AUSTRALIAN CITIZENSHIP AMENDMENT ACT 1984 No. 129 of 1984 - SECT 16 Children of persons who lose or are deprived of citizenship

AUSTRALIAN CITIZENSHIP AMENDMENT ACT 1984 No. 129 of 1984 - SECT 16

16. Section 23 of the Principal Act is amended -
(a) by omitting from sub-section (1) "Where" and substituting "Subject
to sub-section (3), where";
(b) by omitting from paragraph (1) (a) "the responsible parent or the
guardian" and substituting " a responsible parent";
(c) by omitting from paragraph (1) (b) "his responsible parent or his
guardian" and substituting " that responsible parent";
(d) by omitting from sub-section (2) "Where" and substituting "Subject
to sub-section (3), where";

   (e)  by inserting in sub-section (2) "in his discretion," after "the
        Minister
may,";
(f) by omitting from sub-section (2) "the responsible parent or the
guardian" and substituting " a responsible parent"; and

   (g)  by adding at the end thereof the following sub-sections:

"(3) Where, but for this sub-section -

   (a)  a child would cease to be an Australian citizen under
sub-section (1) as a consequence of a responsible parent of the
child ceasing to be an Australian citizen; or

   (b)  the Minister would be empowered under sub-section (2) to
direct that a child should cease to be an Australian citizen as a
consequence of a responsible parent of the child being deprived
of his Australian citizenship, and at the time the child would cease to be an
Australian citizen or the Minister would become so empowered, as the case may
be, another responsible parent of the child is an Australian citizen,
sub-section (1) or (2), as the case may be, does not apply in relation to the
child -

   (c)  until there ceases to be a responsible parent of the child
(whether or not that other responsible parent), being a
responsible parent who is an Australian citizen; or

   (d)  if the cessation referred to in paragraph (c) is by reason of the
death of the responsible parent - at any time after that death.

"(4) Where the Minister makes an order under sub-section (2) directing that
all or any of the children of a person shall cease to be Australian citizens,
the Minister shall, if the person is present in Australia, cause to be served
on the person, either personally or by post, a copy of that order.".