A non-citizen cannot personally apply for a criminal justice stay warrant under s 151 of the Migration Act 1958 (Cth); such applications must be brought by persons representing the public interest in the administration of criminal justice, such as the Attorney General or Director of Public Prosecutions. Section 151 does not itself confer power on a court to issue such a warrant but merely preserves pre-existing court powers. Whether s 23 of the Supreme Court Act 1970 (NSW) provides a sufficient jurisdictional base for such power remains an open question.
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