australian-citizenship-amendment-allegiance-to-australia-act-2015.pdf, p.7
Omit serving in armed forces of a country at war with Australia
1 Section 32A
Prohibits serving in armed forces of a country at war with Australia
australian-citizenship-amendment-allegiance-to-australia-act-2015.pdf, p.8
101 Section 101
Must give written notice to a person if they have ceased to be an Australian citizen.
101(10) Section 101
Notice must set out specific matters and person's rights of review.
101(11) Section 101
Minister's power to determine notice exemption
101(12) Section 101
Renunciation of citizenship affects applicability of certain subsections.
101(13) Section 101
Renunciation overlaps with subsection applicability.
Temporal overlap between subsections and renunciation.
(13) Subsections (14) to (19) apply only if a person has renounced his or her citizenship under this section.
Renunciation inferences subsection applicability.
Inference of renunciation effect on subsections.
Obligation to renounce citizenship for applicability of subsections.
Subsections (14) to (19) apply only if a person has renounced his or her citizenship under this section.
Renunciation diffuses subsection applicability.
Diffusion of renunciation effect on subsections.
Renunciation until subsection applicability.
Temporal relationship between renunciation and subsection applicability.
Minister may exempt person from section's effect after renunciation of citizenship.
101(14) Section 101
Exemption may apply during this time period
Temporal overlap between renunciation and exemption
Renunciation occurs after a certain time period
Person may be exempted from section's effect
Minister has authority to make determination
No duty to consider exercising power under subsection (14)
101(15) Section 101
Minister does not have a duty to consider exercising power under subsection (14)
Minister has a duty to consider exercising power under subsection (14)
Minister is not required to consider matters in subsection (17) when deciding whether to exercise power.
101(16) Section 101
Minister has an obligation not to consider matters in subsection (17)
The Minister must consider certain factors when deciding whether to exercise the power in subsection (14)
101(17) Section 101
The Minister must consider certain factors
(17) If the Minister decides to consider...
Minister must provide statement to Parliament within 15 days of determination.
101(18) Section 101
Minister has a duty to provide statement.
Prohibition on publishing names of certain persons
101(19) Section 101
The Minister must exercise powers personally.
101(20) Section 101
Section 47 does not apply to all Minister decisions under this section.
101(21) Section 101
Rules of natural justice apply to Minister's decisions under subsection (14)
101(22) Section 101
Instrument exercising Minister's powers under section 101 is not a legislative instrument.
101(23) Section 101
Prohibits exercising Minister's powers under section 101 as a legislative instrument.
A person's citizenship is not taken to have ceased under this section if certain conditions are met.
101(24) Section 101
The temporal interval of a person's citizenship status overlaps with the specified conditions
The temporal interval of a person's citizenship status is defined as the period during which they are considered to be a citizen.
If certain conditions are met, then a person's citizenship status has not ceased
The specified conditions are necessary for a person's citizenship status to have not ceased.
Obligation to respect a person's citizenship status
The state has the obligation to respect a person's citizenship status.
The diffusion of information about the specified conditions affects the status of a person's citizenship
The diffusion of information about the specified conditions can affect the status of a person's citizenship.
The temporal interval of a person's citizenship status is until the specified conditions are met
Exemption from section 101 for certain individuals
101(7) Section 101
Relates the time of departure from Australia to the conduct
(b) the person left Australia after engaging in the conduct and, at the time that the person left Australia, the person had not been tried for any offence related to the conduct.
Exempts conduct by a person from section 101
(7) This section does not apply in relation to conduct by a person
Permits conduct by a person from section 101 under certain conditions
(7) This section does not apply in relation to conduct by a person unless (a) or (b)
Classifies the scope of section 101 as an obligation
Identifies a recurring trace in the conduct and departure times
Australian citizenship applies regardless of birth
101(8) Section 101
Birth is a temporal interval for becoming an Australian citizen
Temporal interval: Person born -> AustralianCitizen
Person becomes Australian citizen upon birth
Person became Australian citizen upon birth
Renunciation of Australian citizenship takes effect immediately upon conduct.
