Senate

Supplmentary Explanatory Memorandum relating to sheet JC578

(Circulated by authority of the Attorney General, the Hon. Christian Porter MP)

Outline

These government amendments in Schedule 10 of the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 (the Bill) amend the Australian Citizenship Act 2007 (the Citizenship Act) to strengthen the citizenship loss provisions inserted by the Australian Citizenship Amendment (Allegiance to Australia) Act 2015.

Specifically, the government amendments in Schedule 10:

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remove the requirement that a person be sentenced to 6 or more years of imprisonment, if convicted of a terrorism offence; and

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adjust the threshold for determining dual citizenship, from the current requirement that the person is a national or citizen of a country other than Australia at the time when the Minister makes the determination that a person ceases to be an Australian citizen, and replace it with a requirement that the Minister is satisfied the person will not become a person who is not a national or citizen of any country.

The government amendments in Schedule 10 modernise one of the important counter-terrorism tools available to protect the Australian community, ensuring that it continues to be effective in an evolving threat environment.

Financial Impact Statement

These amendments will have a no financial impact.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

A Statement of Compatibility with Human Rights has been completed in relation to the government amendments in this Bill and assesses that the amendments are compatible with Australia's human rights obligations. A copy of the Statement of Compatibility with Human Rights is at Attachment A .