Australian Citizenship Amendment (Citizenship Cessation) Act 2020
An Act to amend the Australian Citizenship Act 2007, and for related purposes
1 Short title
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.5
2 Commencement
Commencement rules for provisions in the Act.
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.6
1 Section 1
18 September
Note on table limitations and amendments
3 Schedules
Legislation in schedules is amended or repealed according to its terms.
1 Subsection 29(2) (note 2)
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.7
2 Section 32A (heading)
Repeal heading and substitute with new heading.
32A Simplified outline of this Division
3 Section 32A
Prohibit engaging in conduct inconsistent with allegiance to Australia.
4 Section 32A
Omit 'section 36.' and substitute with 'section 36; or'.
5 At the end of section 32A
Minister can make a determination ceasing citizenship if repudiated allegiance to Australia.
6 After section 32A
7 Section 33AA
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.8
8 Sections 35 to 35B
9 Section 36A
Repeal section and substitute with new subsection
36A Purpose of this Subdivision
Citizens may demonstrate that they have severed the bond of Australian citizenship through certain conduct.
36B Citizenship cessation determination for certain conduct
36B(1) Citizenship cessation determination for certain conduct
Ceases to be an Australian citizen if engages in specified conduct while outside or in Australia, has repudiated allegiance, and it would be contrary to public interest.
Prohibits ceasing to be an Australian citizen under specified conditions.
(a) the person: (i) engaged in conduct specified in subsection (5) while outside Australia; or (ii) engaged in conduct specified in any of paragraphs (5)(a) to (h) while in Australia, has since left Australia and has not been tried for an offence in relation to the conduct;
(1) The Minister may determine in writing that a person aged 14 or older ceases to be an Australian citizen if...
Defines a temporal interval for ceasing citizenship.
(c) it would be contrary to the public interest for the person to remain an Australian citizen (see section 36E).
...and (c) it would be contrary to the public interest for the person to remain an Australian citizen;
Imposes an obligation on the Minister to determine ceasing citizenship.
...The Minister may determine in writing that a person aged 14 or older ceases to be an Australian citizen if...
Establishes an implication between conduct and ceasing citizenship.
...and it would be contrary to the public interest for the person to remain an Australian citizen.
Diffuses information about ceasing citizenship through the Minister's determination.
36B(2) Citizenship cessation determination for certain conduct
Cannot make determination if person would not be a national or citizen of any country.
Minister is satisfied that person would not be a national or citizen of any country.
Temporal interval during which Minister cannot make determination
Temporal interval until which Minister cannot make determination
If Minister makes determination, then person becomes national or citizen of any country
Person becomes national or citizen of any country if Minister makes determination
36B(3) Citizenship cessation determination for certain conduct
Person ceases citizenship at determination time
The person ceases to be an Australian citizen.
36B(4) Citizenship cessation determination for certain conduct
Citizenship cessation determination for certain conduct applies to Australian citizens regardless of how they became citizens.
The provision applies to Australian citizens.
(4) Subsection (1) applies to a person who is an Australian citizen
The provision defines the scope of citizenship cessation determination in terms of time.
The provision defines the scope of citizenship cessation determination in terms of time and circumstances.
The provision defines the scope of citizenship cessation determination in terms of diffusion.
36B(5) Citizenship cessation determination for certain conduct
Prohibits certain conduct related to terrorism.
(5) For the purposes of paragraph (1)(a), the conduct is any of the following:
Specifies the time period during which the prohibited conduct applies.
Indicates the duration of the prohibited conduct.
101 Section 101
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.10
101(7) Section 101
101(8) Section 101
Exemptions from the obligation to comply with section 101(8)
The provision applies to conduct engaged in by a person in the proper performance of a function...
The provision does not apply to this conduct.
The provision applies to conduct engaged in by a person...
This exemption applies during the person's official duties.
101(9) Section 101
Minister must exercise powers personally.
Minister's obligation to exercise powers personally.
