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Legislation in schedules is amended or repealed according to its terms.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