NSWCCL has issued a media release opposing the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015.
We recognise that the amended Bill is significantly improved and less dangerous than the initial extremely flawed version.
We welcome these changes, but remain disturbed by, and opposed to, expanding citizenship-stripping laws. Australian citizens who are alleged to have engaged in terrorist related activities should be charged, taken to trial and, if found guilty, punished and imprisoned in Australia. CCL argues the Bill should not be passed by Parliament.
Should the Bill proceed, CCL opposes the inclusion of the retrospectivity provision- even though it is limited to a very small number of people. It is a breach of a fundamental rule of law and natural justice principle. Retrospective application of punitive legislation is never acceptable.
NSWCCL welcomes the inclusion of a minimum age for persons caught by the Bill’s provisions. However, that minimum age should be 18 not 14 as is proposed for conduct related provisions. We welcome the removal of the provision allowing children to have their citizenship revoked if a parent had their citizenship revoked.
We urge the membership of the influential PJCIS which is to be given an expanded oversight role in relation to the operation of this legislation, be amended to be more fully representative of the Parliament.