australian-citizenship-amendment-citizenship-repudiation-act-2023.pdf, p.7
1 Section 3
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Add 'or the power under section 36D (about application for citizenship cessation order)' to Schedule 1
10 At the end of subsection 53(2)
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11 Section 4 (paragraph (aa) of the definition of
12 Paragraph 6(1)(bb)
Prohibits the omission of specified words.
Repeal paragraph, substitute with new functions.
13 Paragraph 6(1)(f)
The Independent National Security Legislation Monitor must review certain provisions of the Australian Citizenship Act 2007.
14 After subsection 6(1E)
Omit “or (1C)”, substitute “, (1C) or (1F)”.
15 Subsection 29B(1)
Commences review after Committee resolution, into operation and implications of certain provisions.
16 After paragraph 29(1)(ca)
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17 At the end of paragraph 45(5)(ia)
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Conviction applies if it occurs after commencement and the person engaged in conduct on or after 12 December 2015.
18 Application provision
Ceasing citizenship for repudiation of allegiance and public interest.
2 Section 32A
Prohibits ceasing citizenship for repudiation of allegiance and public interest.
3 Subdivision C of Division 3 of Part 2 (heading)
australian-citizenship-amendment-citizenship-repudiation-act-2023.pdf, p.8
36B Cessation of citizenship if citizenship cessation order made by
Ceases to be an Australian citizen upon order made under subsection 36C(1)
36B(1) Cessation of citizenship if citizenship cessation order made by
ceases to be an Australian citizen at the time the order is made.
Ceases to be an Australian citizen upon cessation of citizenship order
(1) Subject to this section, if an order is made under subsection 36C(1)
If a court decision overturns or quashes the order, citizenship is taken never to have ceased.
36B(2) Cessation of citizenship if citizenship cessation order made by
...the person’s citizenship is taken never to have ceased under subsection (1) of this section.
Defines the temporal scope of 'citizenship cessation'
(2) If a decision of a court overturns or quashes the order...
Preserves validity of actions taken in reliance on overturned order
36B(3) Cessation of citizenship if citizenship cessation order made by
The validity of actions taken in reliance on the overturned order is preserved.
(3) The validity of anything done in reliance on the order made under subsection 36C(1) before the order was overturned or quashed is not affected.
Ceases to be an Australian citizen if decisions overturn or quash citizenship cessation order.
36B(4) Cessation of citizenship if citizenship cessation order made by
...the person ceases to be an Australian citizen at the time the second decision is made.
Ceasing citizenship is after the appeal decision
Ceasing citizenship implies State obligation upon overturning or quashing order
Obligation to cease citizenship upon overturning or quashing order
Ceasing citizenship is before or equal to the appeal decision
36C Citizenship cessation order if person is convicted of serious
Ceases to be an Australian citizen if convicted of serious offence and sentenced to at least 3 years imprisonment.
36C(1) Citizenship cessation order if person is convicted of serious
the court may, when imposing such a period or periods of imprisonment on the person in respect of the conviction or convictions, also order at that time as part of the sentence or sentences that the person ceases to be an Australian citizen.
Prohibits ceasing to be an Australian citizen if convicted of serious offence and sentenced to at least 3 years imprisonment.
(a) a person is convicted of one or more serious offences; (b) the court has decided to impose on the person, in respect of the conviction or convictions, a period of imprisonment that is at least 3 years or periods of imprisonment that total at least 3 years;
Court must not make order if person would lose citizenship
36C(2) Citizenship cessation order if person is convicted of serious
Serious offence is defined as an offence against certain provisions of the Criminal Code.
36C(3) Citizenship cessation order if person is convicted of serious
(3) A serious offence is an offence against any of the following provisions:
(f) a provision of Part 5.3 of the Criminal Code (terrorism), other than the following provisions:
(g) a provision of Part 5.5 of the Criminal Code (foreign incursions and recruitment).
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Application for citizenship cessation order
36D Application by the Minister for a citizenship cessation order
Repeal sections and substitute with Schedule 1 Amendments
4 Sections 36B to 36K
Repeal a note and substitute with a new definition.
5 Section 36L (note)
6 Subsection 48(5A)
Must table a report in each House of the Parliament
7 Subsection 51B(1)
Repeal subsection and substitute with new definition of reporting period.
8 Subsection 51B(3)
9 Section 51C
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1 Short title
australian-citizenship-amendment-citizenship-repudiation-act-2023.pdf, p.6
1 Section 1
Commencement rules for provisions in the Act.
2 Commencement
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
8 December
An Act to amend the Australian Citizenship Act 2007, and for related purposes
Australian Citizenship Amendment (Citizenship Repudiation) Act 2023