25 September 2023

Monitor to review citizenship rules

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The Independent National Security Legislation Monitor (INSLM) has been asked to examine the Australian Citizenship Act to review its terrorism-related loss of citizenship provisions.

The Monitor, James Renwick (pictured) said the review which would look at the operation, effectiveness and implications of the Act had been referred to him by Attorney-General, Christian Porter.

Dr Renwick said the referral concerned the Act’s Sections 33AA (renunciation by conduct); 35 (service outside Australia in armed forces of an enemy country or a declared terrorist organisation); 35A (conviction for terrorism offences and certain other offences); and 35AA (declared terrorism organisation).

“The Parliamentary Joint Committee on Intelligence and Security (PJCIS) is to undertake and report on its own review of these provisions by 1 December,” Dr Renwick said.

“The INSLM is requested to report by 15 August so that the report is available in time to assist the work of the PJCIS.”

He said the INSLM had the benefit of previous reports by the first INSLM and the PJCIS on these topics.

He said work on the review had begun, with the closing dates for public submissions by Commonwealth Agencies 7 June, and for the public, 14 June.

Dr Renwick said a public hearing would be held in Canberra on 28 June.

The INSLM independently reviews the operation, effectiveness and implications of national security and counter-terrorism laws.

He considers whether the laws contain appropriate protections for individual rights, that they remain proportionate to terrorism or national security threats, and that they remain necessary.

There have been three INSLMs since the role began in 2010 — Bret Walker, Roger Gyles, and Dr Renwick.

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