Commonwealth of Australia Explanatory Memoranda

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AUSTRALIAN CITIZENSHIP AMENDMENT (CITIZENSHIP CESSATION) BILL 2020

                                     2019-2020




       THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                         HOUSE OF REPRESENTATIVES




AUSTRALIAN CITIZENSHIP AMENDMENT (CITIZENSHIP CESSATION) BILL
                            2019

             (Amendments to be moved on behalf of the Government)




             SUPPLEMENTARY EXPLANATORY MEMORANDUM




 (Circulated by authority of the Minister for Home Affairs, the Hon. Peter Dutton MP)
                                              1


AUSTRALIAN CITIZENSHIP AMENDMENT (CITIZENSHIP CESSATION) BILL 2019

OUTLINE

The government amendment described in this supplementary explanatory memorandum
responds to recommendation three of the Advisory Report on the Australian Citizenship
Amendment (Citizenship Cessation) Bill 2019, prepared by the Parliamentary Joint
Committee on Intelligence and Security (PJCIS), tabled on 1 September 2020.

Specifically, the government amendment to the Australian Citizenship Amendment
(Citizenship Cessation) Bill 2019 will amend the Intelligence Services Act 2001 to require the
PJCIS to commence a review of the operation, effectiveness and implications of
Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007 (as amended by
the proposed provisions of the Bill), by the third anniversary of the day the Australian
Citizenship Amendment (Citizenship Cessation) Act 2020 commences.

FINANCIAL IMPACT STATEMENT

There are nil financial implications that are associated with this government amendment.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

The government amendment to the Bill is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011.

Overview

The government amendment to the Bill amends the Intelligence Services Act 2001 (the
Intelligence Services Act).

The amendment provides that one of the functions of the Parliamentary Joint Committee on
Intelligence and Security is to commence a review of the operation, effectiveness and
implications of Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007,
as amended by the Bill, by the third anniversary of the commencement of the amendments
made by the Bill.

Human rights implications

The amendment does not alter the engagement of the human rights and freedoms set out in
the Statement of Compatibility with Human Rights in the explanatory memorandum to the
Bill.

Conclusion

The amendment is compatible with human rights because it will assist to maintain the
Government's strong approach to combating terrorism, and commitment to protecting the
sovereignty and safety of the country and its citizens.
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NOTES ON AMENDMENTS TO SCHEDULE 1

Amendment (1)

1. This amendment omits the words "review, by 30 June 2021," and substitutes the words
   "commence, by the third anniversary of the day the Australian Citizenship Amendment
   (Citizenship Cessation) Act 2020 commenced, a review of" in item 15 of Schedule 1 to
   the Bill.

2. Item 15 of Schedule 1 to the Bill repeals and substitutes paragraph 29(1)(ca) of the
   Intelligence Services Act 2001. Existing subsection 29(1) sets out the functions of the
   Parliamentary Joint Committee on Intelligence and Security (PJCIS). Existing paragraph
   29(1)(ca) currently provides that the PJCIS is to review, by 1 December 2019, the
   operation, effectiveness and implications of sections 33AA, 35, 35AA and 35A of the
   Australian Citizenship Act 2007 (the Citizenship Act) and any other provision of that Act
   as far as it relates to those sections.

3. Item 15 of Schedule 1 to the Bill had initially proposed to extend the review date to 30
   June 2021 and to provide that Subdivision C of Division 3 of Part 2 of the Citizenship Act
   is the subject for the review.

4. The effect of this amendment is that new paragraph 29(1)(ca) will now require the PJCIS
   to commence, by the third anniversary of the day the Australian Citizenship Amendment
   (Citizenship Cessation) Act 2020 commences, a review of the operation, effectiveness and
   implications of Subdivision C of Division 3 of Part 2 of the Citizenship Act. The review
   will also include any other provision of the Citizenship Act as far as it relates to that
   Subdivision.

5. The purpose of this amendment is to provide the PJCIS with more time to consider
   whether the amendments made by the Bill are operating as intended, their effectiveness in
   helping protect the Australian community, and their implications. This will ensure that the
   provisions set out by the Bill are reviewed appropriately - to determine its operation as
   intended, to enforce that Australian citizenship is a common bond, involving reciprocal
   rights and obligations, and that citizens may, through certain conduct incompatible with
   the shared values of the Australian community, demonstrate that they have severed that
   bond and repudiated their allegiance to Australia.