Document ID: chunk:federal_register_of_legislation:C2024C00431:section:38
Version: federal_register_of_legislation:C2024C00431
Segment Type: section
Provision Reference: s 38
Character Range: 113757–115011

38  Surrender of evidentiary notice

Request for surrender
 (1) If:
 (a) the Minister makes a decision under section 34 or 34A to revoke a person's Australian citizenship; and
 (b) at the time of the revocation, there is in force a notice under section 37 in relation to the person;
the Minister may request the person to surrender the notice to the Minister.
 (2) If the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37, the Minister may request the person to surrender the notice to the Minister.

Form of request
 (3) A request given to a person under subsection (1) or (2) must:
 (a) be made in writing; and
 (b) specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and
 (c) specify how the person is to surrender the notice to the Minister; and
 (d) contain a statement to the effect that a failure to comply with the request is an offence.

Offence
 (4) A person commits an offence if:
 (a) the person is given a request that is in accordance with this section; and
 (b) the person fails to comply with the request.
Penalty for contravention of this subsection: 10 penalty units.