Document ID: chunk:federal_register_of_legislation:C2015A00166:clause:1_33aa:p1
Version: federal_register_of_legislation:C2015A00166
Segment Type: clause
Provision Reference: sch 1 cl 33AA (pt 1/4)
Character Range: 2741–5533

33AA  Renunciation by conduct

Renunciation and cessation of citizenship
 (1) Subject to this section, a person aged 14 or older who is a national or citizen of a country other than Australia renounces their Australian citizenship if the person acts inconsistently with their allegiance to Australia by engaging in conduct specified in subsection (2).
Note 1: The Minister may, in writing, exempt the person from the effect of this section in relation to certain matters: see subsection (14).
Note 2: This section does not apply to conduct of Australian law enforcement or intelligence bodies, or to conduct in the course of certain duties to the Commonwealth: see section 35AB.
 (2) Subject to subsections (3) to (5), subsection (1) applies to the following conduct:
 (a) engaging in international terrorist activities using explosive or lethal devices;
 (b) engaging in a terrorist act;
 (c) providing or receiving training connected with preparation for, engagement in, or assistance in a terrorist act;
 (d) directing the activities of a terrorist organisation;
 (e) recruiting for a terrorist organisation;
 (f) financing terrorism;
 (g) financing a terrorist;
 (h) engaging in foreign incursions and recruitment.
 (3) Subsection (1) applies to conduct specified in any of paragraphs (2)(a) to (h) only if the conduct is engaged in:
 (a) with the intention of advancing a political, religious or ideological cause; and
 (b) with the intention of:
 (i) coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or
 (ii) intimidating the public or a section of the public.
 (4) A person is taken to have engaged in conduct with an intention referred to in subsection (3) if, when the person engaged in the conduct, the person was:
 (a) a member of a declared terrorist organisation (see section 35AA); or
 (b) acting on instruction of, or in cooperation with, a declared terrorist organisation.
 (5) To avoid doubt, subsection (4) does not prevent the proof or establishment, by other means, that a person engaged in conduct with an intention referred to in subsection (3).
 (6) Words and expressions used in paragraphs (2)(a) to (h) have the same meanings as in Subdivision A of Division 72, sections 101.1, 101.2, 102.2, 102.4, 103.1 and 103.2 and Division 119 of the Criminal Code, respectively. However (to avoid doubt) this does not include the fault elements that apply under the Criminal Code in relation to those provisions of the Criminal Code.
 (7) This section does not apply in relation to conduct by a person unless:
 (a) the person was not in Australia when the person engaged in the conduct; or
 (b) the person left Australia after engaging in the conduct and,