Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 148

State criminal justice stay certificate

             (1)  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.

             (2)  For the purposes of paragraph (1)(c), the cost of keeping the non-citizen in Australia does not include the cost of immigration detention (if any).



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