Senate debates

Wednesday, 2 December 2015

Bills

Australian Citizenship Amendment (Allegiance to Australia) Bill 2015; In Committee

12:37 pm

Photo of Nick McKimNick McKim (Tasmania, Australian Greens) Share this | Hansard source

We heard during the second reading debate on this legislation assurances given to the Senate to the effect that, under the provisions of this legislation, no-one will lose their citizenship due to untested suspicions or concerns. Attorney, is it the case that no-one will lose their citizenship due to untested suspicions or concerns? Who will be testing suspicions or concerns and what will be the burden of proof? Will the test applied be that someone has breached the criteria set out, specifically renunciation by conduct in section 33AA? So the first question is: who will test any suspicions or concerns? The second question is: what test will that person or those persons apply? Will they be required to satisfy themselves beyond reasonable doubt or to a comfortable satisfaction that the criteria had been breached or will it be on balance of probabilities?

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