the person:

engaged in conduct specified in subsection (5) while outside Australia; or

engaged in conduct specified in any of paragraphs (5)(a) to (h) while in Australia, has since left Australia and has not been tried for an offence in relation to the conduct; and

the conduct demonstrates that the person has repudiated their allegiance to Australia; and

it would be contrary to the public interest for the person to remain an Australian citizen (see section 36E).

engaging in international terrorist activities using explosive or lethal devices;

engaging in a terrorist act;

providing or receiving training connected with preparation for, engagement in, or assistance in a terrorist act;

directing the activities of a terrorist organisation;

recruiting for a terrorist organisation;

financing terrorism;

financing a terrorist;

engaging in foreign incursions and recruitment;

fighting for, or being in the service of, a declared terrorist organisation (see section 36C);

serving in the armed forces of a country at war with Australia.

the person’s actions are unintentional; or

the person is acting under duress or force; or

the person is providing neutral and independent humanitarian assistance.

a person in the proper performance of a function of 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; or

a person acting in the course of the person’s duty to the Commonwealth in relation to the defence, security or international relations of Australia.

either:

is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or

advocates the doing of a terrorist act; and

is opposed to Australia, or to Australia’s interests, values, democratic beliefs, rights or liberties, so that if a person were to fight for or be in the service of such an organisation the person would be repudiating their allegiance to Australia.

review a declaration made under subsection (1) as soon as possible after the declaration is made; and

report the Committee’s comments and recommendations to each House of the Parliament before the end of the period during which the House may disallow the declaration.

the person has been convicted of an offence, or offences, against one or more of the provisions specified in subsection (5); and

the person has, in respect of the conviction or convictions, been sentenced to a period of imprisonment of at least 3 years, or to periods of imprisonment that total at least 3 years; and

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

the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen (see section 36E).

(a) a provision of Subdivision A of Criminal Code (explosives and lethal devices);Division 72 of the

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

(c) a provision of Criminal Code (sabotage), other than section 82.9;Division 82 of the

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

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

(f) a provision of Criminal Code (terrorism), other than section 102.8 or Division 104 or 105;Part 5.3 of the

(g) a provision of Criminal Code (foreign incursions and recruitment);Part 5.5 of the

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

the reference to being sentenced to a period of imprisonment does not include a suspended sentence; and

if a single sentence of imprisonment is imposed in respect of both an offence against a provision specified in subsection (5) and in respect of one or more other offences, then:

if it is clear that only a particular part of the total period of imprisonment relates to the offence against the provision specified in subsection (5)—the person is taken to have been sentenced to imprisonment in respect of that offence for that part of the total period of imprisonment; and

if subparagraph (i) does not apply—the person is taken to have been sentenced to imprisonment in respect of the offence against the provision specified in subsection (5) for the whole of the total period of imprisonment.

in deciding whether to make a determination under subsection 36B(1) or revoke such a determination—the severity of the conduct to which the determination relates;

in deciding whether to make a determination under subsection 36D(1) or revoke such a determination—the severity of the conduct that was the basis of the conviction or convictions, and the sentence or sentences, to which the determination relates;

the degree of threat posed by the person to the Australian community;

the age of the person;

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

in deciding whether to make a determination under subsection 36B(1) or revoke such a determination—whether the person is being or is likely to be prosecuted in relation to conduct to which the determination relates;

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;

Australia’s international relations;

any other matters of public interest.

must give written notice of the determination to the person:

as soon as practicable after the determination is made; or

if the Minister makes a determination under subsection 36G(1) (that notice should not be given to the person)—as soon as practicable after the determination under that subsection is revoked; and

may give notice of the determination to such other persons and at such time as the Minister considers appropriate.

the Minister is satisfied the person did not receive the notice given in accordance with that subsection; and

the Minister has become aware of the electronic address for the person.

the Minister becomes aware of the electronic address for the person while a determination is in force under subsection 36G(1) (that notice should not be given to the person); and

that determination is revoked.

state that the Minister has determined under subsection 36B(1) or 36D(1) (as applicable) that the person has ceased to be an Australian citizen; and

for a determination under subsection 36B(1)—contain a basic description of the conduct to which the determination relates; and

for a determination under subsection 36D(1)—specify the conviction or convictions, and sentence or sentences, to which the determination relates; and

specify the date of the notice; and

set out the person’s rights of review.

(a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010); or

the disclosure of the information or content could prejudice:

the security, defence or international relations of Australia; or

(ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions; or

the disclosure of the information or content could endanger a person’s safety; or

the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.

the Minister must consider whether to revoke the determination at least every 90 days after extending it; and

the determination is taken to be revoked at the end of that year.

90 days after the date of the notice given under paragraph 36F(1)(a) in relation to the determination;

if the notice was given to the person again by sending it to an electronic address in accordance with subsection 36F(3)—30 days after the day the notice was sent to the electronic address.

must revoke the determination if:

the Minister is satisfied that, at the time the determination was made, the person was not a national or citizen of any other country; or

for a determination made under subsection 36B(1)—the Minister is satisfied that the person did not engage in the conduct to which the determination relates; and

may revoke the determination if paragraph (a) of this subsection does not apply, but only if satisfied that revoking the determination would be in the public interest (see section 36E).

set out the decision; and

if the Minister refused the application:

include the reasons for the decision; and

set out the person’s rights of review.

