Document ID: chunk:federal_register_of_legislation:C2015A00166:clause:1_35:p2
Version: federal_register_of_legislation:C2015A00166
Segment Type: clause
Provision Reference: sch 1 cl 35 (pt 2/4)
Character Range: 14807–17375

and
 (b) the person's rights of review.
 (7) The Minister may determine in writing that a notice under paragraph (5)(a) should not be given to a person if the Minister is satisfied that giving the notice could prejudice the security, defence or international relations of Australia, or Australian law enforcement operations. The Minister must consider whether to revoke such a determination:
 (a) no later than 6 months after making it; and
 (b) at least every 6 months thereafter until 5 years have passed since the determination was made.

Minister's power to rescind notice and exempt person
 (8) Subsections (9) to (14) apply only if a person has ceased to be a citizen under this section.
 (9) At any time after a person has ceased to be a citizen under this section, the Minister may make a determination to:
 (a) rescind any notice given under subsection (5) in respect of the person; and
 (b) exempt the person from the effect of this section in relation to the matters that were the basis for the notice, or in relation to matters that would have been the basis for giving a notice in respect of the person under paragraph (5)(a), but for the operation of subsection (7).
 (10) The Minister does not have a duty to consider whether to exercise the power under subsection (9) in respect of any person, whether the Minister is requested to do so by the person who has ceased to be a citizen under this section, or by any other person, or in any other circumstances.
 (11) To avoid doubt, in deciding whether to consider exercising the power in subsection (9), the Minister is not required to have regard to any of the matters referred to in subsection (12).
 (12) If the Minister decides to consider whether to exercise the power in subsection (9), then, in that consideration, the Minister must have regard to the following:
 (a) the severity of the matters that were the basis for any notice given in respect of the person under subsection (5), or of matters that would have been the basis for giving a notice in respect of the person under paragraph (5)(a), but for the operation of subsection (7);
 (b) the degree of threat posed by the person to the Australian community;
 (c) the age of the person;
 (d) if the person is aged under 18—the best interests of the child as a primary consideration;
 (e) whether the person is being or is likely to be prosecuted in relation to matters referred to in paragraph (a);
 (f) 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