Peter Dutton (Dickson, Liberal Party, Minister for Home Affairs) Share this | Hansard source

I want to say thank you to all of the members who have contributed to the debate on the Australian Citizenship Amendment (Citizenship Cessation) Bill 2019. The Australian Citizenship Amendment (Citizenship Cessation) Bill 2019 continues the government's efforts to address the very real threat of terrorism and delivers on our commitment to keep the Australian community safe.

The bill's central reform is the replacement of the current operation-of-law provision for citizenship cessation with a ministerial decision-making arrangement. This is a key recommendation of the Independent National Security Legislation Monitor following his review of the current citizenship loss provisions. In his report, the INSLM states:

The notion of allegiance by citizens to Australia is thought by some to be outdated; however, there can be no doubt of its current legal relevance in international law, the law of Australia and the laws of other countries …

In recognising the importance of laws to cease a person's citizenship, the INSLM recommended that sections 33AA and 35 be replaced with a ministerial decision-making model. Under this model, the Minister for Home Affairs can determine that a person ceases to be an Australian citizen if satisfied that their conduct demonstrates a repudiation of their allegiance to Australia and that it is not in the public interest for the person to remain an Australian citizen.

Importantly, the bill provides that the minister cannot seize a person's citizenship if it would result in the person not being a citizen or national of any other country. The provisions of the bill will apply to dual citizens who engage in specified terrorism related conduct, who fight for or are in service of a specified terrorist organisation overseas, or who have been convicted of specified terrorism related offences and sentenced to a period or periods of imprisonment totalling at least three years.

I would like to say thank you again to the Parliamentary Joint Committee on Intelligence and Security for its work on this bill through its inquiry and recommendations. The committee's advisory report on the bill made three substantive recommendations. Specifically, the committee recommended that the Intelligence Services Act 2001 be amended to require the committee to commence a further review of the provisions in this bill in three years time. The committee also recommended that the explanatory memorandum clarify that the minister must be reasonably satisfied of the matters proposed in section 36B(1) of the bill—that is, the minister must be satisfied that the person is engaged in terrorism related conduct, which is a repudiation of their allegiance to Australia, and that it would be contrary to the public interest for the person to remain an Australian citizen. The committee also recommended that the EM clarify matters which must be taken into account in making or revoking citizenship cessation determinations. The government supports the committee's recommendations, and I'll shortly be moving an amendment to implement the committee's recommendation for a further review. I table an addendum to the explanatory memorandum, which provides additional clarifying material in response to the first and second recommendations of the PJCIS as well as advice of the Senate Standing Committee for the Scrutiny of Bills.

The amendments in the bill build on, adapt and modernise the terrorism-related citizenship cessation provisions. They strengthen Australia's ability to respond to increasingly complex national security challenges. The amendments, further, establish citizenship cessation to be considered alongside other measures including control orders, prosecution, temporary exclusion orders, the Commonwealth high-risk terrorist offenders scheme and countering violent extremism programs. That can be applied appropriately and proportionately to keep our communities safe.

The overarching purpose of the bill remains the same as when citizenship cessation provisions for terrorism conduct were first passed into law in 2015. The parliament recognised then, as it does now, that Australian citizenship is a common bond involving reciprocal rights and obligations. Citizens may, through certain conduct incompatible with the shared values of the Australian community, sever that bond and repudiate their allegiance to Australia. A citizen's duty of allegiance to Australia is not created by the Australian Citizenship Act 2007 but it is recognised by it, and this bill reinforces that obligation. The Australian Citizenship Amendment (Citizenship Cessation) Bill 2019 continues the Morrison government's work to protect Australians and our way of life and to keep our communities safe. The bill deserves the support of all members and I commend the bill to the House.

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