Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p30
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 73367–76359

Act 1988; or

      (ii) the Mutual Assistance in Criminal Matters Act 1987; or

         (iii) the administration of criminal justice in relation to an offence against a law of the Commonwealth; and

    (b)     the presence of the non-citizen in Australia for the relevant purposes would not hinder the national interest in any way to such an extent that the non-citizen should not be present in Australia; and

    (c)     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 bringing the non-citizen to, keeping the non-citizen in, and removing the non-citizen from, Australia;

the Attorney-General may give a certificate that the presence of the non-citizen in Australia is required for the administration of criminal justice.

State criminal justice entry certificate

   "54B.(1) If an authorised official for a State considers that:

     (a) the temporary presence in Australia of a non-citizen who is outside Australia is required for the purposes of the

     administration of criminal justice in relation to an offence against a law of the State; and

    (b) 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 bringing the non-citizen to, keeping the non-citizen in, and removing the non-citizen from, Australia;

the official may give a certificate that the presence of the non-citizen in Australia is required for the administration of criminal justice by the State.

  "(2) If:

    (a)     a certificate has been given under subsection (1) about a non-citizen; and

    (b)     the Attorney-General considers that the temporary presence of the non-citizen in Australia in order to advance the administration of criminal justice by the State would not hinder the national interest in any way to such an extent that the non-citizen should not be present in Australia;

the Attorney-General may endorse the certificate with a statement that it is to be a criminal justice certificate for the purposes of this Division.

                "Subdivision C—Criminal justice certificates etc. staying removal or deportation

Commonwealth criminal justice stay certificate

  "54C. If:

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

     (b)     the Attorney-General considers that the non-citizen should remain in Australia temporarily for the purposes of:

       (i) the Extradition Act 1988; or

       (ii) the Mutual Assistance in Criminal Matters Act 1987; or

         (iii) the administration of criminal 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