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Migration Act 1958
144Authorised officials
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144 Authorised officials
The Minister may, in writing, appoint as an authorised official for a State for the purposes of this Division:
(a) the Attorney‑General of the State; or
(b) a person holding an office under a law of the State that is like the office of the Director of Public Prosecutions; or
(c) the highest ranking member of the police force of the State.
Subdivision B—Criminal justice certificates for entry
145 Commonwealth criminal justice entry certificate
(1) If the Minister considers that:
(a) the temporary presence in Australia of a non‑citizen who is outside Australia is required for the purposes of:
(i) the Extradition Act 1988; or
(ia) the International War Crimes Tribunals Act 1995; or
(ib) the International Criminal Court Act 2002; 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 Minister may give a certificate that the presence of the non‑citizen in Australia is required for the administration of criminal justice.
(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).
146 State criminal justice entry certificate
(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.
(a) a certificate has been given under subsection (1) about a non‑citizen; and
(b) the Minister 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 Minister may endorse the certificate with a statement that it is to be a criminal justice certificate for the purposes of this Division.
(3) For the purposes of paragraph (1)(b), the cost of keeping the non‑citizen in Australia does not include the cost of immigration detention (if any).
Subdivision C—Criminal justice certificates etc. staying removal or deportation