Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 163

  (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.