Document ID: chunk:federal_register_of_legislation:C2020A00088:clause:1_36d:p2
Version: federal_register_of_legislation:C2020A00088
Segment Type: clause
Provision Reference: sch 1 cl 36D (pt 2/2)
Character Range: 12011–13686

Crimes (Foreign Incursions and Recruitment) Act 1978.
Note: A determination may be made in relation to a conviction for an offence against a provision specified in subsection (5) that occurred before the subsection commenced (see item 19 of Schedule 1 to the Australian Citizenship Amendment (Citizenship Cessation) Act 2020).
 (6) For the purposes of paragraph (1)(b):
 (a) the reference to being sentenced to a period of imprisonment does not include a suspended sentence; and
 (b) if a single sentence of imprisonment is imposed in respect of both an offence against a provision specified in subsection (5) and in respect of one or more other offences, then:
 (i) if it is clear that only a particular part of the total period of imprisonment relates to the offence against the provision specified in subsection (5)—the person is taken to have been sentenced to imprisonment in respect of that offence for that part of the total period of imprisonment; and
 (ii) if subparagraph (i) does not apply—the person is taken to have been sentenced to imprisonment in respect of the offence against the provision specified in subsection (5) for the whole of the total period of imprisonment.

General provisions relating to Minister's powers
 (7) The powers of the Minister under this section may only be exercised by the Minister personally.
 (8) Section 47 (notification of decisions) does not apply to a decision of the Minister under this section (see section 36F instead).
 (9) The rules of natural justice do not apply in relation to making a decision or exercising a power under this section.
 (10) A determination made under subsection (1) is not a legislative instrument.