Australian Citizenship Act 2007
Administered by
- Department of Home Affairs
Superseded version
Authorises
In force
IF
F2022L01628 LIN 22/103 Registered: 03/07/2023
N/A
s 5(2)
In force
IF
F2017L01031 IMMI 17/073 Registered: 14/08/2017
N/A
s 35AA
In force
IF
F2015L01071 IMMI 15/063 Registered: 01/07/2015
N/A
s 40(3), (4), 42(3) and (4)
Regulations
s 54
In force
IF
F2022L01723 LIN 22/074 Registered: 21/12/2022
N/A
s 27(5)
In force
IF
F2021L01422 LIN 21/069 Registered: 12/10/2021
N/A
s 22C
In force
IF
F2016L00665Registered: 05/05/2016
N/A
s 35AA
7 total
On 1 November 2023, the High Court handed down its judgment in the matter of Benbrika v Minister for Home Affairs & Anor 2023 HCA 33. A majority of the High Court held that the power purportedly conferred on the Minister by s 36D of the Citizenship Act is indistinguishable from, and has the same purpose as, that purportedly conferred on the Minister by s 36B of the Citizenship Act. Accordingly, s 36D of the Citizenship Act is invalid because it purports to repose in the Minister for Home Affairs the exclusively judicial function of punishing criminal guilt, contrary to Ch III of the Constitution.