101(9) Section 101
Imposes a duty on the Minister to give notice.
Repeal heading and substitute with new text.
2 Section 33 (heading)
3 After section 33
33 Renunciation by application
33AA Renunciation by conduct
Renunciation of Australian citizenship by conduct
33AA(1) Renunciation by conduct
Prohibits engaging in international terrorist activities using explosive or lethal devices.
33AA(2) Renunciation by conduct
Defines a temporal interval for prohibited conduct
(2) Subject to subsections (3) to (5), subsection (1) applies to the following conduct:
Coercion or intimidation of government or public is prohibited.
33AA(3) Renunciation by conduct
Defines temporal interval for coercion or intimidation.
(3) Subsection (1) applies to conduct specified in any of paragraphs (2)(a) to (h) only if the conduct is engaged in...
Defines coercion as a diffusion process.
Engaging in conduct with intention to support a declared terrorist organisation.
33AA(4) Renunciation by conduct
A person is taken to have engaged in conduct with an intention to support a declared terrorist organisation.
(4) A person is taken to have engaged in conduct with an intention referred to in subsection (3)
Does not prevent proof or establishment of conduct with intention
33AA(5) Renunciation by conduct
Excludes subsection (4) from preventing proof or establishment
Relates to explicit class hierarchy of subsections
Definition of terms used in paragraphs (2)(a) to (h)
33AA(6) Renunciation by conduct
australian-citizenship-amendment-allegiance-to-australia-act-2015.pdf, p.12
35 Service outside Australia in armed forces of an enemy country or
Ceases to be an Australian citizen if serves in armed forces of enemy country or fights for declared terrorist organisation.
35(1) Service outside Australia in armed forces of an enemy country or
ceases to be an Australian citizen if serves in armed forces of enemy country or fights for declared terrorist organisation.
The conditions under which a person ceases to be an Australian citizen overlap with the definition of serving in armed forces of an enemy country or fighting for a declared terrorist organisation.
(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 (see section 35AA); and
The conditions under which a person ceases to be an Australian citizen imply that serving in armed forces of an enemy country or fighting for a declared terrorist organisation is a sufficient condition.
Prohibits ceasing to be an Australian citizen under certain conditions.
(a) the person is a national or citizen of a country other than Australia; and (b) the person: ComLaw Authoritative Act C2015A00166 Main amendments Schedule 1 No. 166, 2015
Justifies the prohibition on ceasing to be an Australian citizen under certain conditions.
The conditions under which a person ceases to be an Australian citizen repeat the definition of serving in armed forces of an enemy country or fighting for a declared terrorist organisation.
Minister does not have a duty to consider exercising power under subsection (9)
35(10) Service outside Australia in armed forces of an enemy country or
Minister has no obligation to consider exercising power
Minister not required to have regard to matters in subsection (12) when deciding whether to exercise power in subsection (9)
35(11) Service outside Australia in armed forces of an enemy country or
Minister's power and considerations overlap
Power in subsection (9) overlaps with considerations in subsection (12)
Subsection (12) defines the scope of consideration for the Minister
Minister has an obligation to exercise power in subsection (9)
Subsection (9) grants the Minister power
Minister is permitted to exercise power in subsection (9)
Subsection (9) grants the Minister permission
Minister has an obligation to have regard to matters in subsection (12)
Minister must make a decision about exercising power
Minister is obligated to decide whether to exercise power in subsection (9)
Minister must consider certain factors when deciding to exercise power
35(12) Service outside Australia in armed forces of an enemy country or
(12) If the Minister decides to consider whether to exercise the power in subsection (9), then, in that consideration, the Minister must have regard to...
