Document ID: chunk:federal_register_of_legislation:C2020A00088:clause:1_36g
Version: federal_register_of_legislation:C2020A00088
Segment Type: clause
Provision Reference: sch 1 cl 36G
Character Range: 18392–20129

36G  Determination that notice of citizenship cessation should not be given
 (1) The Minister may determine in writing that a notice under paragraph 36F(1)(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.
 (2) The Minister must consider whether to revoke the determination at least every 90 days after making it.
 (3) If the Minister does not revoke the determination within 5 years of making it, the determination is taken to be revoked at the end of the 5 years unless the Minister extends the determination under subsection (4).
 (4) If, before the determination is taken to be revoked under subsection (3), the Minister remains satisfied that giving the notice could prejudice the security, defence or international relations of Australia, or Australian law enforcement operations, the Minister may extend the determination for 1 year by making a determination in writing to that effect.
 (5) If the Minister extends the determination for 1 year under subsection (4):
 (a) the Minister must consider whether to revoke the determination at least every 90 days after extending it; and
 (b) the determination is taken to be revoked at the end of that year.
 (6) The powers of the Minister under this section may only be exercised by the Minister personally.
 (7) Section 47 (notification of decisions) does not apply to a decision of the Minister under this section.
 (8) The rules of natural justice do not apply in relation to making a decision or exercising a power under this section.
 (9) A determination made under subsection (1) or (4) is not a legislative instrument.