(a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010); or

the disclosure of the information or content could prejudice:

the security, defence or international relations of Australia; or

(ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions; or

the disclosure of the information or content could endanger a person’s safety; or

the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.

must give the person written notice of the decision if the person was given notice under paragraph 35C(1)(a) of the determination; and

must not otherwise give the person notice of the decision.

(a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010); or

the disclosure of the information or content could prejudice:

the security, defence or international relations of Australia; or

(ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010) of its functions; or

the disclosure of the information or content could endanger a person’s safety; or

the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.

for a determination under subsection 36B(1)—in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person did not engage in the conduct to which the determination relates;

for a determination under subsection 36D(1)—both:

a decision of a court has overturned or quashed the conviction, or each conviction, to which the determination relates, or has reduced the sentence, or each sentence, to which the determination relates below the period specified in paragraph 36D(1)(b); and

the time for appealing, or applying for leave to appeal, the decision has expired without an appeal or application being lodged, or the decision is not appellable;

in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person was not a national or citizen of a country other than Australia at the time the determination was made;

a declaration under section 36C (declared terrorist organisation) is disallowed by either House of the Parliament and the determination would not have been made if that declaration had not been made.

the number of notices given by the Minister under paragraph 36F(1)(a) (notice of citizenship cessation) during the reporting period;

for each notice that was given under paragraph 36F(1)(a) during the reporting period—a brief statement of the matters that are the basis for the determination to which the notice relates;

the number of notices given by the Minister under subsection 36H(4) during the reporting period (notice of decision on application to have citizenship cessation determination revoked).

the Minister gives a person a notice under paragraph 36F(1)(a) (notice of citizenship cessation);

the Minister makes a determination under subsection 36G(1) (that notice of citizenship cessation should not be given);

the Minister gives a person notice, under subsection 36H(4) or 36J(3), that the Minister has decided to revoke a determination made under subsection 36B(1) or 36D(1).

(aa) Subdivision C of Australian Citizenship Act 2007 (citizenship cessation determinations) and any other provision of that Act as far as it relates to that Subdivision;Division 3 of Part 2 of the

(ca) to commence, by the third anniversary of the day the Australian Citizenship Amendment (Citizenship Cessation) Act 2020 commenced, a review of the operation, effectiveness and implications of Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007 (citizenship cessation determinations) and any other provision of that Act as far as it relates to that Subdivision; and

immediately before commencement, the person is not an Australian citizen; and

the person ceased to be an Australian citizen under section 33AA or 35 of the Act as in force before commencement because of the conduct; and

either:

(i) before commencement, the Minister gave, or made reasonable attempts to give, the person a notice under paragraph 33AA(10)(a) or 35(5)(a) of the Act in relation to the conduct (a cessation notice); or

(ii) immediately before commencement, a determination was in force under subsection 33AA(12) or 35(7) of the Act in relation to the conduct (a no-notice determination).

the cessation notice:

is taken to have been given under section 36F of the amended Act; and

is taken to have been given at the time the Minister gave, or first reasonably attempted to give, the notice to the person under the Act as in force before commencement; and

the person cannot apply under section 36H of the amended Act to have the designated non-citizen determination revoked.

the designated non-citizen determination in relation to the person does not alter the time the person’s citizenship ceased under section 33AA or 35 of the Act as in force before commencement; and

the person remains at all times a person who is not an Australian citizen, unless the designated non-citizen determination is revoked under section 36H, 36J or 36K of the amended Act.

did not give or make reasonable attempts to give the person a notice under paragraph 33AA(10)(a) of the Act in relation to the conduct; and

did not make a determination under subsection 33AA(12) of the Act in relation to the conduct.

did not give or make reasonable attempts to give the person a notice under paragraph 35(5)(a) of the Act in relation to the conduct; and

did not make a determination under subsection 35(7) of the Act in relation to the conduct.

the conduct was engaged in on or after 29 May 2003 (whether the conduct commenced before, on or after that date); and

the conduct is not conduct to which a designated non-citizen determination relates.

the conduct was engaged in on or after 12 December 2015 (whether the conduct commenced before, on or after that date); and

the conduct is not conduct to which a designated non-citizen determination relates.

that occurs after commencement; or

that occurred before commencement, if:

the conviction occurred on or after 29 May 2003; and

the person was sentenced to a period of imprisonment of at least 3 years, or to periods of imprisonment that total at least 3 years, in respect of the conviction.

for the part of the reporting period that occurs before commencement—the matters required by subsection 51B(1) of the Act as in force immediately before commencement; and

for the part of the reporting period that occurs after commencement—the matters required by subsection 51B(1) of the amended Act.

whether the person became an Australian citizen before or after commencement; or

whether the person ceased to be an Australian citizen before commencement.