35(13) Service outside Australia in armed forces of an enemy country or
Prohibition on publishing names of persons connected to matter concerned
35(14) Service outside Australia in armed forces of an enemy country or
Minister must exercise powers personally
35(15) Service outside Australia in armed forces of an enemy country or
Section 47 applies to a decision by the Minister to make, or not make, a determination under subsection (9)
35(16) Service outside Australia in armed forces of an enemy country or
Obligation to make a determination under subsection (9)
Rules of natural justice apply to Minister's decisions under subsection (9)
35(17) Service outside Australia in armed forces of an enemy country or
Minister must follow rules of natural justice
Instrument exercising Minister's powers under section 35(18) is not a legislative instrument.
35(18) Service outside Australia in armed forces of an enemy country or
Defines temporal overlap between section 35(18) and legislative instruments
(18) An instrument exercising any of the Minister’s powers under this section is not a legislative instrument.
Prohibits exercising Minister's powers under section 35(18)
Imposes obligation on instruments exercising Minister's powers under section 35(18)
Permits exercise of Minister's powers under section 35(18)
Defines temporal relationship between section 35(18) and legislative instruments
A person's citizenship is taken never to have ceased under this section if certain conditions are met.
35(19) Service outside Australia in armed forces of an enemy country or
Ceasing Australian citizenship upon service in enemy forces.
35(2) Service outside Australia in armed forces of an enemy country or
The person's citizenship loss is during their military service.
(2) The person ceases to be an Australian citizen...
If the person serves, they lose their citizenship.
The person is no longer an Australian citizen.
Australian citizenship applies regardless of how the person became an Australian citizen.
35(3) Service outside Australia in armed forces of an enemy country or
There is a temporal relation between the person's birth and their citizenship.
The person's citizenship applies regardless of when they became an Australian citizen.
Therefore, there is an obligation on the state to recognize this citizenship.
The person is an Australian citizen regardless of how they became an Australian citizen.
There is an obligation on the state to recognize this citizenship.
This obligation will be propagated through the system.
The person's citizenship applies regardless of how they became an Australian citizen.
Minister must give notice when a person is not in the service of a declared terrorist organisation to that extent.
35(4) Service outside Australia in armed forces of an enemy country or
Minister must give notice when person is not in service
Temporal relation between 'notice' and 'service'
Notice must be given before service begins
Must give written notice to a person who has ceased to be an Australian citizen.
35(5) Service outside Australia in armed forces of an enemy country or
35(6) Service outside Australia in armed forces of an enemy country or
The Minister may determine not to give a notice under certain circumstances.
35(7) Service outside Australia in armed forces of an enemy country or
The Minister may determine not to give a notice.
Ceases to be a citizen under this section before subsections (9) to (14) apply.
35(8) Service outside Australia in armed forces of an enemy country or
Subsections (9) to (14) apply during the period of ceasing citizenship
(8) Subsections (9) to (14) apply only if a person has ceased to be a citizen under this section.
Ceases to be a citizen before applying subsections (9) to (14)
The Minister may exempt a person from the effect of section 35 in relation to matters that were the basis for a notice.
35(9) Service outside Australia in armed forces of an enemy country or
The Minister has the power to permit an exemption.
The Minister may make a determination to exempt the person.
australian-citizenship-amendment-allegiance-to-australia-act-2015.pdf, p.18
35A Conviction for terrorism offences and certain other offences
Loss of Australian citizenship due to conviction for terrorism offences and certain other offences.
35A(1) Conviction for terrorism offences and certain other offences
The person's conviction overlaps with their loss of citizenship.
Temporal overlap between conviction and loss of citizenship.
The person has, in respect of the conviction or convictions, been sentenced to a period of imprisonment of at least 6 years...
The conviction implies a loss of right to remain an Australian citizen.
Implication of conviction on Australian citizenship.
Having regard to the following factors, the Minister is satisfied that it is not in the public interest for the person to remain an Australian citizen:
Conviction for terrorism offences and certain other offences.
The information about the loss of citizenship diffuses through the legal system.
Diffusion of information about loss of citizenship.
