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Legislation in schedules is amended or repealed according to its terms.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