Document ID: chunk:federal_register_of_legislation:C2015A00166:clause:1_33aa:p4
Version: federal_register_of_legislation:C2015A00166
Segment Type: clause
Provision Reference: sch 1 cl 33AA (pt 4/4)
Character Range: 10152–12331

set out in subsection (17).
 (19) If the Minister thinks that it would not be in the public interest to publish the name of the person or of any other person connected in any way with the matter concerned, the statement under subsection (18) must not include those names or any information that may identify those persons.

General provisions relating to Minister's powers
 (20) The powers of the Minister under this section may only be exercised by the Minister personally.
 (21) Section 47 applies to a decision by the Minister to make, or not make, a determination under subsection (14), but does not apply to any other decision of the Minister under this section (including any decision whether to consider exercising the power in subsection (14) to make a determination).
 (22) The rules of natural justice apply to a decision by the Minister to make, or not make, a determination under subsection (14), but do not apply to any other decision, or the exercise of any other power, by the Minister under this section (including any decision whether to consider exercising the power in subsection (14) to make a determination).
 (23) An instrument exercising any of the Minister's powers under this section is not a legislative instrument.
 (24) To avoid doubt, a person's citizenship is taken never to have ceased under this section because of particular conduct if:
 (a) 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 or have the requisite intention under subsection (3) of this section; or
 (b) 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 of the conduct; or
 (c) the Minister makes a determination under subsection (14) in relation to the conduct to exempt the person from the effect of this section; or
 (d) a declaration under section 35AA is disallowed by either House of the Parliament, and the person's citizenship would not have ceased under this section if that declaration had not been made.