Section 147 — Commonwealth criminal justice stay certificate

147 Commonwealth criminal justice stay certificate

(1) If:

(a) an unlawful non-citizen is to be, or is likely to be, removed or deported; and

(b) the Minister considers that the non-citizen should remain in Australia temporarily 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

(c) the Minister considers that 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 keeping the non-citizen in Australia;

the Minister may give a certificate that the stay of the non-citizen’s removal or deportation 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).