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Australian Citizenship Amendment (Allegiance to Australia) Act 2015

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateDecember 12, 2015
CategoryCitizenship or nationality status
Policy toolEnforcement
Affected groupExisting holders

Policy effect

Amends the Australian Citizenship Act 2007 to provide explicit powers for the cessation of Australian citizenship where a dual citizen engages in terrorism-related conduct.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… ir allegiance to Australia.ComLaw Authoritative Act C2015A00166 Main amendments Schedule 1 No. 166, 2015 Australian Citizenship Amendment (Allegiance to Australia) Act 2015 3 Schedule 1—Main amendments Australian Citizenship Act 2007 1 Section 32A Omit: • you serve in the armed forces of a country at war with Australia: see section 35; or substitute: • you engage in various kinds of conduct inconsistent with allegiance to Australia: see sections 33AA, 35 and 35A; or 2 Section 33 (heading) Repeal the heading, substitute: 33 Renunciation by application 3 After section 33 Insert: 33AA Renunciatio … n by conduct Renunciation and cessation of citizenship (1) Subject to this section, a person aged 14 or older who is a national or citizen of a country other than Australia renounces their Australian citizenship if the person acts inconsistently with their allegiance to Australia by engaging in conduct specified in subsection (2). Note 1: The Minister may, in writing, exempt the person from the effect of this section in relation to certain matters: see subsection (14). Note 2: This section does not apply to conduct of Australian law enforcement or intelligence bodies, or to conduct in the cour … se of certain duties to the Commonwealth: see section 35AB.ComLaw Authoritative Act C2015A00166 Schedule 1 Main amendments 4 Australian Citizenship Amendment (Allegiance to Australia) Act 2015 No. 166, 2015 (2) Subject to subsections (3) to (5), subsection (1) applies to the following conduct: (a) engaging in international terrorist activities using explosive or lethal devices; (b) engaging in a terrorist act; (c) providing or receiving training connected with preparation for, engagement in, or assistance in a terrorist act; (d) directing the activities of a terrorist organisation; (e) recruit … Australia after engaging in the conduct and, at the time that the person left Australia, the person had not been tried for any offence related to the conduct. (8) Subsection (1) applies to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth). (9) Where a person renounces their Australian citizenship under this section, the renunciation takes effect, and the Australian citizenship of the person ceases, immediately upon the person engaging in the conduct referred to in subsec … n if that declaration had not been made. 4 Section 35 Repeal the section, substitute: 35 Service outside Australia in armed forces of an enemy country or a declared terrorist organisation Cessation of citizenship (1) A person aged 14 or older ceases to be an Australian citizen if: (a) the person is a national or citizen of a country other than Australia; and (b) the person:ComLaw Authoritative Act C2015A00166 Main amendments Schedule 1 No. 166, 2015 Australian Citizenship Amendment (Allegiance to Australia) Act 2015 9 (i) serves in the armed forces of a country at war with Australia; or (ii) f … ights for, or is in the service of, a declared terrorist organisation (see section 35AA); and (c) the person’s service or fighting occurs outside Australia. Note 1: The Minister may, in writing, exempt the person from the effect of this section in relation to certain matters: see subsection (9). Note 2: This section does not apply to conduct of Australian law enforcement or intelligence bodies, or to conduct in the course of certain duties to the Commonwealth: see section 35AB. (2) The person ceases to be an Australian citizen at the time the person commences to so serve or fight. (3) Subsecti … n: Australian law enforcement or intelligence body means a body, agency or organisation of the Commonwealth, or of a State or Territory, that is responsible for, or deals with, law enforcement, criminal intelligence, criminal investigation, fraud, security intelligence, foreign intelligence or financial intelligence. 5 After section 35 Insert: 35A Conviction for terrorism offences and certain other offences 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 been convicted of an … offence against, or offences against, one or more of the following: (i) a provision of Subdivision A of Division 72 of the Criminal Code; (ii) a provision of section 80.1, 80.1AA or 91.1 of the Criminal Code; (iii) a provision of Part 5.3 of the Criminal Code (except section 102.8 or Division 104 or 105); (iv) a provision of Part 5.5 of the Criminal Code; (v) section 24AA or 24AB of the Crimes Act 1914; (vi) section 6 or 7 of the repealed Crimes (Foreign Incursions and Recruitment) Act 1978; and (b) the person has, in respect of the conviction or convictions, been sentenced to a period of impr … isonment of at least 6 years, or to periods of imprisonment that total at least 6 years; and (c) the person is a national or citizen of a country other than Australia at the time when the Minister makes the determination; and (d) 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; andComLaw Authoritative Act C2015A00166 Main amendments Schedule 1 No. 166, 2015 Australian Citizenship Amendment (Allegiance to Australia) Act 2015 15 (e) having regard to the following facto …
aph.gov.auaph.gov.au. Australian Citizenship Amendment (Allegiance to Australia) Act 2015.; Australian Citizenship Amendment (Allegiance to Australia) Act 2015 (Act No. 166, 2015), Federal Register of Legislation.Open official source
Retrieved from https://aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bid=r5507

Review method

Two separate automated exact-claim source reviews

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Other Australia changes operative in 2015