Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p31
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 76100–78927

justice in relation to an offence against a law of the Commonwealth; and

     (c) the Attorney-General considers that satisfactory arrangements have been made to make sure that the person or organisation who wants the non-citizen for the relevant purposes or the non-citizen or both will meet the cost of keeping the non-citizen in Australia;

the Attorney-General may give a certificate that the stay of the non-citizen's removal or deportation is required for the administration of criminal justice.

State criminal justice stay certificate

  "54D. If:

     (a)     an unlawful non-citizen is to be, or is likely to be, removed or deported; and

     (b)     an authorised official for a State considers that the non-citizen should remain in Australia temporarily for the purposes of the administration of criminal justice in relation to an offence against a law of the State; and

     (c)     that authorised official considers that satisfactory arrangements have been made to make sure that the person or organisation who wants the non-citizen for those purposes or the non-citizen or both will meet the cost of keeping the non-citizen in Australia;

the official may give a certificate that the stay of the non-citizen's removal or deportation is required for the administration of criminal justice by the State.

Application for visa not to prevent certificate

"54E. A criminal justice stay certificate for a non-citizen may be given even though an application for a visa for the non-citizen has been made but not finalised.

Criminal justice stay certificates stay removal or deportation

"54F. If a criminal justice stay certificate about a non-citizen is in force, the non-citizen is not to be removed or deported.

Certain warrants stay removal or deportation

"54G.(1) If an unlawful non-citizen is to be, or is likely to be, removed or deported, this Act does not prevent a court issuing for the purposes of the administration of criminal justice in relation to an offence against a law a warrant to stay the removal or deportation.

"(2) If a criminal justice stay warrant about a non-citizen is in force, the non-citizen is not to be removed or deported.

"(3) If a court issues a criminal justice stay warrant about a non-citizen, the applicant for the warrant is responsible for the costs of any maintenance, accommodation or immigration detention of the non-citizen while the warrant is in force.

Certain subjects of stay certificates and stay warrants may be detained etc.

  "54H. If:

     (a)     a criminal justice stay certificate or a criminal justice stay warrant about a non-citizen is in force; and

   (b)     the non-citizen does not have a visa to remain in Australia;

the certificate or warrant does not limit any power under this Act relating to the detention of the non-citizen.

Removal