# State criminal justice stay certificate

> act-s148 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

148 State criminal justice stay certificate
          (1) If:
                (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).