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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Citizenship Amendment
(Citizenship Repudiation) Bill 2023
No. , 2023
(Home Affairs)
A Bill for an Act to amend the
Australian
Citizenship Act 2007
, and for related purposes
No. , 2023
Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Amendments
3
Part 1
--
Amendments
3
Australian Citizenship Act 2007
3
Independent National Security Legislation Monitor Act 2010
10
Intelligence Services Act 2001
10
Surveillance Devices Act 2004
11
Part 2
--
Application provision
12
No. , 2023
Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023
1
A Bill for an Act to amend the
Australian
1
Citizenship Act 2007
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Australian Citizenship Amendment (Citizenship
5
Repudiation) Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
Amendments
Part 1
No. , 2023
Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023
3
Schedule
1--Amendments
1
Part
1--Amendments
2
Australian Citizenship Act 2007
3
1 Section 3
4
Insert:
5
Foreign Affairs Minister
means the Minister administering the
6
Diplomatic Privileges and Immunities Act 1967
.
7
serious offence
has the meaning given by subsection 36C(3).
8
2 Section 32A
9
Omit:
10
•
for certain conduct or convictions, the Minister can make a
11
determination ceasing your citizenship if the Minister is
12
satisfied you have repudiated your allegiance to Australia and
13
that it would be contrary to the public interest for you to
14
remain an Australia citizen: see Subdivision C (citizenship
15
cessation determinations).
16
substitute:
17
•
if you are convicted of certain offences and an order is made
18
by a court that you cease to be an Australian citizen: see
19
Subdivision C (citizenship cessation).
20
3 Subdivision C of Division 3 of Part 2 (heading)
21
Omit "
determinations
"
.
22
4 Sections 36B to 36K
23
Repeal the sections, substitute:
24
Schedule 1
Amendments
Part 1
Amendments
4
Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023
No. , 2023
36B Cessation of citizenship if citizenship cessation order made by
1
court etc.
2
(1) Subject to this section, if an order is made under subsection 36C(1)
3
in relation to a person, the person ceases to be an Australian citizen
4
at the time the order is made.
5
Order overturned or quashed
6
(2) If a decision of a court overturns or quashes the order made under
7
subsection 36C(1)
, the person's citizenship is taken never to have
8
ceased under subsection (1) of this section.
9
(3) The validity of anything done in reliance on the order made under
10
subsection 36C(1) before the order was overturned or quashed is
11
not affected.
12
Appeal decision
13
(4) If:
14
(a) a decision (the
first decision
) of a court overturning or
15
quashing the order made under subsection 36C(1) in relation
16
to the person is appealed; and
17
(b) the decision (the
second decision
) on appeal overturns or
18
quashes the first decision;
19
the person ceases to be an Australian citizen at the time the second
20
decision is made.
21
36C Citizenship cessation order if person is convicted of serious
22
offence
23
(1) If:
24
(a) a person is convicted of one or more serious offences; and
25
(b) the court has decided to impose on the person, in respect of
26
the conviction or convictions, a period of imprisonment that
27
is at least 3 years or periods of imprisonment that total at
28
least 3 years; and
29
(c) before the court imposes the sentence or sentences on the
30
person in respect of the conviction or convictions, the
31
Minister makes an application under subsection 36D(1) for
32
Amendments
Schedule 1
Amendments
Part 1
No. , 2023
Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023
5
an order to be made under this subsection in relation to the
1
person; and
2
(d) the court is satisfied of the matters specified in subsection (4)
3
of this section;
4
the court may, when imposing such a period or periods of
5
imprisonment on the person in respect of the conviction or
6
convictions, also order at that time as part of the sentence or
7
sentences that the person ceases to be an Australian citizen.
8
Note:
Subsections (5) and (6) set out, without limitation, matters the court
9
must have regard to in deciding whether to make an order under this
10
subsection.
11
(2) However, the court must not make an order under subsection (1) in
12
relation to the person if the court is satisfied that the person would,
13
if the court were to make the order, become a person who is not a
14
national or citizen of any country.
15
Serious offence
16
(3) A
serious offence
is an offence against any of the following
17
provisions:
18
(a) a provision of Subdivision A of Division 72 of the
Criminal
19
Code
(explosives and lethal devices);
20
(b) a provision of Subdivision B of Division 80 of the
Criminal
21
Code
(treason);
22
(c) section 83.1 of the
Criminal Code
(advocating mutiny);
23
(d) a provision of Division 91 of the
Criminal Code
(espionage);
24
(e) a provision of Division 92 of the
Criminal Code
(foreign
25
interference);
26
(f) a provision of Part 5.3 of the
Criminal Code
(terrorism),
27
other than the following provisions:
28
(i) section 102.8;
29
(ii) Division 104;
30
(iii) Division 105;
31
(iv) section 105A.7D;
32
(v) section 105A.18B;
33
(g) a provision of Part 5.5 of the
Criminal Code
(foreign
34
incursions and recruitment).
