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Crime, Legal

Intelligence and Security Committee to review new citizenship repudiation law

Parliament of Australia 2 mins read

In response to a Senate Resolution of 4 December 2023 the Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced an inquiry into the operation, effectiveness and implications of new provisions in the Australian Citizenship Act 2007 (Citizenship Act), implemented by the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 (Citizenship Repudiation Act).

The Citizenship Repudiation Act was passed by Parliament on 6 December 2023, following High Court decisions which determined that the citizenship cessation regime previously set out in Subdivision C of Division 3 of Part 2 of the Citizenship Act was unconstitutional.

The Citizenship Repudiation Act repealed and replaced the relevant provisions to now provide that the Minister may make an application to a court to make a citizenship cessation order in certain circumstances, as part of sentencing on conviction of a person for certain serious offences. On receiving such an application, the court may, as part of sentencing the person to a period or periods of imprisonment, also order that they cease to be an Australian citizen.

At the direction of the Senate, the Committee will also consider amendments proposed in the Senate which did not pass and do not form part of the final Act. These amendments are available on the Committee’s website.

Mr Peter Khalil MP, Chair of the PJCIS, said “This review will provide a valuable opportunity to consider the new citizenship repudiation law that needed to be very rapidly put in place by Parliament following the decisions of the High Court. The review provides the opportunity to examine the operation, effectiveness and implications of the new citizenship repudiation regime, as well as amendments that were proposed during the Senate’s consideration of it.

“The Committee will carefully consider the new law and looks forward to receiving the views of interested people and organisations on it,” Mr Khalil added.

The Committee has combined this review with its current review of Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007 and will report on both reviews together.

The Committee requests submissions to the inquiry by Thursday 8 February 2024. Any submissions made to the Committee’s statutory Review of Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007 will be taken as a submission to this inquiry.

Further information on the inquiry can be obtained from the Committee’s website.

Media inquiries

Chair Mr Peter Khalil MP, via Lachlan Hinds
0455 999 677

For background information

Committee Secretariat, Parliamentary Joint Committee on Intelligence and Security
(02) 6277 2360

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 this Committee’ button in the bottom right hand corner of the page.

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