# Stay warrant to be cancelled

> act-s163 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.