35
Schedule 1
Amendments
Part 1
Amendments
6
Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023
No. , 2023
Court to be satisfied of certain matters etc.
1
(4) For the purposes of paragraph (1)(d), the matters are the following:
2
(a) the person is aged 14 or over;
3
(b) the person is an Australian citizen;
4
(c)
the person's conduct to which the conviction or convictions
5
relate is so serious and significant that it demonstrates that
6
the person has repudiated their allegiance to Australia.
7
(5) In deciding whether the court is satisfied of the matter referred to
8
in paragraph (4)(c) in relation to the
person's conduct
, the court
9
must have regard to the following matters:
10
(a) whether the conduct to which the conviction or convictions
11
relate demonstrates a repudiation of the values, democratic
12
beliefs, rights and liberties that underpin Australian society;
13
(b) the degree, dur
ation or scale of the person's commitment to,
14
or involvement in, the conduct to which the conviction or
15
convictions relate;
16
(c) the intended scale of the conduct to which the conviction or
17
convictions relate;
18
(d) the actual impact of the conduct to which the conviction or
19
convictions relate;
20
(e) whether the conduct to which the conviction or convictions
21
relate caused, or was intended to cause, harm to human life or
22
a loss of human life.
23
(6) In deciding whether to make an order under subsection (1) in
24
relation to the person, the court must have regard to the following
25
matters:
26
(a) if the person is a child aged under 18
--
the best interests of
27
the child;
28
(b) if the person has any dependent children in Australia
--
the
29
best interests of those children;
30
(c)
the person's connection to the other country of which the
31
person is a national or citizen and the availability of the
32
rights of citizenship of that country to the person.
33
(7) Subsection (6) does not limit the matters to which the court may
34
have regard in deciding whether to make an order under
35
subsection (1) in relation to the person.
36
Amendments
Schedule 1
Amendments
Part 1
No. , 2023
Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023
7
Concurrent sentences
1
(8) If:
2
(a) a person has been convicted of 2 or more serious offences;
3
and
4
(b) a court has decided to impose on the person, in respect of the
5
conviction or convictions, 2 or more periods of imprisonment
6
to be served concurrently (whether in whole or in part);
7
then, for the purposes of subsection (1), the whole of each period is
8
to be counted in working out the total of those periods.
9
Example: A person is convicted of 2 serious offences and a court has decided to
10
impose on the person in respect of the convictions 2 periods of 2 years
11
imprisonment to be served concurrently. For the purposes of
12
subsection (1), the total period of imprisonment is 4 years.
13
References to period of imprisonment
14
(9) For the purposes of subsection (1):
15
(a) a reference to a period of imprisonment in that subsection
16
does not include a period of imprisonment that is suspended;
17
and
18
(b) a reference to a period of imprisonment in that subsection
19
includes a reference to a single sentence of imprisonment that
20
a court has decided to impose in respect of both one or more
21
serious offences and one or more other offences.
22
Other matters
23
(10) This section applies in relation to a person who is an Australian
24
citizen regardless of how the person became an Australian citizen
25
(including a person who became an Australian citizen upon the
26
person's birth)
.
27
(11) Part IB of the
Crimes Act 1914
(which deals with sentencing,
28
imprisonment and release of federal offenders) does not apply in
29
relation to an order under this section.
30
36D Application by the Minister for a citizenship cessation order
31
(1) The Minister may make an application for an order to be made by a
32
court under subsection 36C(1) in relation to a person.
33
Schedule 1
Amendments
Part 1
Amendments
8
Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023
No. , 2023
(2) The application may be made before or after the person is
1
convicted of one or more serious offences but must be made before
2
the person is sentenced.
3
Consultation with the Foreign Affairs Minister
4
(3) Before the Minister makes the application, the Minister must
5
consult the Foreign Affairs Minister.
6
Matters relating to the application
7
(4) The application must include the following matters:
8
(a) information about the
person's age;
9
(b)
information about the person's Australian citizenship;
10
(c)
information about the person's nationality or citizenship of
11
other countries.
12
(5) The application:
13
(a)
must be made in the jury's absence; and
14
(b) must not be referred to in the presence of the jury; and
15
(c) must only be heard after the person is convicted of one or
16
more serious offences.
