Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 147

  (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).