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Migration Act 1958
163Stay warrant to be cancelled
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163 Stay warrant to be cancelled
(a) the presence in Australia of a non‑citizen in respect of whom a criminal justice stay warrant has been given is no longer required for the purposes for which it was given; and
(b) if the warrant is to expire at a certain time—that time has not been reached;
a person entitled to apply for the warrant’s cancellation must apply to the court for the cancellation.
(2) The applicant for a criminal justice stay warrant in respect of a non‑citizen is to tell the Secretary a reasonable time before the warrant expires:
(a) the time it will expire; and
(b) the expected whereabouts of the non‑citizen at the time of expiry; and
(c) the arrangements for the non‑citizen’s departure from Australia.
(3) An applicant for the cancellation of a criminal justice stay warrant is to tell the Secretary, as soon as practicable:
(a) the time of cancellation for which application will be made; and
(b) if the time of cancellation is different from that applied for, the time of cancellation; and
(c) the expected whereabouts of the non‑citizen at the expected time, and, if paragraph (b) applies, the time of cancellation; and
(d) the arrangements for the non‑citizen’s departure from Australia.