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AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 36K

Automatic revocation of citizenship cessation determination

             (1)  A determination made under subsection 36B(1) or 36D(1) because of which a person has ceased to be an Australian citizen is taken to be revoked (without any decision or exercise of power by the Minister) if any of the following events occurs:

                     (a)  for a determination under subsection 36B(1)--in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person did not engage in the conduct to which the determination relates;

                     (b)  for a determination under subsection 36D(1)--both:

                              (i)  a decision of a court has overturned or quashed the conviction, or each conviction, to which the determination relates, or has reduced the sentence, or each sentence, to which the determination relates below the period specified in paragraph 36D(1)(b); and

                             (ii)  the time for appealing, or applying for leave to appeal, the decision has expired without an appeal or application being lodged, or the decision is not appellable;

                     (c)  in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person was not a national or citizen of a country other than Australia at the time the determination was made;

                     (d)  a declaration under section 36C (declared terrorist organisation) is disallowed by either House of the Parliament and the determination would not have been made if that declaration had not been made.

             (2)  If an event mentioned in subsection (1) occurs in relation to a determination, 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 event occurred is not affected.



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