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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Citizenship Amendment
(Allegiance to Australia) Bill 2015
No. , 2015
(Immigration and Border Protection)
A Bill for an Act to amend the Australian
Citizenship Act 2007, and for related purposes
No. , 2015
Australian Citizenship Amendment (Allegiance to Australia) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
4
Purpose of this Act ............................................................................. 2
Schedule 1--Amendments
3
Australian Citizenship Act 2007
3
No. , 2015
Australian Citizenship Amendment (Allegiance to Australia) Bill 2015
1
A Bill for an Act to amend the Australian
1
Citizenship Act 2007, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Australian Citizenship Amendment
5
(Allegiance to Australia) Act 2015.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Australian Citizenship Amendment (Allegiance to Australia) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
4 Purpose of this Act
12
This Act is enacted because the Parliament recognises that
13
Australian citizenship is a common bond, involving reciprocal
14
rights and obligations, and that citizens may, through certain
15
conduct incompatible with the shared values of the Australian
16
community, demonstrate that they have severed that bond and
17
repudiated their allegiance to Australia.
18
Amendments Schedule 1
No. , 2015
Australian Citizenship Amendment (Allegiance to Australia) Bill 2015
3
Schedule 1
--Amendments
1
2
Australian Citizenship Act 2007
3
1 Section 32A
4
Omit:
5
•
you serve in the armed forces of a country at war with
6
Australia: see section 35; or
7
substitute:
8
•
you engage in various kinds of conduct inconsistent with
9
allegiance to Australia: see sections 33AA, 35 and 35A; or
10
2 Section 33 (heading)
11
Repeal the heading, substitute:
12
33 Renunciation by application
13
3 After section 33
14
Insert:
15
33AA Renunciation by conduct
16
Renunciation and cessation of citizenship
17
(1) Subject to this section, a person who is a national or citizen of a
18
country other than Australia renounces their Australian citizenship
19
if the person acts inconsistently with their allegiance to Australia
20
by engaging in conduct specified in subsection (2).
21
Note:
The Minister may, in writing, exempt the person from the effect of
22
this section in relation to certain matters: see subsection (7).
23
(2) Subsection (1) applies to the following conduct:
24
(a) engaging in international terrorist activities using explosive
25
or lethal devices;
26
(b) engaging in a terrorist act;
27
Schedule 1 Amendments
4
Australian Citizenship Amendment (Allegiance to Australia) Bill 2015
No. , 2015
(c) providing or receiving training connected with preparation
1
for, engagement in, or assistance in a terrorist act;
2
(d) directing the activities of a terrorist organisation;
3
(e) recruiting for a terrorist organisation;
4
(f) financing terrorism;
5
(g) financing a terrorist;
6
(h) engaging in foreign incursions and recruitment.
7
(3) Words and expressions used in paragraphs (2)(a) to (h) have the
8
same meanings as in Subdivision A of Division 72, sections 101.1,
9
101.2, 102.2, 102.4, 103.1 and 103.2 and Division 119 of the
10
Criminal Code, respectively.
11
(4) Subsection (1) applies to a person who is an Australian citizen
12
regardless of how the person became an Australian citizen
13
(including a person who became an Australian citizen upon the
14
person's birth).
15
(5) Where a person renounces their Australian citizenship under this
16
section, the renunciation takes effect, and the Australian citizenship
17
of the person ceases, immediately upon the person engaging in the
18
conduct referred to in subsection (2).
19
Note:
A child of the person may also cease to be an Australian citizen: see
20
section 36.
21
Minister to give notice
22
(6) If the Minister becomes aware of conduct because of which a
23
person has, under this section, ceased to be an Australian citizen,
24
the Minister must give written notice to that effect at such time and
25
to such persons as the Minister considers appropriate.
26
Minister's power to rescind notice and exempt person
27
(7) Where the Minister has given a notice under subsection (6) relating
28
to a person, the Minister may, if he or she considers it in the public
29
interest to do so:
30
(a) rescind the notice; and
31
(b) exempt the person from the effect of this section in relation to
32
the matters that were the basis for giving the notice.
33
Amendments Schedule 1
No. , 2015
Australian Citizenship Amendment (Allegiance to Australia) Bill 2015
5
(8) The Minister does not have a duty to consider whether to exercise
1
the power under subsection (7), whether he or she is requested to
2
do so by any person, or in any other circumstances.
