A parliamentary inquiry into the Australian Citizenship Amendment (Citizenship Cessation) Bill 2019 has recommended that the Parliament pass the bill with relatively few amendments, in a report tabled today.

Media release issue date: Tuesday, 1 September 2020

A parliamentary inquiry into the Australian Citizenship Amendment (Citizenship Cessation) Bill 2019 has recommended that the Parliament pass the bill with relatively few amendments, in a report tabled today. Chair of the Parliamentary Joint Committee on Intelligence and Security, Andrew Hastie, said the Committee acknowledges the role that citizenship loss can provide to keep Australians safe from terrorists. ‘The Committee’s report recommends and welcomes the move from an ‘operation of law’ model of citizenship loss to a ministerial decision model. As with many submitters the Committee is pleased that this increases the opportunity for persons affected by citizenship cessation provisions to seek judicial review and, in relation to an ASIO Qualified Security Assessment (QSA), merits review,’ Mr Hastie said. The report recommends that the Explanatory Memorandum clarify that proposed section 36B of the Bill require the Minister to be ‘reasonably’ satisfied of the matters listed in proposed subsection 36B(1) before determining that a person ceases to be an Australian citizen and that the Explanatory Memorandum of the Bill clarify that under proposed section 36E(2) dealing with a public interest test before citizenship is ceased the Minister must take into account the following matters: the likely effects of citizenship cessation on any dependents of the person whose citizenship the Minister is proposing to cancel; a person’s connection to Australia; and conduct that would be captured by Chapter 8 of the Criminal Code. Mr Hastie emphasised the serious nature of crimes that could result in citizenship loss. ‘If dual-national Australian citizens resolve to harm, maim and kill their fellow citizens through acts of terror, then we must be prepared to impose costs for such behaviour,’ Mr Hastie said. ‘The offences for which a dual citizen may lose their citizenship include; international terrorist activities using explosive or lethal devices, treason, sabotage, espionage, foreign interference and offences associated with planning, preparation and carrying out terrorism. The lowest penalty for these offences is 10 years imprisonment with most attracting imprisonment of 25 years to life imprisonment.’ ‘Those who choose the dark path of terrorism reject the gift and responsibilities of Australian citizenship.’ Mr Hastie said. The report can be obtained from the Committee’s website. Media enquiries Chair, Mr Andrew Hastie MP (Canning, WA) on (08) 9534 8044 (Electorate office) or (02) 6277 4223 (Parliament House) For background information Committee Secretariat, Parliamentary Joint Committee on Intelligence and Security, (02) 6277 2360 pjcis@aph.gov.au

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review into the Australian Citizenship Amendment (Citizenship Cessation) Bill 2019.

Media release issue date: Friday, 20 September 2019

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review into the Australian Citizenship Amendment (Citizenship Cessation) Bill 2019. The Australian Citizenship Amendment (Citizenship Cessation) Bill 2019 is intended to provide that, at the discretion of the Minister for Home Affairs, a person who is a national or citizen of a country other than Australia ceases to be an Australian citizen if the person acts inconsistently with their allegiance to Australia by: engaging in specified terrorism-related conduct; fighting for, or being in the service of, a declared terrorist organisation outside Australia. engaging in conduct that results in a conviction for a specified terrorism offence, and sentenced to a period of imprisonment of at least 3 years, or periods totalling at least 3 years. The Bill intends to provide for a period in which the individual subject to a determination resulting in the cessation of their citizenship can apply to the Minister for Home Affairs to have this determination revoked. It also provides for the Minister for Home Affairs to revoke a determination on his or her own initiative, or for the determination to be automatically revoked in certain circumstances. The Bill is also intended to address the INSLM’s key recommendation, in his Review of the operation, effectiveness and implications of terrorism-related citizenship loss provisions that the current ‘operation of law’ model, whereby a dual-national’s Australian citizenship is automatically renounced through their actions, be replaced by a Ministerial decision model. Prospective submitters are advised that any submission to the Committee’s inquiry must be prepared solely for the inquiry and should not be published prior to being accepted by the Committee. Submissions are requested by Monday 14 October 2019. The Committee notes its concurrent Review of the Australian Citizenship renunciation by conduct and cessation provisions and confirms it intends to complete this review by 1 December 2019 taking into account the changes put forward in the Australian Citizenship Amendment (Citizenship Cessation) Bill 2019. The Minister has requested that the Committee finalise its review of the Bill by 1 December 2019. Further information about making a submission to a committee inquiry can be found at the following link. Further information on the inquiry can be obtained from the Committee’s website. Media inquiries: Chair, Mr Andrew Hastie MP (Canning, WA) on 08 9534 8044 (Electorate office) or (02) 6277 4223 (Parliament House) For background information: Committee Secretariat, Parliamentary Joint Committee on Intelligence and Security, (02) 6277 2360 or pjcis@aph.gov.au. For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.