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Migration Act 1958
148State criminal justice stay certificate
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148 State criminal justice stay certificate
(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).