Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p33
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 81275–84077

If the Minister, after considering the grant of a criminal justice visa for a non-citizen, is satisfied that the criteria for it have been met, the Minister may, in his or her absolute discretion:

   (a)     approve its grant; and

   (b)     grant it by causing a record of it to be made; and

   (c)     give such evidence of it as the Minister considers appropriate.

Conditions of criminal justice visa

"54HG.(1) The regulations may provide that criminal justice visas are subject to specified conditions.

"(2) It is a condition of a criminal justice visa for a non-citizen that the non-citizen must not do any work in Australia, whether for reward or otherwise.

  "(3) In subsection (2):

'work', in relation to a non-citizen, does not include work for the purposes for which there is a criminal justice certificate or criminal justice stay warrant about the non-citizen, including, if those purposes are or include the imprisonment of the non-citizen, work as a prisoner.

Effect of criminal justice visas

"54HH.(1) A criminal justice entry visa for a non-citizen is permission for the non-citizen to travel to and enter and remain in Australia while it is in force.

  "(2) A criminal justice stay visa for a non-citizen:

    (a)     is permission for the non-citizen to remain in Australia while it is in force; and

    (b)     if the non-citizen is in immigration detention, entitles the non-citizen to be released from that detention.

"(3) A criminal justice visa for a person does not prevent the non-citizen leaving Australia.

"(4) Subsection (3) does not limit the operation of any order or warrant of a court.

"(5) The holder of a criminal justice entry visa may not apply for a visa other than a protection visa.

"(6) If a non-citizen who has held a criminal justice entry visa remains in Australia when the visa is cancelled, the non-citizen may not make an application for a visa other than a protection visa.

               "Subdivision E—Cancellation etc. of criminal justice certificates and criminal justice visas

Criminal justice certificates to be cancelled

"54HI.(1) If the presence in Australia of a non-citizen in respect of whom a criminal justice certificate has been given is no longer required for the purposes for which it was given, then:

    (a) if it was given under section 54A or 54C, the Attorney-General; or

(b) if it was given under section 54B or 54D—an authorised official; is to cancel it.

"(2) Before cancelling the certificate, the Attorney-General or authorised official is, 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.

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