Document ID: chunk:federal_register_of_legislation:C2004A02993:body:0:p13
Version: federal_register_of_legislation:C2004A02993
Segment Type: other
Provision Reference: 
Character Range: 30022–32852

by reason that the person is an Australian citizen,
    the person may lodge with the Minister a declaration in the prescribed form renouncing his Australian citizenship.";
    (b) by omitting from sub-section (4) "the next two succeeding sub-sections" and substituting "sub-sections (5), (5a) and (6)";
    (c) by inserting after sub-section (5) the following sub-section:
    "(5a) The Minister shall not register a declaration made under this section if he considers that it would not be in the interests of Australia to do so."; and
    (d) by omitting from sub-section (6) "sub-section (2)" and substituting "this section".

Deprivation of citizenship
15. Section 21 of the Principal Act is amended—
    (a) by omitting paragraph (a) and substituting the following paragraph:
      "(a) a person who is an Australian citizen by virtue of a certificate of Australian citizenship—
             (i) has been convicted of an offence against section 50 in relation to the application for his certificate of Australian citizenship; or
             (ii) has, at any time after furnishing the application for his certificate of Australian citizenship (including a time after the grant of the certificate), been convicted of an offence against a law in force in a foreign country or against a law of the Commonwealth, a State or Territory for which he has been sentenced to death or to imprisonment for life or for a period of not less than 12 months, being an offence committed at any time before the grant of the certificate (including a time before the furnishing of the application); and";
    (b) by inserting "in his discretion," after "the Minister may,"; and
    (c) by adding at the end thereof the following sub-sections:
    "(2) A reference in sub-section (1) to a conviction of an offence includes a reference to the making of an order under sub-section 19b (1) of the Crimes Act 1914 or the corresponding provision of a law in force in a foreign country or of a law of a State or Territory in relation to the offence.

    "(3) Where the Minister makes an order under sub-section (1) depriving a person of his Australian citizenship, the Minister shall, if the person is present in Australia, cause to be served on the person, either personally or by post, a copy of that order.".

Children of persons who lose or are deprived of citizenship
16. Section 23 of the Principal Act is amended—
    (a) by omitting from sub-section (1) "Where" and substituting "Subject to sub-section (3), where";
    (b) by omitting from paragraph (1) (a) "the responsible parent or the guardian" and substituting "a responsible parent";
    (c) by omitting from paragraph (1) (b) "his responsible parent or his guardian" and substituting "that responsible parent";
    (d) by omitting from sub-section (2) "Where" and substituting "Subject