Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 146

  (1)   If an authorised official for a State considers that:

  (a)   the temporary presence in Australia of a non - citizen who is outside Australia is required for the purposes of the administration of criminal justice in relation to an offence against a law of the State; and

  (b)   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 bringing the non - citizen to, keeping the non - citizen in, and removing the non - citizen from, Australia;

the official may give a certificate that the presence of the non - citizen in Australia is required for the administration of criminal justice by the State.

  (2)   If:

  (a)   a certificate has been given under subsection   (1) about a non - citizen; and

  (b)   the Minister considers that the temporary presence of the non - citizen in Australia in order to advance the administration of criminal justice by the State would not hinder the national interest in any way to such an extent that the non - citizen should not be present in Australia;

the Minister may endorse the certificate with a statement that it is to be a criminal justice certificate for the purposes of this Division.

  (3)   For the purposes of paragraph   (1)(b), the cost of keeping the non - citizen in Australia does not include the cost of immigration detention (if any).