A person may seek review of a determination made under this subsection in the High Court of Australia under section 75 of the Constitution, or in the Federal Court of Australia under section 39B of the Judiciary Act 1903.
The person's conviction reaches the point where they no longer have a right to remain an Australian citizen.
Temporal reach between conviction and loss of citizenship.
The Minister is satisfied that it is not in the public interest for the person to remain an Australian citizen:
Minister must exercise powers personally.
35A(10) Conviction for terrorism offences and certain other offences
The temporal interval is between the exercise of powers and the personal exercise.
Temporal interval between exercise of powers and personal exercise.
(10) The powers of the Minister under this section may only be exercised by the Minister personally.
Minister's obligation to exercise powers personally.
The temporal limit is until the personal exercise.
No application of natural justice for Minister's powers under this section.
35A(11) Conviction for terrorism offences and certain other offences
(11) Except for the powers of the Minister under subsection (1),
No application of Section 47 to Minister's powers under this section.
35A(12) Conviction for terrorism offences and certain other offences
Minister's actions are not subject to Section 47.
Section 47 applies to Minister's powers under this section.
Minister's actions are justified by Section 47 exemption.
Instrument exercising Minister's powers under section is not a legislative instrument.
35A(13) Conviction for terrorism offences and certain other offences
Specifies the temporal scope of instruments that are not legislative instruments.
(13) An instrument exercising any of the Minister’s powers under this section is not a legislative instrument.
Establishes the implication that exercising Minister's powers under section results in an instrument not being a legislative instrument.
Infers the prohibition on exercising Minister's powers under section as a legislative instrument from the definition of legislative instruments.
Prohibits exercising Minister's powers under section as a legislative instrument.
Diffuses the prohibition on exercising Minister's powers under section as a legislative instrument.
Ceases to be an Australian citizen at the time of determination.
35A(2) Conviction for terrorism offences and certain other offences
The person ceases to be an Australian citizen during their conviction.
(2) The person ceases to be an Australian citizen at the time when the determination is made.
The person ceases to be an Australian citizen.
Australian citizenship is a condition for the application of subsection (1)
35A(3) Conviction for terrorism offences and certain other offences
The person was born before becoming an Australian citizen
Describes the temporal relationship between being born and becoming an Australian citizen
A person who became an Australian citizen upon the person’s birth
The person must be an Australian citizen
Implies that being an Australian citizen is necessary for the application of subsection (1)
Subsection (1) applies to a person who is an Australian citizen regardless of how the person became an Australian citizen
Implies that being born in Australia is necessary for citizenship
A person is taken to have been sentenced to imprisonment in respect of the offence against the provision mentioned in paragraph (1)(a) for that part of the total period of imprisonment if it is clear that only a particular part of the total period relates to the offence.
35A(4) Conviction for terrorism offences and certain other offences
...the person is taken to have been sentenced...
The total period of imprisonment includes a part that relates to the offence.
(i) if it is clear that only a particular part of the total period...
the person is taken to have been sentenced...
The state takes an obligation on a person.
(4) For the purpose of paragraph (1)(b):
If it is not clear that only a particular part of the total period relates to the offence, then the person is taken to have been sentenced for the whole of the total period.
(ii) if subparagraph (i) does not apply...
If it is clear that only a particular part of the total period relates to the offence, then the person is taken to have been sentenced for that part of the total period.
Minister must give written notice to person ceasing Australian citizenship.
35A(5) Conviction for terrorism offences and certain other offences
35A(6) Conviction for terrorism offences and certain other offences
Notice not to be given under certain circumstances
35A(7) Conviction for terrorism offences and certain other offences
Minister must revoke determination if conviction is overturned on appeal.
35A(8) Conviction for terrorism offences and certain other offences
Minister has an obligation to revoke determination.
If Minister revokes determination, person's citizenship is taken never to have ceased.
