Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, on the Minister's own initiative, revoke a determination made under subsection 36B(1) or 36D(1) if the Minister is satisfied that revoking the determination would be in the public interest (see section 36E).
(2) If the Minister revokes the determination under subsection (1), the person's citizenship is taken never to have ceased under section 36B or 36D (as applicable) because of the determination. However, the validity of anything done in reliance on the determination before the revocation is not affected.
(3) If the Minister decides under subsection (1) to revoke the determination, the Minister:
(a) must give the person written notice of the decision if the person was given notice under paragraph 35C(1)(a) of the determination; and
(b) must not otherwise give the person notice of the decision.
Section 47 (notification of decisions) does not apply in relation to a decision under subsection (1).
(4) 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.
(5) The Minister does not have a duty to consider whether to exercise the power under subsection (1) in respect of any person, whether the Minister is requested to do so by the person whose citizenship ceased because of the determination, or by any other person, or in any other circumstances.
(6) To avoid doubt, in deciding whether to consider exercising the power under subsection (1), the Minister is not required to have regard to any of the matters referred to in section 36E.
(7) The rules of natural justice do not apply in relation to making a decision or exercising a power under this section.
(8) The powers of the Minister under this section may only be exercised by the Minister personally.