Document ID: chunk:federal_register_of_legislation:C2020A00088:clause:1_36e
Version: federal_register_of_legislation:C2020A00088
Segment Type: clause
Provision Reference: sch 1 cl 36E
Character Range: 13688–15229

36E  Public interest in making or revoking citizenship cessation determinations
 (1) This section applies when the Minister is considering the public interest for the purposes of deciding whether to make a determination under subsection 36B(1) or 36D(1), or whether to revoke such a determination.
Note:  See paragraphs 36B(1)(c), 36D(1)(d) and 36H(3)(b) and subsection 36J(1).
 (2) The Minister must have regard to the following matters:
 (a) in deciding whether to make a determination under subsection 36B(1) or revoke such a determination—the severity of the conduct to which the determination relates;
 (b) in deciding whether to make a determination under subsection 36D(1) or revoke such a determination—the severity of the conduct that was the basis of the conviction or convictions, and the sentence or sentences, to which the determination relates;
 (c) the degree of threat posed by the person to the Australian community;
 (d) the age of the person;
 (e) if the person is aged under 18—the best interests of the child as a primary consideration;
 (f) in deciding whether to make a determination under subsection 36B(1) or revoke such a determination—whether the person is being or is likely to be prosecuted in relation to conduct to which the determination relates;
 (g) the person's connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person;
 (h) Australia's international relations;
 (i) any other matters of public interest.