Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p32
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
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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 or deportation not contempt etc. if no stay

  "54HA. If:

    (a)     this Act requires the removal or deportation of a non-citizen; and

    (b)     there is no criminal justice stay certificate or criminal justice stay warrant about the non-citizen;

any other law, or anything done under any other law, of the Commonwealth or a State (whether passed or made before or after the commencement of this section), not being an Act passed after that commencement expressed to be exempt from this section, does not prevent the removal or deportation.

"Subdivision D—Criminal justice visas

Criminal justice visas

"54HB.(1) A criminal justice visa may be a visa permitting a non-citizen to travel to and enter, and remain temporarily in, Australia, to be known as a criminal justice entry visa.

"(2) A criminal justice visa may be a visa permitting a non-citizen to remain temporarily in Australia, to be known as a criminal justice stay visa.

Criterion for criminal justice entry visas

"54HC. A criterion for a criminal justice entry visa for a non-citizen is that a criminal justice entry certificate about the non-citizen is in force.

Criterion for criminal justice stay visas

"54HD. A criterion for a criminal justice stay visa for a non-citizen is that either:

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

  (b)     a criminal justice stay warrant about the non-citizen is in force.

Criteria for criminal justice visas

"54HE. The criteria for a criminal justice visa for a non-citizen are, and only are:

  (a)     the criterion required by section 54HC or 54HD; and

  (b)     the criterion that the Minister, having had regard to:

       (i) the safety of individuals and people generally; and

         (ii) in the case of a criminal justice entry visa, arrangements to ensure that if the non-citizen enters Australia, the non-citizen can be removed; and

      (iii) any other matters that the Minister considers relevant;

has decided, in the Minister's absolute discretion, that it is appropriate for the visa to be granted.

Procedure for obtaining criminal justice visa

"54HF.(1) If a criminal justice certificate, or a criminal justice stay warrant, in relation to a non-citizen is in force, the Minister may consider the grant of a criminal justice visa for the non-citizen.

"(2) 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)