Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in the Hansard.

Leave granted.

The speech read as follows—

The Australian Citizenship Act 2007 recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia.

The idea that an individual, through their own conduct, can sever their connection to the Australian body politic has been enshrined in the Australia's citizenship laws for over 70 years, since the commencement of the Australian Citizenship Act 1948. Since then, the Australian Citizenship Act has provided for Australian citizenship to be ceased as a consequence of particular conduct considered to be so egregious that it is a fundamental repudiation of a citizen's responsibilities to the State.

In 2015, terrorism was specified as a basis for citizenship cessation for the first time through the Australian Citizenship Amendment (Allegiance to Australia) Act 2015. The Citizenship Act was subsequently amended through the Australian Citizenship Amendment (Citizenship Cessation) Act 2020, moving from the 'operation of law' model established in 2015, to establish a new framework with discretionary powers of the Minister to cease a dual citizen's Australian citizenship for engaging in specified terrorism-related conduct or on being convicted and sentenced for terrorism and other specified serious offences.

In June 2022, the High Court ruled invalid part of the terrorism-related citizenship cessation regime. The Court ruled in Alexander that s 36B of the Citizenship Act was not valid as it 'reposed in the Minister the exclusively judicial function of punishing criminal guilt'.

In November this year, the High Court examined the provisions in s 36D in the case of Benbrika. The Court ruled that s 36D was also invalid.

The High Court's decisions in these cases provide an opportunity to refine the citizenship cessation regime. In a contemporary setting, it is appropriate that consideration be given to the types of serious criminal offences which amount to repudiation of allegiance to Australia.

As such, today the Government introduces the Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023. The Billwould repeal the invalid provisions and establish a citizenship cessation regime that appropriately addresses the outcomes of the High Court's decisions in Alexander and Benbrika.

The Bill provides an appropriate mechanism to deal with dual Australian citizens who have committed crimes that are so serious and significant that they demonstrates the repudiation of their allegiance to Australia. The Bill promotes the value and integrity of Australian citizenship and the ongoing commitment to Australia and its shared values, while also contributing to the protection of the Australian community.

Under the Bill, the power to make a citizenship cessation order is vested in the courts and is an appropriate exercise of judicial, rather than Executive power.

Having regard to the High Court's decisions in Alexander and Benbrika, the Bill provides that where a person has been convicted of a specified offence or offences and the court has decided to sentence the person to a term or terms of imprisonment for those serious offences totalling at least 3 years, the court may order as part of the sentence that the person ceases to be an Australian citizen. The offences include:

To make a citizenship cessation order, the court must be satisfied the person is aged 14 years or older and is an Australian citizen, and that the conduct to which the conviction or convictions relate is so serious and significant that it demonstrates that they have repudiated their allegiance to Australia. The Bill outlines a range of factors that the court must have regard to in deciding whether to make the order. While the court must have regard to these factors, they are not mandated prerequisites to the making of a citizenship cessation order, and not all factors need to be present in each circumstance for an order to be made by the court.

Cessation of an individual's Australian citizenship is a serious step reserved for a narrow cohort of individuals. As such, the Bill includes appropriate safeguards.

The court can only make a citizenship cessation order if the Minister for Home Affairs makes an application for the order. The application may be made before or after the person is convicted of one or more serious offences but must be made before the person is sentenced.

The Minister must give the person written notice of the application as soon as practicable after the application is made.

The court must not make the order if the court is satisfied that the person would, if the order is made, become a person who is not a national or citizen of any country.

The Bill also includes provisions ensuring that the citizenship status of a person is clear where a decision of a court has overturned or quashed the order.

The Government understands the complexities of this significant legislation and is committed to a robust and workable regime. Laws that fail in the courts do not make the country safer or Australian values more protected. In that vein, the Bill also includes provisions for both independent and parliamentary committee review of the provisions within an appropriate time.

Citizenship is available to those who make Australia their home and who are prepared to commit to our nation and to our common future.

Citizenship represents a full and formal membership of the Australian community. It involves reciprocal rights and obligations. It is something to be treasured and not taken lightly.

This is why the Government is committed to a citizenship cessation regime—to uphold the integrity of Australian citizenship and to provide an appropriate response to criminal conduct which constitutes repudiation of a person's allegiance to our great nation.

I commend this bill to the Chamber.

I seek leave to continue my remarks later.

Leave granted.