35A(9) Conviction for terrorism offences and certain other offences
Person's citizenship is taken never to have ceased.
australian-citizenship-amendment-allegiance-to-australia-act-2015.pdf, p.16
35AA Declared terrorist organisation
35AA(1) Declared terrorist organisation
Minister must be satisfied on reasonable grounds before declaring an organisation a declared terrorist organisation.
35AA(2) Declared terrorist organisation
the organisation's declaration MUST BE BETWEEN a certain time frame
Organisation's declaration must be within a certain time frame
(2) Before declaring that an organisation is a declared terrorist organisation, the Minister...
the Minister MUST be satisfied on reasonable grounds
Minister must be satisfied on reasonable grounds
the organisation MUST NOT advocate the doing of a terrorist act
Organisation must not advocate doing of a terrorist act
the organisation MUST NOT oppose Australia's interests, values, democratic beliefs, rights or liberties
Organisation must not oppose Australia's interests, values, democratic beliefs, rights or liberties
No administrative action for declaration review purposes
35AA(3) Declared terrorist organisation
(3) The making of a declaration under subsection (1) is taken not to be prescribed administrative action for the purposes of Part IV of the Australian Security Intelligence Organisation Act 1979.
Review declaration made under subsection (1) as soon as possible after declaration is made.
35AA(4) Declared terrorist organisation
australian-citizenship-amendment-allegiance-to-australia-act-2015.pdf, p.17
35AB Sections 33AA and 35 do not apply to conduct of Australian
Australian law enforcement or intelligence bodies are exempt from certain sections.
35AB(1) Sections 33AA and 35 do not apply to conduct of Australian
Exempts Australian law enforcement or intelligence bodies from certain sections.
Defines Australian law enforcement or intelligence body
35AB(2) Sections 33AA and 35 do not apply to conduct of Australian
This is an Australian law enforcement or intelligence body.
Australian law enforcement or intelligence body means a body, agency or organisation...
australian-citizenship-amendment-allegiance-to-australia-act-2015.pdf, p.21
35B Matters to be set out in notices to persons who have ceased to be
Notice must state that Minister is aware of conduct and contain a basic description.
35B(1) Matters to be set out in notices to persons who have ceased to be
Notice must state reason for decision to revoke citizenship.
35B(2) Matters to be set out in notices to persons who have ceased to be
Disclosure of sensitive information is prohibited in notices to persons who have ceased to be.
35B(3) Matters to be set out in notices to persons who have ceased to be
Prohibits disclosure of sensitive information.
Classifies information as operationally sensitive.
(a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010);
Classifies information as prejudicial to security, defence or international relations.
(b) the disclosure of the information or content would or might prejudice: (i) the security, defence or international relations of Australia;
Classifies information as prejudicial to law enforcement or security agency performance.
(ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions;
Classifies information as potentially endangering a person's safety.
(c) the disclosure of the information or content would or might endanger a person’s safety;
Classifies information as contrary to public interest.
(d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.
australian-citizenship-amendment-allegiance-to-australia-act-2015.pdf, p.22
No resumption of citizenship if citizenship ceases under section 33AA, 35 or 35A.
36A No resumption of citizenship if citizenship ceases under
Repeal section and substitute with new content.
4 Section 35
5 After section 35
6 Paragraph 36(1)(a)
7 At the end of Division 3 of Part 2
8 Application provisions
Section applies to persons who became Australian citizens before, on or after the commencement of this item.
Section 33AA of the Australian Citizenship Act 2007 (as amended by this Schedule) applies in relation to:
Section applies to conduct engaged in on or after the commencement of this item.
Section 35 of the Australian Citizenship Act 2007 (as amended by this Schedule) applies in relation to:
Section does not apply to a conviction of a person before the commencement of this item unless...
Section 35A of the Australian Citizenship Act 2007 (as amended by this Schedule):
australian-citizenship-amendment-allegiance-to-australia-act-2015.pdf, p.24
1 After section 51A
australian-citizenship-amendment-allegiance-to-australia-act-2015.pdf, p.26
Inserts sections of the Australian Citizenship Act into counter-terrorism and national security legislation.
