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Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018

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2016-2017-2018

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018

 

 

(1)     Title, page 1 (line 2), after “ migration, ”, insert “ citizenship, ”.

[strengthening the citizenship loss provisions]

(2)     Page 10 (after line 13), at the end of the Bill, add:

Schedule 10 Strengthening the Citizenship Loss Provisions

   

Australian Citizenship Act 2007

1  Subsection 35A(1)

Repeal the subsection, substitute:

Meaning of relevant terrorism conviction

          (1A)  A person has a relevant terrorism conviction if the person has been convicted of an offence against, or offences against, one or more of the following:

                     (a)  a provision of Subdivision A of Division 72 of the Criminal Code ;

                     (b)  a provision of Subdivision B of Division 80 of the Criminal Code (treason);

                     (c)  a provision of Part 5.3 of the Criminal Code (except Division 104 or 105);

                     (d)  a provision of Part 5.5 of the Criminal Code ;

                     (e)  section 6 or 7 of the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 .

Meaning of relevant other conviction

          (1B)  A person has a relevant other conviction if:

                     (a)  the person has been convicted of an offence against, or offences against, one or more of the following:

                              (i)  a provision of Division 82 of the Criminal Code (sabotage) other than section 82.9 (preparing for or planning sabotage offence);

                             (ii)  a provision of Division 91 of the Criminal Code (espionage);

                            (iii)  a provision of Division 92 of the Criminal Code (foreign interference); and

                     (b)  the person has, in respect of the conviction or convictions, been sentenced to a period of imprisonment of at least 6 years, or to periods of imprisonment that total at least 6 years.

Cessation of citizenship on determination by Minister

             (1)  The Minister may determine in writing that a person ceases to be an Australian citizen if:

                     (a)  the person has a relevant terrorism conviction or a relevant other conviction; and

                     (b)  the Minister is satisfied that the person would not, if the Minister were to determine that the person ceases to be an Australian citizen, become a person who is not a national or citizen of any country; and

                     (c)  the Minister is satisfied that the conduct of the person to which the conviction or convictions relate demonstrates that the person has repudiated their allegiance to Australia; and

                     (d)  having regard to the following factors, the Minister is satisfied that it is not in the public interest for the person to remain an Australian citizen:

                              (i)  the severity of the conduct that was the basis of the conviction or convictions and the sentence or sentences;

                             (ii)  the degree of threat posed by the person to the Australian community;

                            (iii)  the age of the person;

                            (iv)  if the person is aged under 18—the best interests of the child as a primary consideration;

                             (v)  the person’s connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person;

                            (vi)  Australia’s international relations;

                           (vii)  any other matters of public interest.

Note:          A person may seek review of a determination made under this subsection in the High Court of Australia under section 75 of the Constitution, or in the Federal Court of Australia under section 39B of the Judiciary Act 1903 .

2  Subsection 35A(4)

Omit “paragraph (1)(b)”, substitute “paragraph (1B)(b)”.

3  Paragraph 35A(4)(b)

Omit “paragraph (1)(a)” (wherever occurring), substitute “paragraph (1B)(a)”.

4  Application and saving provisions

(1)       Section 35A of the Australian Citizenship Act 2007 (as amended by this Schedule) applies in relation to persons who became Australian citizens before, on or after the commencement of this item.

(2)       Section 35A of the Australian Citizenship Act 2007 (as amended by this Schedule) applies in relation to a relevant terrorism conviction occurring on or after 12 December 2005.

(3)       Section 35A of the Australian Citizenship Act 2007 (as amended by this Schedule) applies in relation to a relevant other conviction of a person if:

                     (a)  the conviction occurred on or after 12 December 2005; and

                     (b)  if the conviction occurred before 12 December 2015—the person was sentenced to a period of imprisonment of at least 10 years in respect of the conviction.

(4)       The amendments made by this Schedule do not affect the validity of a determination made under subsection 35A(1) of the Australian Citizenship Act 2007 before the commencement of this item.

[strengthening the citizenship loss provisions]