101(10) Section 101
Section 47 notification of decisions does not apply to Minister's decision under section 36F.
Excludes Section 47 from Minister's decision
Section 47 applies to decisions under this section
Section 47 does not apply to Minister's decision
101(11) Section 101
Exempts decision-making from natural justice rules.
Prohibits application of natural justice rules.
(11) The rules of natural justice do not apply in relation to making a decision or exercising a power under this section.
101(12) Section 101
Determination made under subsection (1) is not a legislative instrument.
36C Declared terrorist organisation
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.11
36C(1) Declared terrorist organisation
Defines a declared terrorist organisation.
36C(2) Declared terrorist organisation
Minister must be satisfied on reasonable grounds that organisation meets conditions before declaring it 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 that the organisation meets conditions
Organisation must not advocate doing of terrorist act
the organisation must not advocate doing of 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 must be engaged in or assisting in doing of terrorist act within certain time frame
the organisation must be engaged in or assisting in doing of terrorist act within certain time frame
Organisation must advocate doing of terrorist act repeatedly
the organisation must advocate doing of terrorist act repeatedly
36C(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.
Exclusion from declaration review process
36C(4) Declared terrorist organisation
Review declaration made under subsection (1) and report comments and recommendations to each House of Parliament.
The Committee may review a declaration...
Temporal interval for review and reporting
review a declaration as soon as possible after the declaration is made
The review must occur within a certain time period.
Implication of Committee's comments and recommendations
report the Committee’s comments and recommendations to each House of the Parliament before the end of the period during which the House may disallow the declaration.
If the Committee reports, then the House must consider the report.
The report will be disseminated to various stakeholders.
review a declaration made under subsection (1) as soon as possible after the declaration is made
The Committee has recognised its authority to review declarations.
36D Citizenship cessation determination for certain convictions
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.12
36D(1) Citizenship cessation determination for certain convictions
Ceases citizenship for certain convictions
Prohibits ceasing citizenship for certain convictions
(a) the person has been convicted of an offence, or offences, against one or more of the provisions specified in subsection (5); and
(1) The Minister may determine in writing that a person ceases to be an Australian citizen if:...
Prohibits ceasing citizenship for certain convictions based on public interest
(d) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen (see section 36E);
...and (c) the Minister is satisfied that...
Prohibits seeking review of citizenship cessation determination
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.
...or in the Federal Court of Australia under section 39B of the Judiciary Act 1903.
36D(2) Citizenship cessation determination for certain convictions
Minister cannot make determination if person would not be a national or citizen of any country.
36D(3) Citizenship cessation determination for certain convictions
Person ceases to be Australian citizen at determination time.
36D(4) Citizenship cessation determination for certain convictions
Citizenship cessation determination for certain convictions
Applicable to a person who is an Australian citizen regardless of how the person became an Australian citizen
36D(5) Citizenship cessation determination for certain convictions
Determination of citizenship cessation for certain convictions
Has obligation to determine citizenship cessation
36D(6) Citizenship cessation determination for certain convictions
Clarifies the meaning of imprisonment for certain convictions.
36D(7) Citizenship cessation determination for certain convictions
Minister must exercise powers personally
(7) The powers of the Minister under this section may only be exercised by the Minister personally.
The Minister must exercise their powers personally
The Minister cannot exercise their powers personally
Minister's actions occur during their powers exercise
The Minister's actions occur during their powers exercise
Minister's actions are limited to their powers exercise duration
The Minister's actions are limited to their powers exercise duration
36E Public interest in making or revoking citizenship cessation
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.14
36E(1) Public interest in making or revoking citizenship cessation
Public interest in making or revoking citizenship cessation
36E(2) Public interest in making or revoking citizenship cessation
The Minister must consider certain matters when deciding to make or revoke a citizenship cessation determination.
The Minister must consider certain matters.
The Minister is required to have regard to the following matters:
The Minister must consider matters that are relevant to the decision-making process.