2 Section 4 (before paragraph (a) of the definition of
Definition of Immigration and Border Protection Department
3 Section 3
Review of sections 33AA, 35, 35AA and 35A by 1 December 2019
4 Before paragraph 29(1)(c)
5 Paragraph 29(3)(g)
51B Reports to Parliament
The Minister must table a report in each House of Parliament.
51B(1) Reports to Parliament
Report must not contain sensitive information that may prejudice security, defence or international relations of Australia.
51B(2) Reports to Parliament
...the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions.
Restriction on disclosure during certain periods
(b) the disclosure of the information or content would or might prejudice...
...or might prejudice the security, defence or international relations of Australia.
Management of sensitive information knowledge
Prohibition on sensitive information disclosure
...within the meaning of the Independent National Security Legislation Monitor Act 2010.
(a) the information or content includes any operationally sensitive information...
...to be contrary to the public interest for any other reason.
Control on sensitive information dissemination
(d) the disclosure of the information or content would be likely...
...or might be likely to be contrary to the public interest for any other reason.
Defines reporting period for this section.
51B(3) Reports to Parliament
(reporting period) is defined as the period of 6 months beginning on the day this section commences; and each subsequent 6-month period.
australian-citizenship-amendment-allegiance-to-australia-act-2015.pdf, p.25
51C Briefing of Parliamentary Joint Committee on Intelligence and
Minister must give notice under certain conditions.
51C(1) Briefing of Parliamentary Joint Committee on Intelligence and
Minister gives or unsuccessfully attempts to give a notice under paragraph 33AA(10)(a) or 35(5)(a);
Minister's action is an instance of a specific type
Minister gives or unsuccessfully attempts to give a notice under paragraph 33AA(10)(a) or 35(5)(a); Minister gives or unsuccessfully attempts to give a notice under paragraph 35A(5)(a);
Minister gives or unsuccessfully attempts to give a notice
Notice must be given but not necessarily at a specific time
Minister must inform Parliamentary Joint Committee on Intelligence and Security in writing after an event.
51C(2) Briefing of Parliamentary Joint Committee on Intelligence and
Request for briefing must be fulfilled within 20 sittings days after the event.
51C(3) Briefing of Parliamentary Joint Committee on Intelligence and
Method of briefing may be chosen by the Parliamentary Joint Committee on Intelligence and Security.
51C(4) Briefing of Parliamentary Joint Committee on Intelligence and
Must provide details of events and determinations related to notices.
51C(5) Briefing of Parliamentary Joint Committee on Intelligence and
australian-citizenship-amendment-allegiance-to-australia-act-2015.pdf, p.27
Add the Secretary of Immigration and Border Protection Department to section 30.
6 At the end of section 30
Omit “or AFP”, substitute ‘, AFP or the Immigration and Border Protection Department’.
7 Clause 1A of Schedule 1 (definition of agency)
Add the Secretary of the Immigration and Border Protection Department to the list of agencies.
8 Clause 1A of Schedule 1 (at the end of the definition of
Adding an agency to a list is an obligation.
9 Application of amendments
australian-citizenship-amendment-allegiance-to-australia-act-2015.pdf, p.5
Cites this Act as the Australian Citizenship Amendment (Allegiance to Australia) Act 2015.
1 Short title
australian-citizenship-amendment-allegiance-to-australia-act-2015.pdf, p.6
1 Section 1
12 December
Commencement rules for provisions in the Act.
2 Commencement
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
Recognizes Australian citizenship as a common bond with reciprocal rights and obligations.
4 Purpose of this Act
Citizens may demonstrate that they have severed that bond and repudiated their allegiance to Australia.
Imposes a duty on citizens to uphold the shared values of the Australian community.
The Parliament recognises that Australian citizenship is a common bond...
An Act to amend the Australian Citizenship Act 2007, and for related purposes
Australian Citizenship Amendment (Allegiance to Australia) Act 2015