Commonwealth Consolidated Acts

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Application by the Minister for a citizenship cessation order

  (1)   The Minister may make an application for an order to be made by a court under subsection   36C(1) in relation to a person.

  (2)   The application may be made before or after the person is convicted of one or more serious offences but must be made before the person is sentenced.

Consultation with the Foreign Affairs Minister

  (3)   Before the Minister makes the application, the Minister must consult the Foreign Affairs Minister.

Matters relating to the application

  (4)   The application must include the following matters:

  (a)   information about the person's age;

  (b)   information about the person's Australian citizenship;

  (c)   information about the person's nationality or citizenship of other countries.

  (5)   The application:

  (a)   must be made in the jury's absence; and

  (b)   must not be referred to in the presence of the jury; and

  (c)   must only be heard after the person is convicted of one or more serious offences.

Notice of application

  (6)   The Minister must give the person written notice of the application as soon as practicable after the application is made. The Minister may also give written notice of the application to such other persons as the Minister considers appropriate.

  (7)   Section   47 (notification of decisions) does not apply to a decision of the Minister to make the application.

Australian citizens to which this section applies

  (8)   This section applies in relation 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).

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