Document ID: chunk:federal_register_of_legislation:C2024C00431:section:36c:p1
Version: federal_register_of_legislation:C2024C00431
Segment Type: section
Provision Reference: s 36C (pt 1/3)
Character Range: 105337–107995

36C  Citizenship cessation order if person is convicted of serious offence
 (1) If:
 (a) a person is convicted of one or more serious offences; and
 (b) the court has decided to impose on the person, in respect of the conviction or convictions, a period of imprisonment that is at least 3 years or periods of imprisonment that total at least 3 years; and
 (c) before the court imposes the sentence or sentences on the person in respect of the conviction or convictions, the Minister makes an application under subsection 36D(1) for an order to be made under this subsection in relation to the person; and
 (d) the court is satisfied of the matters specified in subsection (4) of this section;
the court may, when imposing such a period or periods of imprisonment on the person in respect of the conviction or convictions, also order at that time as part of the sentence or sentences that the person ceases to be an Australian citizen.
Note: Subsections (5) and (6) set out, without limitation, matters the court must have regard to in deciding whether to make an order under this subsection.
 (2) However, the court must not make an order under subsection (1) in relation to the person if the court is satisfied that the person would, if the court were to make the order, become a person who is not a national or citizen of any country.

Serious offence
 (3) A serious offence is an offence against any of the following provisions:
 (a) a provision of Subdivision A of Division 72 of the Criminal Code (explosives and lethal devices);
 (b) a provision of Subdivision B of Division 80 of the Criminal Code (treason);
 (c) section 83.1 of the Criminal Code (advocating mutiny);
 (d) a provision of Division 91 of the Criminal Code (espionage);
 (e) a provision of Division 92 of the Criminal Code (foreign interference);
 (f) a provision of Part 5.3 of the Criminal Code (terrorism), other than the following provisions:
 (i) section 102.8;
 (ii) Division 104;
 (iii) Division 105;
 (iv) section 105A.7D;
 (v) section 105A.18B;
 (g) a provision of Part 5.5 of the Criminal Code (foreign incursions and recruitment).

Court to be satisfied of certain matters etc.
 (4) For the purposes of paragraph (1)(d), the matters are the following:
 (a) the person is aged 14 or over;
 (b) the person is an Australian citizen;
 (c) the person's conduct to which the conviction or convictions relate is so serious and significant that it demonstrates that the person has repudiated their allegiance to Australia.
 (5) In deciding whether the court is satisfied of the matter referred to in paragraph (4)(c) in relation to the person's conduct, the court must have regard to