Document ID: chunk:federal_register_of_legislation:C2015A00166:clause:1_35a:p1
Version: federal_register_of_legislation:C2015A00166
Segment Type: clause
Provision Reference: sch 1 cl 35A (pt 1/3)
Character Range: 22632–25266

35A  Conviction for terrorism offences and certain other offences

Cessation of citizenship on determination by Minister
 (1) The Minister may determine in writing that a person ceases to be an Australian citizen if:
 (a) the person has been convicted of an offence against, or offences against, one or more of the following:
 (i) a provision of Subdivision A of Division 72 of the Criminal Code;
 (ii) a provision of section 80.1, 80.1AA or 91.1 of the Criminal Code;
 (iii) a provision of Part 5.3 of the Criminal Code (except section 102.8 or Division 104 or 105);
 (iv) a provision of Part 5.5 of the Criminal Code;
 (v) section 24AA or 24AB of the Crimes Act 1914;
 (vi) section 6 or 7 of the repealed Crimes (Foreign Incursions and Recruitment) Act 1978; and
 (b) the person has, in respect of the conviction or convictions, been sentenced to a period of imprisonment of at least 6 years, or to periods of imprisonment that total at least 6 years; and
 (c) the person is a national or citizen of a country other than Australia at the time when the Minister makes the determination; and
 (d) the Minister is satisfied that the conduct of the person to which the conviction or convictions relate demonstrates that the person has repudiated their allegiance to Australia; and
 (e) having regard to the following factors, the Minister is satisfied that it is not in the public interest for the person to remain an Australian citizen:
 (i) the severity of the conduct that was the basis of the conviction or convictions and the sentence or sentences;
 (ii) the degree of threat posed by the person to the Australian community;
 (iii) the age of the person;
 (iv) if the person is aged under 18—the best interests of the child as a primary consideration;
 (v) 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;
 (vi) Australia's international relations; and
 (vii) any other matters of public interest.
Note: A person may seek review of a determination made under this subsection 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.
 (2) The person ceases to be an Australian citizen at the time when the determination is made.
 (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 purpose of paragraph (1)(b):
 (a) the reference to being sentenced to