Document ID: chunk:federal_register_of_legislation:C2015A00166:clause:1_33aa:p2
Version: federal_register_of_legislation:C2015A00166
Segment Type: clause
Provision Reference: sch 1 cl 33AA (pt 2/4)
Character Range: 5313–7998

(7) This section does not apply in relation to conduct by a person unless:
 (a) the person was not in Australia when the person engaged in the conduct; or
 (b) the person left Australia after engaging in the conduct and, at the time that the person left Australia, the person had not been tried for any offence related to the conduct.
 (8) 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).
 (9) Where a person renounces their Australian citizenship under this section, the renunciation takes effect, and the Australian citizenship of the person ceases, immediately upon the person engaging in the conduct referred to in subsection (2).

Minister to give notice
 (10) 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 (12)—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.
 (11) A notice under paragraph (10)(a) must set out:
 (a) the matters required by section 35B; and
 (b) the person's rights of review.
 (12) The Minister may determine in writing that a notice under paragraph (10)(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 such a 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's power to rescind notice and exempt person
 (13) Subsections (14) to (19) apply only if a person has renounced his or her citizenship under this section.
 (14) At any time after a person has renounced his or her citizenship under this section, the Minister may make a determination to:
 (a) rescind any notice given under subsection (10) in respect of the person; and
 (b) exempt the person from the effect of this section