Senate debates

Wednesday, 2 December 2015

Bills

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

7:02 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Yes, Senator McKim, and that is provided for by subsection (24)(a) of section 33AA, which provides that the citizenship is deemed never to have been lost if there is a successful review. So if there is a successful review, the status quo ante is entirely restored. One other small technical point: it would not be an injunction against the issuance of the notice because the notice in these circumstances, on your hypothesis, would already have issued. It would be a declaration as to the nonexistence of the basis for the issue of the notice and an injunction to restrain other Commonwealth authorities—for example, the Australian Electoral Commissioner—from giving effect to the notice.

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