The severity of the conduct to which the determination relates;
The Minister's consideration of matters is a necessary condition for making or revoking a citizenship cessation determination.
(a) in deciding whether to make a determination under subsection 36B(1) or revoke such a determination—the severity of the conduct to which the determination relates;
(b) in deciding whether to make a determination under subsection 36D(1) or revoke such a determination—the severity of the conduct that was the basis of the conviction or convictions, and the sentence or sentences, to which the determination relates;
36F Notice of citizenship cessation
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.15
36F(1) Notice of citizenship cessation
Must give written notice of determination to person and other persons as considered appropriate.
36F(2) Notice of citizenship cessation
Notice must be given to the person by sending it by pre-paid post.
A notice under paragraph (1)(a) must be given to the person.
36F(3) Notice of citizenship cessation
Minister may give notice again if person did not receive it or has an electronic address.
Minister has given notice in accordance with subsection (2)
Minister's satisfaction is a condition for giving notice again
Minister has become aware of the electronic address for the person
Notice can be given repeatedly if necessary
The Minister may give notice again by sending it to an electronic address for the person
Giving notice again implies that Minister has given notice in accordance with subsection (2)
Notice can be given at any time after giving initial notice
36F(4) Notice of citizenship cessation
Minister may give notice by electronic address under certain conditions.
Permission to give notice by electronic address
by electronic address under certain conditions
36G Determination that notice of citizenship cessation should not be
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.17
36G(1) Determination that notice of citizenship cessation should not be
Notice of citizenship cessation should not be given under certain circumstances.
Prohibits giving notice of citizenship cessation under certain circumstances.
(1) The Minister may determine in writing...
...the notice could prejudice the security, defence or international relations of Australia...
Defines the temporal interval under which notice of citizenship cessation should not be given.
...the security, defence or international relations of Australia...
Defines the recurring trace under which notice of citizenship cessation should not be given.
Diffuses the responsibility for determining when notice of citizenship cessation should not be given.
Uses reasoning to determine when notice of citizenship cessation should not be given.
36G(2) Determination that notice of citizenship cessation should not be
Minister must consider revocation of determination every 90 days
36G(3) Determination that notice of citizenship cessation should not be
36G(4) Determination that notice of citizenship cessation should not be
Extend determination for 1 year under certain conditions.
36G(5) Determination that notice of citizenship cessation should not be
Consider revoking determination at least every 90 days after extending it.
(5) If the Minister extends the determination for 1 year...
the Minister must consider whether to revoke the determination at least every 90 days after extending it;
Obligation to revoke determination at end of year
the determination is taken to be revoked at the end of that year;
Determination extended for recurring trace
36G(6) Determination that notice of citizenship cessation should not be
Minister's obligation to act personally.
(6) The powers of the Minister under this section may only be exercised by the Minister personally.
36G(7) Determination that notice of citizenship cessation should not be
Section 47 does not apply to a decision of the Minister under this section.
36G(8) Determination that notice of citizenship cessation should not be
No application of natural justice in decision-making under this section.
(8) The rules of natural justice do not apply in relation to making a decision or exercising a power under this section.
36G(9) Determination that notice of citizenship cessation should not be
Legislative instrument determination is not valid.
Negative assertion of legislative instrument validity.
(9) A determination made under subsection (1) or (4) is not a legislative instrument.
36H Revocation of citizenship cessation determination on
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.18
36H(1) Revocation of citizenship cessation determination on
A person can apply to revoke a citizenship cessation determination.
Person has the right to apply for revocation.
36H(2) Revocation of citizenship cessation determination on
Application must be made within a certain timeframe after receiving notice.
Application must be made within a certain timeframe.
The application must be made no later than the later of...
36H(3) Revocation of citizenship cessation determination on
The Minister must consider the application and revoke or refuse it.
The Minister must consider the application.
The Minister is required to make a decision.
The Minister must revoke or refuse the application.
