The Federal Government will not rule out the possibility its contentious changes to Australia's citizenship laws could be made retrospective.
Immigration Minister Peter Dutton has introduced the changes into parliament after months of heated debate.
While the draft laws are not retrospective, parliament's Joint Committee on Intelligence and Security has been asked to consider whether they should be.
Amanda Cavill reports.
The Federal Government has introduced to parliament changes to citizenship laws that would block the return of dual citizens suspected of terrorism.
The legislation also allows the government to deport court-convicted terrorists.
The Citizenship Act already allows the automatic stripping of citizenship from someone who fights for foreign armies against Australia.
But that will be expanded to include groups banned as terrorist groups.
Immigration Minister Peter Dutton says Australian citizenship involves a commitment to Australia which should not be taken lightly.
"We face a heightened and complex security environment. Regrettably, some of the most pressing threats to the security of the nation and the safety of the Australian community come from citizens engaged in terrorism. 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."
The laws would allow stripping citizenship from dual nationals if they fight with a listed terrorist organisation overseas.
Any dual citizen convicted of a specific terrorism-related offence or who engaged in specified terrorist-related conduct would also cease to be Australian.
The Government has effectively abandoned its original plan to grant the immigration minister the power to strip citizenship and shifted more decision-making onto Australian courts.
Foreign Minister Julie Bishop says parliament's powerful Joint Committee on Intelligence and Security will examine whether the laws should be retrospective.
"As a matter of course, the Coalition would not support retrospectivity, but there are certain circumstances where, for example, people convicted of terrorist offences currently serving time in prison, their circumstances should be considered on their release from prison. So it's a matter that we will send to an appropriate parliamentary committee for consideration."
Opposition immigration spokesman Richard Marles says Labor will work constructively with the Government on the legislation.
Mr Marles says Labor is willing to consider making the laws retrospective.
"Retrospectivity is not something which we normally support in parliaments, but it is a question that needs to be examined carefully by the committee. And that's where we think this issue should be examined, and we'll have a look at it there."
If made retrospective, the laws would then apply to all Australians fighting with militants overseas and their families.
The committee's consideration comes after indications the wife of notorious foreign fighter Khaled Sharrouf, Tara Nettleton, and her five children want to return to Australia.
Ms Nettleton is believed to be seeking to return from Syria with their children, including a daughter who married fighter Mohamed Elomar of the self-proclaimed Islamic State.
A son was also photographed last year holding a soldier's severed head.
Both Sharrouf and Elomar are believed to have been killed in a recent wave of coalition air strikes in Syria or Iraq.
The Government has refused to say whether authorities are in discussion about the children but says the full force of the law will apply to anyone who has joined terrorist groups.
While the laws would undoubtedly apply to Tara Nettleton, the issue of what would happen to the children is unclear.
Prime Minister Tony Abbott has told Channel Nine the safety of the Australian community is the Government's first concern.
"Well, again, we will apply the law. And we will apply the law against people regardless of their age, regardless of their gender. These aren't the first criminals who have had children, and these children of criminals will be dealt with in the same way that the children of criminals are normally dealt with."
Debate on the new laws will begin in August after the committee makes its recommendation relating to retrospectivity.
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