Intelligence and Security Committee to review new citizenship repudiation law

IN RESPONSE to a Senate Resolution of December 4, 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 December 4, 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The Citizenship Repudiation Act repealed and replaced the relevant provisions to now provide that the Minister may make an application to a court to make a citizenship cessation order in certain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.

Chair of the PJCIS, Peter Khalil MP 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 said.

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 has requested submissions to the inquiry by Thursday, February 8, 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.

 

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