the effect of this section in relation to the matters that were the basis for giving the notice.

             (7)  The Minister does not have a duty to consider whether to exercise the power under subsection (6), whether he or she is requested to do so by any person, or in any other circumstances.

General provisions relating to Minister’s powers

             (8)  The powers of the Minister under this section may only be exercised by the Minister personally.

             (9)  The rules of natural justice do not apply in relation to the powers of the Minister under this section, and section 47 does not apply in relation to the exercise of those powers.

           (10)  An instrument exercising any of the Minister’s powers under this section is not a legislative instrument.

           (11)  Section 39 of the Australian Security Intelligence Organisation Act 1979 does not apply in relation to this section.

5  After section 35

Insert:

35A  Conviction for terrorism offences and certain other offences

Cessation of citizenship

             (1)  A person ceases to be an Australian citizen if:

                     (a)  the person is convicted of an offence mentioned in subsection (3); and

                     (b)  at the time of the conviction, the person is a national or citizen of a country other than Australia.

Note 1:       The Minister may exempt the person from the effect of this section in relation to certain matters: see subsection (6).

Note 2:       A child of the person may also cease to be an Australian citizen: see section 36.

             (2)  The person ceases to be an Australian citizen at the time of the conviction.

             (3)  For the purposes of paragraph (1)(a), the offences are the following:

                     (a)  an offence against Subdivision A of Division 72 of the Criminal Code;

                     (b)  an offence against section 80.1, 80.1AA or 80.2, subsection 80.2A(1) or 80.2B(1) or section 80.2C or 91.1 of the Criminal Code;

                     (c)  an offence against Part 5.3 of the Criminal Code (except section 102.8 or Division 104 or 105);

                     (d)  an offence against Part 5.5 of the Criminal Code;

                     (e)  an offence against section 24AA, 24AB, 25 or 26, subsection 27(1) or section 29 of the Crimes Act 1914.

             (4)  Subsection (1) applies to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth).

Minister to give notice

             (5)  If the Minister becomes aware of a conviction because of which a person has, under this section, ceased to be an Australian citizen, the Minister must give written notice to that effect at such time and to such persons as the Minister considers appropriate.

Minister’s power to rescind notice and exempt person

             (6)  Where the Minister has given a notice under subsection 33AA(6) or 35(5), or subsection (5) of this section, relating to a person the Minister may, if he or she considers it in the public interest to do so:

                     (a)  rescind the notice; and

                     (b)  exempt the person from the effect of this section in relation to the matters that were the basis for giving the notice.

             (7)  The Minister does not have a duty to consider whether to exercise the power under subsection (6), whether he or she is requested to do so by any person, or in any other circumstances.

General provisions relating to Minister’s powers

             (8)  The powers of the Minister under this section may only be exercised by the Minister personally.

             (9)  The rules of natural justice do not apply in relation to the powers of the Minister under this section, and section 47 does not apply in relation to the exercise of those powers.

           (10)  An instrument exercising any of the Minister’s powers under this section is not a legislative instrument.

           (11)  Section 39 of the Australian Security Intelligence Organisation Act 1979 does not apply in relation to this section.

6  Paragraph 36(1)(a)

Omit “section 33, 34, 34A or 35”, substitute “section 33, 33AA, 34, 34A, 35 or 35A”.

7  At the end of Division 3 of Part 2

Add:

36A  No resumption of citizenship if citizenship ceases under section 33AA, 35 or 35A

                   If under section 33AA, 35 or 35A a person ceases to be an Australian citizen, then Divisions 1 and 2 of this Part do not apply in relation to the person on and after the time of that cessation.

Note:          The effect of this section is that (subject to the Minister’s powers under subsections 33AA(7), 35(6) and 35A(6)) the person can never become an Australian citizen again.

8  Application provisions

Application of section 33AA

(1)       Section 33AA of the Australian Citizenship Act 2007 (as amended by this Schedule) applies in relation to:

                     (a)  persons who became Australian citizens before, on or after the commencement of this item; and

                     (b)  conduct engaged in on or after the commencement of this item (whether the conduct commenced before, on or after the commencement of this item).

Application of section 35

(2)       Section 35 of the Australian Citizenship Act 2007 (as amended by this Schedule) applies in relation to:

                     (a)  persons who became Australian citizens before, on or after the commencement of this item; and

                     (b)  fighting for, or being in the service of, a declared terrorist organisation that occurs on or after the commencement of this item (whether the fighting or service commenced before, on or after the commencement of this item).

(3)       If the fighting or service commenced before the commencement of this item, the person ceases to be an Australian citizen at the time this item commences.

Application of section 35A

(4)       Section 35A of the Australian Citizenship Act 2007 (as amended by this Schedule) applies in relation to:

                     (a)  persons who became Australian citizens before, on or after the commencement of this item; and

                     (b)  convictions that occur after the commencement of this item, whether the conduct constituting the offence occurred before, on or after that commencement.