# Commonwealth criminal justice stay certificate

> act-s147 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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).