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Australian Citizenship Amendment (Allegiance to Australia) Bill 2015

Schedule 2 Other amendments

   

Australian Citizenship Act 2007

1  After section 51A

Insert:

51B   Reports to Parliament

             (1)  As soon as practicable after each reporting period, the Minister must table a report in each House of the Parliament that sets out:

                     (a)  the number of notices given by the Minister under paragraph 33AA(10)(a), 35(5)(a) or 35A(5)(a) during the reporting period; and

                     (b)  the number of notices the Minister unsuccessfully attempted to give under paragraph 33AA(10)(a), 35(5)(a) or 35A(5)(a) during the reporting period; and

                     (c)  for each notice given or attempted to be given under paragraph 33AA(10)(a) or 35(5)(a)—a brief statement of the matters that are the basis for the notice; and

                     (d)  for each notice given or attempted to be given under paragraph 35A(5)(a)—a brief statement of the matters that are the basis for the determination under subsection 35A(1) to which the notice relates.

             (2)  The report 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 would or might 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 would or might 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.

             (3)  For the purposes of this section, reporting period means:

                     (a)  the period of 6 months beginning on the day this section commences; and

                     (b)  each subsequent 6-month period.

51C   Briefing of Parliamentary Joint Committee on Intelligence and Security

             (1)  This section applies if any of the following events occurs:

                     (a)  the Minister gives or unsuccessfully attempts to give a notice under paragraph 33AA(10)(a) or 35(5)(a);

                     (b)  the Minister gives or unsuccessfully attempts to give a notice under paragraph 35A(5)(a);

                     (c)  the Minister makes a determination under subsection 33AA(12), 35(7) or 35A(7).

             (2)  The Minister must, as soon as practicable after the occurrence of the event, inform the Parliamentary Joint Committee on Intelligence and Security in writing.

             (3)  Before the later of:

                     (a)  the end of 20 sittings days of the House of Representatives after the occurrence of the event; and

                     (b)  the end of 20 sittings days of the Senate after the occurrence of the event;

the Minister must, if requested to do so by the Parliamentary Joint Committee on Intelligence and Security, arrange for the Committee to be briefed on the event.

             (4)  The briefing may be done orally or in writing.

             (5)  The briefing must include details of the following:

                     (a)  for an event mentioned in paragraph (1)(a):

                              (i)  the matters that are the basis for the notice; and

                             (ii)  whether the Minister has rescinded the notice and exempted the person to whom the notice related from the effect of the section in relation to the matters that were the basis for the notice;

                     (b)  for an event mentioned in paragraph (1)(b):

                              (i)  the matters that are the basis for the determination under subsection 35A(1) to which the notice relates;

                             (ii)  whether the Minister has revoked under subsection 35A(8) the determination to which the notice relates; and

                     (c)  for an event mentioned in paragraph (1)(c)—the matters that are the basis for the determination.

Independent National Security Legislation Monitor Act 2010

2  Section 4 (before paragraph (a) of the definition of counter-terrorism and national security legislation )

Insert:

                    (aa)  sections 33AA, 35 and 35A of the Australian Citizenship Act 2007 and any other provision of that Act as far as it relates to those sections;

Intelligence Services Act 2001

3  Section 3

Insert:

Immigration and Border Protection Department means the Department administered by the Minister administering the Australian Citizenship Act 2007 .

4  Before paragraph 29(1)(c)

Insert:

                    (ca)  to review, by 1 December 2019, the operation, effectiveness and implications of sections 33AA, 35, 35AA and 35A of the Australian Citizenship Act 2007 and any other provision of that Act as far as it relates to those sections; and

5  Paragraph 29(3)(g)

Omit “ONA or AFP”, substitute “ONA, AFP or the Immigration and Border Protection Department”.

6  At the end of section 30

Add:

                   ; (e)  the Secretary of the Immigration and Border Protection Department.

7  Clause 1A of Schedule 1 (definition of agency )

Omit “or AFP”, substitute “, AFP or the Immigration and Border Protection Department”.

8  Clause 1A of Schedule 1 (at the end of the definition of agency head )

Add:

               ; or (f)  the Secretary of the Immigration and Border Protection Department.

9  Application of amendments

The amendments of the Independent National Security Legislation Monitor Act 2010 and the Intelligence Services Act 2001 made by this Schedule apply in relation to sections 33AA, 35 and 35A of the Australian Citizenship Act 2007 as in force on and after the commencement of this Act.

(125/15)