Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 148

  (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).