Document ID: chunk:federal_register_of_legislation:C2024C00431:section:34:p1
Version: federal_register_of_legislation:C2024C00431
Segment Type: section
Provision Reference: s 34 (pt 1/3)
Character Range: 96155–98927

34  Revocation by Minister—offences or fraud

Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement
 (1) The Minister may, by writing, revoke a person's Australian citizenship if:
 (a) the person is an Australian citizen under Subdivision A or AA of Division 2 (including because of the operation of section 32); and
 (b) either of the following apply:
 (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person's application to become an Australian citizen;
 (ii) the person obtained the Minister's approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and
 (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.

Citizenship by conferral
 (2) The Minister may, by writing, revoke a person's Australian citizenship if:
 (a) the person is an Australian citizen under Subdivision B of Division 2 (including because of the operation of section 32); and
 (b) any of the following apply:
 (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person's application to become an Australian citizen;
 (ii) the person has, at any time after making the application to become an Australian citizen, been convicted of a serious offence within the meaning of subsection (5);
 (iii) the person obtained the Minister's approval to become an Australian citizen as a result of migration‑related fraud within the meaning of subsection (6);
 (iv) the person obtained the Minister's approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and
 (c) the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.
 (3) However, the Minister must not decide under subsection (2) to revoke a person's Australian citizenship if:
 (a) the Minister may revoke the person's Australian citizenship under that subsection only because of the application of subparagraph (2)(b)(ii); and
 (b) the Minister is satisfied that the person would, if the Minister were to revoke the person's Australian citizenship, become a person who is not a national or citizen of any country.

Time citizenship ceases
 (4) If the Minister revokes a person's Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.
Note: A child of the person may also cease to be an Australian citizen: see section 36.

Serious offence
 (5) For the purposes of this section, a