The City of Fremantle is refusing to be bullied by the Turnbull government claiming it will not move its Australia Day celebrations back to January 26 after it was threatened with having its citizenship ceremonies revoked.
Assistant Minister for Immigration Alex Hawke had written to the city claiming the council would be banned from holding citizen ceremonies because it breached the Australian Citizenship Act 2007 by "politicising" its banning of fireworks and its plans to hold a "culturally-inclusive alternative event" on January 28 instead.
"The government's firm position is that citizenship ceremonies are non-commercial, apolitical, partisan and secular and must not be used as forums for political, partisan or religious expression," Mr Hawke told the Fremantle Herald.
But Fremantle council put out a statement on Friday afternoon saying its One Day in Fremantle event on January 28 would go ahead because the council had not breached any code.
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The statement also claimed the city had not heard from the Department of Immigration in relation to the holding of citizenship ceremonies on either January 26 or January 28.
"It is not a political rally or protest and also satisfies the conditions of being non-commercial, bipartisan and non-religious," the statement said.
"The city therefore believes holding citizenship ceremonies as part of this event is in compliance with the Australian Citizenship Act.
"The city contacted the Department of Immigration in October and was advised there was no requirement to provide citizenship ceremonies on January 26."
The city said many council's around Australia held citizenship ceremonies outside January 26.
"The city annually provides a list of all citizenship ceremonies (including those held in January) to be held for that year to the Department of Immigration," the statement read.
"This occurs in early January and the city has never had an issue with advising the Department of Immigration in this way. Dates of these ceremonies change year-to-year depending on availability of venues and elected members."
Mr Hawke originally said the government took a "dim view" of Fremantle council's decision to can their Australia Day events on political grounds.
"If Fremantle council is found to be in breach of the code, I have the power to revoke Fremantle council's ability to preside over citizenship ceremonies under the Australian Citizenship Act 2007," he said.
Newly-elected Tangney Liberal MP Ben Morton was the one who wrote to the Turnbull government calling for ministerial intervention.
"Having your citizenship conferred to you on Australia Day is very, very, special," he said.
"The actions of Freo council will deny that very special occasion to our new citizens, it's a disgrace.
"I want a reconciled council, and when we focus on issues confronting our Indigenous Australians we should focus on those issues that will make a difference to their lives, like Aboriginal incarceration, health, alcoholism, and employment."
Earlier in the week, Aboriginal elders were finally able to have their say on the fireworks ban.