Document ID: chunk:federal_register_of_legislation:C2015A00166:clause:1_35a:p2
Version: federal_register_of_legislation:C2015A00166
Segment Type: clause
Provision Reference: sch 1 cl 35A (pt 2/3)
Character Range: 25018–27730

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 purpose 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 mentioned in paragraph (1)(a) 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 mentioned in paragraph (1)(a)—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 mentioned in paragraph (1)(a) for the whole of the total period of imprisonment.

Minister to give notice
 (5) If the Minister makes a determination under subsection (1) because of which a person ceases 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 subsection (7) 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.
 (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, defence or international relations of Australia, or Australian law enforcement operations. The Minister must consider whether to revoke the determination:
 (a) no later than 6 months after making it; and
 (b) at least every 6 months thereafter until 5 years have passed since the determination was made.

Minister must revoke determination if conviction overturned
 (8) The Minister must, in writing, revoke a determination made under subsection (1) in relation to a person if:
 (a) a conviction because of which the determination was made is later overturned on appeal, or quashed, by a court; and
 (b) that decision of that court has not been overturned on appeal; and
 (c) no appeal, or further appeal, can be made to a court in relation to that decision.
 (9) If