Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p34
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 83813–86682

an adequate time before doing so, to tell the Secretary:

  (a)     when it is to be cancelled; and

    (b)     the expected whereabouts of the non-citizen when it is cancelled; and

  (c)     the arrangements for the non-citizen's departure from Australia.

Stay warrant to be cancelled

  "54HJ.(1) If:

    (a)     the presence in Australia of a non-citizen in respect of whom a criminal justice stay warrant has been given is no longer required for the purposes for which it was given; and

    (b)     if the warrant is to expire at a certain time—that time has not been reached;

a person entitled to apply for the warrant's cancellation must apply to the court for the cancellation.

"(2) The applicant for a criminal justice stay warrant in respect of a non-citizen is to tell the Secretary a reasonable time before the warrant expires:

   (a)     the time it will expire; and

      (b)     the expected whereabouts of the non-citizen at the time of expiry; and

   (c)     the arrangements for the non-citizen's departure from Australia.

"(3) An applicant for the cancellation of a criminal justice stay warrant is to tell the Secretary, as soon as practicable:

     (a) the time of cancellation for which application will be made; and

    (b)     if the time of cancellation is different from that applied for, the time of cancellation; and

    (c)     the expected whereabouts of the non-citizen at the expected time, and, if paragraph (b) applies, the time of cancellation; and

  (d)     the arrangements for the non-citizen's departure from Australia.

Effect of cancellation etc. on criminal justice visa

  "54HK. If:

  (a)     a criminal justice certificate is cancelled; or

  (b)     a criminal justice stay warrant is cancelled or expires;

any criminal justice visa granted because of the certificate or warrant is cancelled and the Minister is to make a record of the cancellation.

"Division 4—Immigration clearance

Interpretation

  "54HL. In this Subdivision:

'clearance officer' means an officer, or other person, authorised by the Minister to perform duties for the purposes of this Division;

'on-port', in relation to a person, means a port in Australia to which the person will travel after entering Australia at another port;

'overseas vessel' means:

    (a)     a vessel on which persons travel from outside Australia to a port and then to an on-port or ports; or

    (b)     a vessel on which persons travel from a port to another port or ports and then to a place outside Australia.

Arriving person to give certain evidence of identity etc.

"54HM.(1) Subject to subsections 54HN(3) and (4) and sections 54HO and 54HP, a person, whether a citizen or a non-citizen, who enters Australia must, without unreasonable delay:

  (a) show a clearance officer:

         (i) if the person is a citizen (whether or not the person