The Minister may revoke the determination if it is in the public interest.
The Minister has a discretion to revoke the determination.
The Minister must revoke the determination if it is in the public interest.
The Minister's consideration of the application occurs within a specific timeframe.
The Minister has a deadline to make a decision.
The Minister must consider the application within a specific timeframe.
The Minister must observe the rules of natural justice in making the decision.
The Minister has a duty to act fairly and impartially.
The Minister must observe the rules of natural justice.
The Minister may revoke the determination if it is not in the public interest.
The Minister must not revoke the determination if it is not in the public interest.
36H(4) Revocation of citizenship cessation determination on
The Minister must give the person written notice of the decision.
The Minister must give the person written notice.
36H(5) Revocation of citizenship cessation determination on
Disclosure of sensitive information is prohibited.
Prohibits disclosure of sensitive information.
36H(6) Revocation of citizenship cessation determination on
If Minister revokes determination, person's citizenship is taken never to have ceased.
Minister's revocation creates an obligation.
...the person’s citizenship is taken never to have ceased...
Revocation does not affect validity of actions done in reliance.
...the validity of anything done in reliance on the determination before the revocation is not affected.
Revocation does not affect temporal intervals.
Revocation does not affect actions taken until then.
Minister's action creates an obligation to revoke.
...the person’s citizenship is taken never to have ceased under section 36B or 36D (as applicable).
36H(7) Revocation of citizenship cessation determination on
Limitation on applying for citizenship cessation determination
36H(8) Revocation of citizenship cessation determination on
(8) The powers of the Minister under this section may only be exercised by the Minister personally.
36J Revocation of citizenship cessation determination on Minister’s
Revocation of citizenship cessation determination on Minister’s own initiative.
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.19
36K Automatic revocation of citizenship cessation determination
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.21
36K(1) Automatic revocation of citizenship cessation determination
Revocation of citizenship cessation determination if certain conditions are met.
Prohibition of revocation if certain conditions are met.
Court finds person did not engage in conduct to which determination relates
Permission to revoke if certain conditions are not met.
Court finds person was not a national or citizen of a country other than Australia at the time determination was made
Revocation is permitted if certain conditions are not met.
Declaration under section 36C (declared terrorist organisation) is disallowed by either House of the Parliament and the determination would not have been made if that declaration had not been made
36K(2) Automatic revocation of citizenship cessation determination
Automatic revocation of citizenship cessation determination
36L No resumption of citizenship if citizenship ceases under this
No resumption of citizenship if citizenship ceases under this subdivision.
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.22
10 After subsection 48(5)
11 Subsection 51B(1)
Table a report on citizenship cessation notices and revocation decisions
12 Subsections 51C(1) and (2)
Inform the Parliamentary Joint Committee on Intelligence and Security of certain events.
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.23
13 Subsection 51C(5)
Must include details of basis for notice, determination or revocation
14 Section 4 (paragraph (aa) of the definition of
Repeal and substitute certain provisions of the Australian Citizenship Act 2007
15 Paragraph 29(1)(ca)
Substitute paragraph with a review of Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007
16 Definitions
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.25
17 Citizenship that ceased under section 33AA or 35 of Act
Designated non-citizen determination continues in force after commencement.
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.26
Identifies the key elements of the provision.
18 Application of section 36B of amended Act
Application of section 36B of amended Act
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.27
19 Application of section 36D of amended Act
Section applies in relation to a conviction of a person after commencement or before commencement under certain conditions.
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.28
Section applies to convictions after or before commencement under specified conditions.
20 Declared terrorist organisations
Continuation of declarations under repealed section
21 Section 51B report
Reporting requirements for section 51B of the amended Act
Reporting period includes before and after commencement
22 Australian citizenship
Amendments apply regardless of citizenship status before or after commencement.
australian-citizenship-amendment-citizenship-cessation-act-2020.pdf, p.29
Amendments apply regardless of citizenship status.