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.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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