17
Notice of application
18
(6) The Minister must give the person written notice of the application
19
as soon as practicable after the application is made. The Minister
20
may also give written notice of the application to such other
21
persons as the Minister considers appropriate.
22
(7) Section 47 (notification of decisions) does not apply to a decision
23
of the Minister to make the application.
24
Australian citizens to which this section applies
25
(8) This section applies in relation to a person who is an Australian
26
citizen regardless of how the person became an Australian citizen
27
(including a person who became an Australian citizen upon the
28
person's birth)
.
29
Amendments
Schedule 1
Amendments
Part 1
No. , 2023
Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023
9
5 Section 36L (note)
1
Repeal the note, substitute:
2
Note:
See section 36B for when a person ceases to be an Australian citizen.
3
6 Subsection 48(5A)
4
Omit "determinations"
.
5
7 Subsection 51B(1)
6
Repeal the subsection, substitute:
7
(1) As soon as practicable after a reporting period ends, the Minister
8
must table a report in each House of the Parliament that sets out the
9
number of applications made under section 36D to which both of
10
the following apply:
11
(a) the applications were made during the reporting period to
12
which the report relates or during an earlier reporting period;
13
(b) the applications relate to persons who, during the reporting
14
period to which the report relates, were convicted and
15
sentenced for one or more serious offences.
16
8 Subsection 51B(3)
17
Repeal the subsection, substitute:
18
(3) In this section:
19
reporting period
means:
20
(a) the period of 12 months beginning on the day the
Australian
21
Citizenship Amendment (Citizenship Repudiation) Act 2023
22
commences; or
23
(b) each subsequent 12-month period.
24
9 Section 51C
25
Repeal the section.
26
10 At the end of subsection 53(2)
27
Add "or the power under
section 36D (about application for citizenship
28
cessation order
)"
.
29
Schedule 1
Amendments
Part 1
Amendments
10
Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023
No. , 2023
Independent National Security Legislation Monitor Act 2010
1
11 Section 4 (paragraph (aa) of the definition of
2
counter-terrorism and national security legislation
)
3
Omit "determinations"
.
4
12 Paragraph 6(1)(bb)
5
Omit "and (1C)", substitute ", (1C) and (1F)"
.
6
13 Paragraph 6(1)(f)
7
Repeal the paragraph, substitute:
8
(f) the functions conferred by subsections (1E) and (1F).
9
14 After subsection 6(1E)
10
Insert:
11
(1F) The Independent National Security Legislation Monitor must:
12
(a) review the operation, effectiveness and implications of:
13
(i) Subdivision C of Division 3 of Part 2 of the
Australian
14
Citizenship Act 2007
(which deals with citizenship
15
cessation), as amended by Schedule 1 to the
Australian
16
Citizenship Amendment (Citizenship Repudiation) Act
17
2023
; and
18
(ii) any other provision of the
Australian Citizenship Act
19
2007
so far as it relates to that Subdivision; and
20
(b) complete the review as soon as practicable after the end of
21
the 3-year period beginning on the day the amendments of
22
that Subdivision commence.
23
15 Subsection 29B(1)
24
Omit "or (1C)", substitute ", (1C)
or
(1F)"
.
25
Intelligence Services Act 2001
26
16 After paragraph 29(1)(ca)
27
Insert:
28
(cb) if the Committee resolves to do so
--
to commence a review,
29
after the Independent National Security Legislation Monitor
30
Amendments
Schedule 1
Amendments
Part 1
No. , 2023
Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023
11
completes the review under subsection 6(1F) of the
1
Independent National Security Legislation Monitor Act 2010
,
2
into the operation, effectiveness and implications of:
3
(i) Subdivision C of Division 3 of Part 2 of the
Australian
4
Citizenship Act 2007
(which deals with citizenship
5
cessation); and
6
(ii) any other provision of that Act as far as it relates to that
7
Subdivision; and
8
Surveillance Devices Act 2004
9
17 At the end of paragraph 45(5)(ia)
10
Add:
11
or (iii) section 36C of the
Australian Citizenship Act 2007
;
12
Schedule 1
Amendments
Part 2
Application provision
12
Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023
No. , 2023
Part
2--Application provision
1
18 Application provision
2
Section 36C of the
Australian Citizenship Act 2007
, as inserted by this
3
Schedule, applies in relation to a conviction of a person if:
4
(a) the conviction occurs after the commencement of this item;
5
and
6
(b) the person engaged in the conduct to which the conviction
7
relates on or after 12 December 2015.
8