The Parliamentary Joint Committee on Intelligence and Security has
today presented its bipartisan report on the Australian Citizenship Amendment
(Allegiance to Australia) Bill 2015. The Bill would allow Australian
citizenship to be stripped from dual nationals who, in repudiation of their
allegiance to Australia, engage in terrorism-related conduct.
The Committee has made a number of recommendations and subject to
these recommendations supports passage of the Bill through the Parliament.
The recommendations narrow the scope of the Bill to improve
safeguards, oversight and accountability mechanisms. Recommendations include:
- That retrospectivity of the proposed s35A be limited to people sentenced to more than 10 years imprisonment for terrorism offences, within the last decade
- That the rights of the child be used as the primary determinant when considering cancellation under s35A for those under 18 years old
- That the rules of natural justice should apply to the Minister's discretion under s35A
- That the Minister be given the power to annul a revocation decision, if the relevant convictions is later overturned on appeal or quashed, and the person's citizenship be taken to have never been lost
- That the list of offences that could trigger cancellation be limited and not include damaging or destroying Commonwealth property, a number of offences with penalties of less than 10 years or some that have never been used
- That the provision of neutral or independent humanitarian assistance, unintentional acts or acts carried out under duress not be considered to have been undertaken in the service of a declared terrorist organisation
- That no part of the Bill applies to a child aged less than 10 years old
- That s35AA & 35 does not apply to the conduct of a child aged under 14 years of age
- That the Government be required to report publicly every 6 months on the number of times a notice for loss or revocation of citizenship has been issued and provide a brief statement of reasons.
- That the Minister advise the Parliamentary Joint Committee on Intelligence and Security on issuing a notice for loss of citizenship and brief the Committee within 20 days of its issue
- That another review of this Bill be conducted by 1 December 2019.
