Commonwealth Consolidated Acts

AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 36F

Requirement to give notice

             (1)  If the Minister makes a determination under subsection 36B(1) or 36D(1) because of which a person ceases to be an Australian citizen, the Minister:

                     (a)  must give written notice of the determination to the person:

                              (i)  as soon as practicable after the determination is made; or

                             (ii)  if the Minister makes a determination under subsection 36G(1) (that notice should not be given to the person)--as soon as practicable after the determination under that subsection is revoked; and

                     (b)  may give notice of the determination to such other persons and at such time as the Minister considers appropriate.

Method for giving notice

             (2)  A notice under paragraph (1)(a) must be given to the person by sending it by pre-paid post to the address of the place of residence of the person last known to the Department.

             (3)  The Minister may, after giving the notice in accordance with subsection (2), give the notice again by sending it to an electronic address for the person if:

                     (a)  the Minister is satisfied the person did not receive the notice given in accordance with that subsection; and

                     (b)  the Minister has become aware of the electronic address for the person.

             (4)  Despite subsection (2), the Minister may give the notice by sending it to an electronic address for the person without sending it in accordance with that subsection if:

                     (a)  the Minister becomes aware of the electronic address for the person while a determination is in force under subsection 36G(1) (that notice should not be given to the person); and

                     (b)  that determination is revoked.

Content of notice

             (5)  A notice under paragraph (1)(a) must:

                     (a)  state that the Minister has determined under subsection 36B(1) or 36D(1) (as applicable) that the person has ceased to be an Australian citizen; and

                     (b)  for a determination under subsection 36B(1)--contain a basic description of the conduct to which the determination rel ates; and

                     (c)  for a determination under subsection 36D(1)--specify the conviction or convictions, and sentence or sentences, to which the determination relates; and

                     (d)  specify the date of the notice; and

                     (e)  set out the person's rights of review.

             (6)  However, the notice must not contain information, or content of a document, if:

                     (a)  the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010 ); or

                     (b)  the disclosure of the information or content could prejudice:

                              (i)  the security, defence or international relations of Australia; or

                             (ii)  the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010 ) of its functions; or

                     (c)  the disclosure of the information or content could endanger a person's safety; or

                     (d)  the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.

General provisions relating to Minister's powers

             (7)  The rules of natural justice do not apply in relation to making a decision or exercising a power under this section.