Commonwealth Consolidated Acts Commonwealth Consolidated ActsCessation of citizenship on determination by Minister
(1) The Minister may determine in writing that a person ceases to be an Australian citizen if:
(a) the person has been convicted of an offence, or offences, against one or more of the provisions specified in subsection (5); and
(b) the person has, in respect of the conviction or convictions, been sentenced to a period of imprisonment of at least 3 years, or to periods of imprisonment that total at least 3 years; and
(c) the Minister is satisfied that the conduct of the person to which the conviction or convictions relate demonstrates that the person has repudiated their allegiance to Australia; and
(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).
Note: 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 . See also section 36H of this Act (revocation of citizenship cessation determination on application to Minister).
(2) However, the Minister must not make a determination if the Minister is satisfied that the person would, if the Minister were to make the determination, become a person who is not a national or citizen of any country.
(3) The person ceases to be an Australian citizen at the time the determination is made.
(4) Subsection (1) applies to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person's birth).
(5) For the purposes of paragraph (1)(a), the provisions are the following:
(a) a provision of Subdivision A of Division 72 of the Criminal Code (explosives and lethal devices);
(b) a provision of Subdivision B of Division 80 of the Criminal Code (treason);
(c) a provision of Division 82 of the Criminal Code (sabotage), other than section 82.9;
(d) a provision of Division 91 of the Criminal Code (espionage);
(e) a provision of Division 92 of the Criminal Code (foreign interference);
(f) a provision of Part 5.3 of the Criminal Code (terrorism), other than section 102.8 or Division 104 or 105;
(g) a provision of Part 5.5 of the Criminal Code (foreign incursions and recruitment);
(h) section 6 or 7 of the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 .
Note: A determination may be made in relation to a conviction for an offence against a provision specified in subsection (5) that occurred before the subsection commenced (see item 19 of Schedule 1 to the Australian Citizenship Amendment (Citizenship Cessation) Act 2020 ).
(6) For the purposes of paragraph (1)(b):
(a) the reference to being sentenced to a period of imprisonment does not include a suspended sentence; and
(b) if a single sentence of imprisonment is imposed in respect of both an offence against a provision specified in subsection (5) and in respect of one or more other offences, then:
(i) if it is clear that only a particular part of the total period of imprisonment relates to the offence against the provision specified in subsection (5)--the person is taken to have been sentenced to imprisonment in respect of that offence for that part of the total period of imprisonment; and
(ii) if subparagraph (i) does not apply--the person is taken to have been sentenced to imprisonment in respect of the offence against the provision specified in subsection (5) for the whole of the total period of imprisonment.
General provisions relating to Minister's powers
(7) The powers of the Minister under this section may only be exercised by the Minister personally.
(8) Section 47 (notification of decisions) does not apply to a decision of the Minister under this section (see section 36F instead).
(9) The rules of natural justice do not apply in relation to making a decision or exercising a power under this section.
(10) A determination made under subsection (1) is not a legislative instrument.