3
General provisions relating to Minister's powers
4
(9) The powers of the Minister under this section may only be
5
exercised by the Minister personally.
6
(10) The rules of natural justice do not apply in relation to the powers of
7
the Minister under this section, and section 47 does not apply in
8
relation to the exercise of those powers.
9
(11) An instrument exercising any of the Minister's powers under this
10
section is not a legislative instrument.
11
(12) Section 39 of the Australian Security Intelligence Organisation Act
12
1979 does not apply in relation to this section.
13
4 Section 35
14
Repeal the section, substitute:
15
35 Service outside Australia in armed forces of an enemy country or
16
a declared terrorist organisation
17
Cessation of citizenship
18
(1) A person ceases to be an Australian citizen if:
19
(a) the person is a national or citizen of a country other than
20
Australia; and
21
(b) the person:
22
(i) serves in the armed forces of a country at war with
23
Australia; or
24
(ii) fights for, or is in the service of, a declared terrorist
25
organisation; and
26
(c) the person's service or fighting occurs outside Australia.
27
Note:
The Minister may, in writing, exempt the person from the effect of
28
this section in relation to certain matters: see subsection (6).
29
Note 2:
A child of the person may also cease to be an Australian citizen: see
30
section 36.
31
Schedule 1 Amendments
6
Australian Citizenship Amendment (Allegiance to Australia) Bill 2015
No. , 2015
(2) The person ceases to be an Australian citizen at the time the person
1
commences to so serve or fight.
2
(3) Subsection (1) applies to a person who is an Australian citizen
3
regardless of how the person became an Australian citizen
4
(including a person who became an Australian citizen upon the
5
person's birth).
6
(4) A declared terrorist organisation is any terrorist organisation,
7
within the meaning of paragraph (b) of the definition of terrorist
8
organisation in subsection 102.1(1) of the Criminal Code, that the
9
Minister declares, in writing, is a declared terrorist organisation for
10
the purposes of this section.
11
Minister to give notice
12
(5) If the Minister becomes aware of conduct because of which a
13
person has, under this section, ceased to be an Australian citizen,
14
the Minister must give written notice to that effect at such time and
15
to such persons as the Minister considers appropriate.
16
Minister's power to rescind notice and exempt person
17
(6) Where the Minister has given a notice under subsection (5) relating
18
to a person, the Minister may, if he or she considers it in the public
19
interest to do so:
20
(a) rescind the notice; and
21
(b) exempt the person from the effect of this section in relation to
22
the matters that were the basis for giving the notice.
23
(7) The Minister does not have a duty to consider whether to exercise
24
the power under subsection (6), whether he or she is requested to
25
do so by any person, or in any other circumstances.
26
General provisions relating to Minister's powers
27
(8) The powers of the Minister under this section may only be
28
exercised by the Minister personally.
29
(9) The rules of natural justice do not apply in relation to the powers of
30
the Minister under this section, and section 47 does not apply in
31
relation to the exercise of those powers.
32
Amendments Schedule 1
No. , 2015
Australian Citizenship Amendment (Allegiance to Australia) Bill 2015
7
(10) An instrument exercising any of the Minister's powers under this
1
section is not a legislative instrument.
2
(11) Section 39 of the Australian Security Intelligence Organisation Act
3
1979 does not apply in relation to this section.
4
5 After section 35
5
Insert:
6
35A Conviction for terrorism offences and certain other offences
7
Cessation of citizenship
8
(1) A person ceases to be an Australian citizen if:
9
(a) the person is convicted of an offence mentioned in
10
subsection (3); and
11
(b) at the time of the conviction, the person is a national or
12
citizen of a country other than Australia.
13
Note 1:
The Minister may exempt the person from the effect of this section in
14
relation to certain matters: see subsection (6).
15
Note 2:
A child of the person may also cease to be an Australian citizen: see
16
section 36.
17
(2) The person ceases to be an Australian citizen at the time of the
18
conviction.
