Document ID: chunk:federal_register_of_legislation:C2015A00166:clause:1_35:p1
Version: federal_register_of_legislation:C2015A00166
Segment Type: clause
Provision Reference: sch 1 cl 35 (pt 1/4)
Character Range: 12380–15040

35  Service outside Australia in armed forces of an enemy country or a declared terrorist organisation

Cessation of citizenship
 (1) A person aged 14 or older ceases to be an Australian citizen if:
 (a) the person is a national or citizen of a country other than Australia; and
 (b) the person:
 (i) serves in the armed forces of a country at war with Australia; or
 (ii) fights for, or is in the service of, a declared terrorist organisation (see section 35AA); and
 (c) the person's service or fighting occurs outside Australia.
Note 1: The Minister may, in writing, exempt the person from the effect of this section in relation to certain matters: see subsection (9).
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) The person ceases to be an Australian citizen at the time the person commences to so serve or fight.
 (3) Subsection (1) applies to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person's birth).
 (4) For the purposes of subparagraph (1)(b)(ii) and without limitation, a person is not in the service of a declared terrorist organisation to the extent that:
 (a) the person's actions are unintentional; or
 (b) the person is acting under duress or force; or
 (c) the person is providing neutral and independent humanitarian assistance.

Minister to give notice
 (5) If the Minister becomes aware of conduct because of which a person has, under this section, ceased to be an Australian citizen, the Minister:
 (a) must give, or make reasonable attempts to give, written notice to that effect to the person:
 (i) as soon as practicable; or
 (ii) if the Minister makes a determination under subsection (7)—as soon as practicable after the Minister revokes the determination (if the Minister does so); and
 (b) may give notice to that effect to such other persons and at such time as the Minister considers appropriate.
Note: A person may seek review of the basis on which a notice under this subsection was given in the High Court of Australia under section 75 of the Constitution, or in the Federal Court of Australia under section 39B of the Judiciary Act 1903.
 (6) A notice under paragraph (5)(a) must set out:
 (a) the matters required by section 35B; and
 (b) the person's rights of review.
 (7) The Minister may determine in writing that a notice under paragraph (5)(a) should not be given to a person if the Minister is satisfied that giving the notice could prejudice the security,