Section 163 — Stay warrant to be cancelled

163 Stay warrant to be cancelled

(1) If:

(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.