19
(3) For the purposes of paragraph (1)(a), the offences are the
20
following:
21
(a) an offence against Subdivision A of Division 72 of the
22
Criminal Code;
23
(b) an offence against section 80.1, 80.1AA or 80.2,
24
subsection 80.2A(1) or 80.2B(1) or section 80.2C or 91.1 of
25
the Criminal Code;
26
(c) an offence against Part 5.3 of the Criminal Code (except
27
section 102.8 or Division 104 or 105);
28
(d) an offence against Part 5.5 of the Criminal Code;
29
(e) an offence against section 24AA, 24AB, 25 or 26,
30
subsection 27(1) or section 29 of the Crimes Act 1914.
31
(4) Subsection (1) applies to a person who is an Australian citizen
32
regardless of how the person became an Australian citizen
33
Schedule 1 Amendments
8
Australian Citizenship Amendment (Allegiance to Australia) Bill 2015
No. , 2015
(including a person who became an Australian citizen upon the
1
person's birth).
2
Minister to give notice
3
(5) If the Minister becomes aware of a conviction because of which a
4
person has, under this section, ceased to be an Australian citizen,
5
the Minister must give written notice to that effect at such time and
6
to such persons as the Minister considers appropriate.
7
Minister's power to rescind notice and exempt person
8
(6) Where the Minister has given a notice under subsection 33AA(6)
9
or 35(5), or subsection (5) of this section, relating to a person the
10
Minister may, if he or she considers it in the public interest to do
11
so:
12
(a) rescind the notice; and
13
(b) exempt the person from the effect of this section in relation to
14
the matters that were the basis for giving the notice.
15
(7) The Minister does not have a duty to consider whether to exercise
16
the power under subsection (6), whether he or she is requested to
17
do so by any person, or in any other circumstances.
18
General provisions relating to Minister's powers
19
(8) The powers of the Minister under this section may only be
20
exercised by the Minister personally.
21
(9) The rules of natural justice do not apply in relation to the powers of
22
the Minister under this section, and section 47 does not apply in
23
relation to the exercise of those powers.
24
(10) An instrument exercising any of the Minister's powers under this
25
section is not a legislative instrument.
26
(11) Section 39 of the Australian Security Intelligence Organisation Act
27
1979 does not apply in relation to this section.
28
6 Paragraph 36(1)(a)
29
Omit "section 33, 34, 34A or 35", substitute "section 33, 33AA, 34,
30
34A, 35 or 35A".
31
Amendments Schedule 1
No. , 2015
Australian Citizenship Amendment (Allegiance to Australia) Bill 2015
9
7 At the end of Division 3 of Part 2
1
Add:
2
36A No resumption of citizenship if citizenship ceases under
3
section 33AA, 35 or 35A
4
If under section 33AA, 35 or 35A a person ceases to be an
5
Australian citizen, then Divisions 1 and 2 of this Part do not apply
6
in relation to the person on and after the time of that cessation.
7
Note:
The effect of this section is that (subject to the Minister's powers
8
under subsections 33AA(7), 35(6) and 35A(6)) the person can never
9
become an Australian citizen again.
10
8 Application provisions
11
Application of section 33AA
12
(1)
Section 33AA of the Australian Citizenship Act 2007 (as amended by
13
this Schedule) applies in relation to:
14
(a) persons who became Australian citizens before, on or after
15
the commencement of this item; and
16
(b) conduct engaged in on or after the commencement of this
17
item (whether the conduct commenced before, on or after the
18
commencement of this item).
19
Application of section 35
20
(2)
Section 35 of the Australian Citizenship Act 2007 (as amended by this
21
Schedule) applies in relation to:
22
(a) persons who became Australian citizens before, on or after
23
the commencement of this item; and
24
(b) fighting for, or being in the service of, a declared terrorist
25
organisation that occurs on or after the commencement of
26
this item (whether the fighting or service commenced before,
27
on or after the commencement of this item).
28
(3)
If the fighting or service commenced before the commencement of this
29
item, the person ceases to be an Australian citizen at the time this item
30
commences.
31
Schedule 1 Amendments
10
Australian Citizenship Amendment (Allegiance to Australia) Bill 2015
No. , 2015
Application of section 35A
1
(4)
Section 35A of the Australian Citizenship Act 2007 (as amended by this
2
Schedule) applies in relation to:
3
(a) persons who became Australian citizens before, on or after
4
the commencement of this item; and
5
(b) convictions that occur after the commencement of this item,
6
whether the conduct constituting the offence occurred before,
7
on or after that commencement.
8