Julian Leeser (Berowra, Liberal Party) Share this | Hansard source

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the committee's advisory report, incorporating a dissenting report, on the Australian Citizenship Amendment (Citizenship Cessation) Bill 2019.

Report made a parliamentary paper in accordance with standing order 39(e).

by leave—I am pleased to present the Parliamentary Joint Committee on Intelligence and Security's advisory report on the Australian Citizenship Amendment (Citizenship Cessation) Bill 2019. This vital reform will be undertaken through the bill, which the committee reviewed in tandem with the statutory review.

When introducing the bill, the Minister for Home Affairs, the Hon. Peter Dutton, said:

The Australian Citizenship Amendment (Citizenship Cessation) Bill 2019 continues the coalition government's effort to address the threat of terrorism and to deliver on our commitment to keep the Australian community safe. It's central reform and it provides for ministerial decision-making with respect to the cessation of Australian citizenship, replacing the current automatic operation of law provisions. Under this model, the Minister for Home Affairs can cease a person's Australian citizenship 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.

The committee welcomes the introduction of the ministerial decision-making model and the associated increase in the opportunity for persons affected by citizenship cessation provisions to seek judicial review and, in relation to an ASIO-qualified security assessment, merits review. The committee has recommended that the bill be passed and has made a series of recommendations to amend the bill and explanatory memorandum, which provides for further safeguards. These recommendations are: (1) the explanatory memorandum clarify that the proposed section 36B of the bill require the minister to be reasonably satisfied of the matters listed proposed in subsection 36B(1); (2) the explanatory memorandum of the bill clarify that under the proposed section 36E(2) of the bill the minister must take into account the following matters—the likely effects of citizenship cessation on any dependants of the person whose citizenship the minister is proposing to cancel, a person's connection to Australia, and conduct that would be captured by chapter 8 of the Criminal Code; and (3) a requirement for the PJCIS to commence a review of the bill's functioning three years after the bill's assent. Following the implementation of these recommendations, the committee recommends that the bill be passed.

These recommendations are the result of the committee's comprehensive analysis of the bill and are reflective of the seriousness with which both sides of parliament approach citizenship cessation. Citizenship cessation is effectively a form of modern exile, and the committee has ensured that any decision to remove a dual national's Australian citizenship is undertaken with care and with regard to all relevant factors in each individual's case. Some people may ask why this power is necessary. It's true that this is a tough bill, but it's also a necessary bill. If a dual national Australian citizen plans and acts to harm, maim and kill their fellow citizens through acts of terror then we must be prepared to impose costs for such behaviour. The offences for which a dual citizen may lose their citizenship include terrorist activities using explosive or lethal devices, treason, sabotage, espionage, foreign interference and offences associated with the planning, preparation and carrying out of terrorism. The lowest penalty for these offences is 10 years imprisonment, with most attracting imprisonment of 25 years to life.

Those who choose the dark path of terrorism reject the gift and responsibilities of Australian citizenship. In answer to this behaviour, the Australian people, through this parliament, provide the ultimate sanction in stripping them of their Australian citizenship. We are a liberal society founded on the values of freedom and community. These are protected and upheld by the law. If some people are so hateful of these things that they use terror and violence to destroy them, then we want no part of them. The Australian people have standards for membership of the community, and this bill upholds those standards when challenged by extremist and violent behaviour. I commend the report to the House.

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