Skip to main
Australian Government Coat of ArmsAustralian Government

Federal Register of Legislation

Survey

A survey about the Federal Register of Legislation is available and we’d love it if you could take the time to fill it out. The survey will be open until 22 November 2024.

Australian Citizenship Act 2007

In force
Administered by
  • Department of Home Affairs
Superseded version
C2019C00040 (C27)29 December 2018 - 05 September 2020

On 1 November 2023, the High Court handed down its judgment in the matter of Benbrika v Minister for Home Affairs & Anor 2023 HCA 33. A majority of the High Court held that the power purportedly conferred on the Minister by s 36D of the Citizenship Act is indistinguishable from, and has the same purpose as, that purportedly conferred on the Minister by s 36B of the Citizenship Act. Accordingly, s 36D of the Citizenship Act is invalid because it purports to repose in the Minister for Home Affairs the exclusively judicial function of punishing criminal guilt, contrary to Ch III of the Constitution.


Legislation text