Commonwealth Consolidated Acts

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AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 36

Children of responsible parents who cease to be citizens

             (1)  If:

                     (a)  a person ceases to be an Australian citizen at a particular time (the cessation time ) under section 33, 34 or 34A; and

                     (b)  at the cessation time, the person is a responsible parent of a child aged under 18;

then:

                     (c)  the Minister may, by writing, revoke the child's Australian citizenship; and

                     (d)  if the Minister does so--the child ceases to be an Australian citizen at the time of the revocation.

Exception--another responsible parent

             (2)  If, at the cessation time, another responsible parent of the child is an Australian citizen, subsection (1) does not apply to the child:

                     (a)  while there is a responsible parent who is an Australian citizen; and

                     (b)  if there ceases to be such a responsible parent because of the death of a responsible parent--at any time after that death.

Exception--statelessness

             (3)  The Minister must not revoke a child's Australian citizenship under subsection (1) if the Minister is satisfied that the child would then become a person who is not a national or citizen of any country.



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