Document ID: chunk:federal_register_of_legislation:C2020A00088:clause:1_17:p1
Version: federal_register_of_legislation:C2020A00088
Segment Type: clause
Provision Reference: sch 1 cl 17 (pt 1/2)
Character Range: 32533–35260

17  Citizenship that ceased under section 33AA or 35 of Act as in force before commencement
(1) At commencement, the Minister is taken to have made a determination (a designated non‑citizen determination) under subsection 36B(1) of the amended Act in relation to a designated non‑citizen. The designated non‑citizen determination relates to the conduct for which the person is a designated non‑citizen.
(2) After commencement, the amended Act applies as if the designated non‑citizen determination had been made under subsection 36B(1) of the amended Act.
(3) If the Minister gave, or made reasonable attempts to give, the person a cessation notice in relation to the conduct to which the designated non‑citizen determination relates:
 (a) the cessation notice:
 (i) is taken to have been given under section 36F of the amended Act; and
 (ii) 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
 (b) the person cannot apply under section 36H of the amended Act to have the designated non‑citizen determination revoked.
(4) A no‑notice determination continues in force after commencement despite the amendments made by this Schedule, as if the no‑notice determination had been made under subsection 36G(1) of the amended Act at the time it was made under the Act as in force before commencement.
Note: Among other things, this means that the 5 year period in which the Minister must consider whether to revoke the determination at least every 90 days continues until the end of the 5 years rather than re‑starting at commencement. The Minister may also decide to extend the determination under subsection 36G(4) of the amended Act.
(5) For a person who is a designated non‑citizen:
 (a) 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
 (b) 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.
(6) To avoid doubt, at commencement, the Act as in force immediately before commencement ceases to apply in relation to anything to which the amended Act applies in accordance with subitems (1) to (5).
(7) The operation of section 33AA of the Act before commencement in relation to conduct engaged in by a person is to be disregarded for all purposes if, before commencement, the Minister:
 (a) 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