38Surrender of physical evidentiary notice

38 Surrender of physical evidentiary notice

Request for surrender (1) If: (a) the Minister makes a decision under section 34 or 34A to revoke a person’s Australian citizenship; and (b) at the time of the revocation, there is in force a notice under section 37 in relation to the person; and (c) the notice was given to the person in a physical form; the Minister may request the person to surrender the notice to the Minister. (2) If the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37 and the notice was given to the person in a physical form, the Minister may request the person to surrender the notice to the Minister. Form of request (3) A request given to a person under subsection (1) or (2) must: (a) be made in writing; and (b) specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and (c) specify how the person is to surrender the notice to the Minister; and (d) contain a statement to the effect that a failure to comply with the request is an offence. Offence (4) A person commits an offence if: (a) the person is given a request that is in accordance with this section; and (b) the person fails to comply with the request.

Penalty for contravention of this subsection: 10 penalty units.