Law expert George Williams says government has ‘cast the net far too wide’ and new laws go ‘far further than involvement with Islamic State or acts of terrorism’

This article is more than 5 years old

This article is more than 5 years old

Damaging or destroying commonwealth property is one of the offences for which an Australian dual national could have their citizenship revoked under the legislation introduced by the government on Wednesday.

University of NSW law professor George Williams said he believed the government had “cast the net far too wide” in its new laws, which now went “far further than people involved with Islamic State or acts of terrorism”.

“This law appears to cover low-level offences that have only a very minor connection to terrorism,” he said.

Facebook Twitter Pinterest Julie Bishop comments on applying citizenship changes retrospectively – video

“The most remarkable is that it extends to section 29 of the Crimes Act, the offence of destroying or damaging commonwealth property, which would appear to not necessarily require any connection to terrorism at all. That might just mean that someone was involved in vandalism.

“It also extends to the offence of possessing a ‘thing’ connected to terrorism. ‘Thing’ is an open-ended term and is not defined.

“The government’s redrafting has probably satisfied the constitutional problems, but in my view it has now cast the net far too wide,” Williams said.

The government had originally proposed that immigration minister Peter Dutton would have discretion over the revocation of citizenship, something constitutional lawyers said was likely to be struck down by the high court.

Dual nationals involved in terrorism will have citizenship revoked, Abbott says Read more

Dutton introduced the changes to the Citizenship Act to the House of Representatives on Wednesday. They were first proposed by the government early last year and were the subject of dramatic cabinet leaks earlier this month.

“It is now appropriate to modernise provisions concerning loss of citizenship to respond to current terrorist threats ... The world has changed so our laws should change accordingly,” Dutton said.

The bill lists three ways in which dual nationals can automatically lose their Australian citizenship. First, a person renounces their citizenship “by conduct” if they engage in terrorist activity. Second, if they go overseas to fight for foreign armies deemed enemies of Australia, or listed terrorist organisations. Third, if they are convicted of terrorism offences or “certain other offences” by an Australian court.

The “wide net” that concerns Williams is in relation to these “certain other offences”.

Children may lose Australian citizenship under proposed legislation Read more

Under the new bill, children whose parents have renounced their citizenship by conduct can also have their dual nationality removed, unless there is another parent who is an Australian national who can take responsibility for the minor.

“A child of the person [who renounced their nationality] may also cease to be an Australian citizen,” the bill says.

Opposition leader Bill Shorten said Labor supported the bill in principle. Labor is considered likely to back it, but no final decision has been made.

“We have said that we will do whatever is necessary to fight terror abroad and at home. We’ve said that we support the principle of the extension of denying Australian citizenship to dual citizens if they take up arms against Australia,” Shorten said.

“What matters in national security is having laws that actually work.”