Document ID: chunk:federal_register_of_legislation:C2015A00166:clause:1_33aa:p3
Version: federal_register_of_legislation:C2015A00166
Segment Type: clause
Provision Reference: sch 1 cl 33AA (pt 3/4)
Character Range: 7763–10361

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 in relation to the matters that were the basis for the notice, or in relation to matters that would have been the basis for giving a notice in respect of the person under paragraph (10)(a), but for the operation of subsection (12).
 (15) The Minister does not have a duty to consider whether to exercise the power under subsection (14) in respect of any person, whether the Minister is requested to do so by the person who has renounced his or her citizenship under this section, or by any other person, or in any other circumstances.
 (16) To avoid doubt, in deciding whether to consider exercising the power in subsection (14), the Minister is not required to have regard to any of the matters referred to in subsection (17).
 (17) If the Minister decides to consider whether to exercise the power in subsection (14), then, in that consideration, the Minister must have regard to the following:
 (a) the severity of the matters that were the basis for any notice given in respect of the person under subsection (10), or of matters that would have been the basis for giving a notice in respect of the person under paragraph (10)(a), but for the operation of subsection (12);
 (b) the degree of threat posed by the person to the Australian community;
 (c) the age of the person;
 (d) if the person is aged under 18—the best interests of the child as a primary consideration;
 (e) whether the person is being or is likely to be prosecuted in relation to matters referred to in paragraph (a);
 (f) 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;
 (g) Australia's international relations;
 (h) any other matters of public interest.
 (18) If the Minister makes a determination under subsection (14), the Minister must cause to be laid before each House of the Parliament, within 15 sitting days of that House after the Minister makes the determination, a statement that:
 (a) sets out the determination; and
 (b) sets out the reasons for the determination, referring in particular to the Minister's reasons in relation to the matters set out in subsection (17).
 (19) If the Minister thinks that it would not be in the public interest to publish the name of the person or of any other person connected in any way with the matter concerned, the