AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 33 Renunciation by application
AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 33
Renunciation by application(1) A person may make an application to the Minister to renounce the person's Australian citizenship.
Note: Section 46 sets out application requirements (which may include the payment of a fee).
(2) The Minister must, by writing, approve or refuse to approve the person renouncing his or her Australian citizenship.
(3) Subject to this section, the Minister must approve the person renouncing his or her Australian citizenship if the Minister is satisfied that:
(a) the person is aged 18 or over, and is a national or citizen of a foreign country, at the time the person made the application; or
(b) the person was born, or is ordinarily resident, in a foreign country and is not entitled, under the law of that country, to acquire the nationality or citizenship of that country because the person is an Australian citizen.
(4) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied of the identity of the person.
Note: Division 5 contains the identity provisions.
(5) The Minister may refuse to approve the person renouncing his or her Australian citizenship if the person:
(a) is a national or citizen of a foreign country at the time the person made the application; and
(b) made the application during a war in which Australia is engaged.
(6) The Minister must not approve the person renouncing his or her Australian citizenship if the Minister considers that it would not be in the interests of Australia to do so.
(7) The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person:
(a) is a national or citizen of a foreign country immediately before the Minister's decision on the application; or
(b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval.
(8) If the Minister approves a person renouncing his or her Australian citizenship, the person ceases to be an Australian citizen at the time of the approval.
Note: A child of the person may also cease to be an Australian citizen:
see section 36.