The Parliamentary Joint Committee on Intelligence and Security tabled its advisory report on the amendments made by the Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023.

Media release issue date: Thursday, 21 March 2024

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) today tabled its Advisory report on the amendments made by the Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023. This report also incorporates reporting on a review of Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007 (citizenship cessation determinations) as required by the Intelligence Services Act 2001, as well as certain amendments circulated in the Senate. The Act amended the Citizenship Act to repeal the invalid provisions and establish a revised citizenship cessation regime. Under the new regime, the Minister can make an application to request that a court exercise its power to make an order to cease a dual citizen’s Australian citizenship, where the person has been convicted of a serious offence or offences. The Act passed into law on 8 December 2023 and at the time of this report, the provisions for a court to impose citizenship cessation as part of a sentence for certain offences had not yet been used. The Committee’s unanimous report supported the Act on the basis that, with the power to cease citizenship sitting with a court, such measures will only be taken in exceptional circumstances and found that that the Act has addressed the primary grounds under which previous provisions regarding citizenship cessation have been found to be unconstitutional. Although the Committee considers the safeguards in the Act for children as generally robust, it recommended that future consideration of amendments should consider if the scheme should continue to operate in relation to persons above 14 and below 18 only in exceptional circumstances, and of any practice issues that may arise about a person’s ability to exercise the rights connected to their citizenship of another country. In addition, the Committee has requested that it be provided with written or oral briefings on the use of the citizenship cessation powers if it considers it necessary. Mr Peter Khalil MP, Chair of the PJCIS, said “These amendments to the Citizenship Act create a comprehensive regime where dual citizens who commit serious offences can expect to lose their citizenship. The Act restores an important power and underlines the Government’s focus on keeping Australians safe via comprehensive and constitutional national security laws.” Further information on the inquiry can be obtained from the Committee’s website. Media inquiries Chair Mr Peter Khalil MP, via Lachlan Hinds 0455 999 677 lachlan.t.hinds@aph.gov.au For background information Committee Secretariat, Parliamentary Joint Committee on Intelligence and Security (02) 6277 2360 pjcis@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track this Committee’ button in the bottom right hand corner of the page.

The Parliamentary Joint Committee on Intelligence and Security will hear evidence from a range of expert witnesses for the review of the amendments made by the Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023.

Media release issue date: Friday, 16 February 2024

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) will hear evidence next Monday from a range of expert witnesses for the review of the amendments made by the Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023. The Committee will hear from a range of witnesses, including the Australian Human Rights Commission, the Law Council of Australia and a roundtable of expert academics including Associate Professor Rayner Twaites, Professor George Williams, Professor Kim Rubenstein, the Peter McMullin Centre on Statelessness, and Professor Emerita Helen Irving. The Committee will also hear from key government agencies: the Department of Home Affairs and the Australian Federal Police. PJCIS Chair Mr Peter Khalil MP, said “The Citizenship Repudiation Act is an important pillar in Australia’s national security landscape that was swiftly put in place by Parliament following the decisions of the High Court. The Citizenship Repudiation Act repealed and replaced the relevant provisions to now provide that the Minister may make an application to a court to make a citizenship cessation order in certain circumstances, as part of sentencing on conviction of a person for certain serious offences.” “The Committee has received a number of submissions regarding the operation, effectiveness and implications of the recently enacted legislation as well as the proposed Senate amendments. The public hearing will allow the Committee to hear from expert witnesses regarding the implications of the legislation. The PJCIS will then test this evidence with Government officials from the Department of Home Affairs and the Australian Federal Police.” Mr Khalil said. Further information on the inquiry can be obtained from the Committee’s website. Public hearing details Monday, 19 February 2024 10.30AM – 3:45PM (AEDT) Committee Room 2R1, Parliament House, Canberra A program for the hearing can be found here and the hearing will be broadcast live at aph.gov.au/live. Media inquiries Chair Mr Peter Khalil MP, via Lachlan Hinds 0455 999 677 lachlan.t.hinds@aph.gov.au For background information Committee Secretariat, Parliamentary Joint Committee on Intelligence and Security, (02) 6277 2360 or pjcis@aph.gov.au. For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track this Committee’ button in the bottom right hand corner of the page.

In response to a Senate Resolution the PJCIS has commenced an inquiry into the operation, effectiveness and implications of new provisions in the Australian Citizenship Act 2007, implemented by the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023.

Media release issue date: Tuesday, 12 December 2023

In response to a Senate Resolution of 4 December 2023 the Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced an inquiry into the operation, effectiveness and implications of new provisions in the Australian Citizenship Act 2007 (Citizenship Act), implemented by the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 (Citizenship Repudiation Act). The Citizenship Repudiation Act was passed by Parliament on 6 December 2023, following High Court decisions which determined that the citizenship cessation regime previously set out in Subdivision C of Division 3 of Part 2 of the Citizenship Act was unconstitutional. The Citizenship Repudiation Act repealed and replaced the relevant provisions to now provide that the Minister may make an application to a court to make a citizenship cessation order in certain circumstances, as part of sentencing on conviction of a person for certain serious offences. On receiving such an application, the court may, as part of sentencing the person to a period or periods of imprisonment, also order that they cease to be an Australian citizen. At the direction of the Senate, the Committee will also consider amendments proposed in the Senate which did not pass and do not form part of the final Act. These amendments are available on the Committee’s website. Mr Peter Khalil MP, Chair of the PJCIS, said “This review will provide a valuable opportunity to consider the new citizenship repudiation law that needed to be very rapidly put in place by Parliament following the decisions of the High Court. The review provides the opportunity to examine the operation, effectiveness and implications of the new citizenship repudiation regime, as well as amendments that were proposed during the Senate’s consideration of it. “The Committee will carefully consider the new law and looks forward to receiving the views of interested people and organisations on it,” Mr Khalil added. The Committee has combined this review with its current review of Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007 and will report on both reviews together. The Committee requests submissions to the inquiry by Thursday 8 February 2024. Any submissions made to the Committee’s statutory Review of Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007 will be taken as a submission to this inquiry. Further information on the inquiry can be obtained from the Committee’s website. Media inquiries Chair Mr Peter Khalil MP, via Lachlan Hinds 0455 999 677 lachlan.t.hinds@aph.gov.au For background information Committee Secretariat, Parliamentary Joint Committee on Intelligence and Security (02) 6277 2360 pjcis@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track this Committee’ button in the bottom right hand corner of the page.