Senate debates

Wednesday, 2 December 2015

Bills

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

12:42 pm

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

I thank the Attorney for his response but it nevertheless remains the case that, upon renunciation of citizenship, certain other consequences, I would presume, would flow, such as, for example, removal from the electoral roll, should that person be on the electoral roll, or the cancellation of a passport. Could the Attorney please take the Senate through how those subsequent machinery actions, if you like, will be applied by the various agencies that are responsible for those matters? Specifically, Attorney, I absolutely accept, under the terms of this legislation, that citizenship is renounced by conduct. That is clear in section 33AA, but is it not the case that, unless the government knows about the conduct that is relevant and which breaches the criteria established in section 33AA, then all of the subsequent effects that would ordinarily be given to a renunciation of citizenship would not occur if the government does not know that the action has been taken—that is, the action that breaches the criteria set out in section 33AA? Is it not the case, if the government does not know that an Australian citizen has breached the criteria established in section 33AA, notwithstanding the fact that technically their citizenship has been renounced by that action in terms of the provision of this legislation, that a person could still return to Australia with an Australian passport and could still vote in elections in Australia because the government has simply not become aware that the action that breaches the criteria established in section 33AA has occurred?

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