Section 252C — Screening and strip searches of detainees and searches of facilities—seizure (general)

252C Screening and strip searches of detainees and searches of facilities—seizure (general)

Seizure

(1) Subject to subsection (2), in the course of the conduct of a screening procedure under section 252AA, or of a search under section 252A or 252BA, an authorised officer may seize a thing that:

(a) is a weapon or escape aid; or

(b) is a prohibited thing determined under paragraph 251A(2)(a); or

(c) is forfeitable to the Commonwealth (otherwise than under subsection (2A)); or

(d) in any other case—might provide evidence of the commission of an offence against this Act.

Note 1: Section 252AA deals with screening detainees, section 252A deals with strip searches of detainees and section 252BA deals with searches of certain immigration detention facilities.

Note 2: Paragraph 251A(2)(a) covers things the possession of which is unlawful.

(2) If an authorised officer has the power to seize a thing under subsection (1), the officer must seize the thing if a direction under subsection 251B(6) has the effect of requiring the officer to seize the thing.

Forfeiture of seized things

(2A) The following things are forfeited to the Commonwealth if seized under subsection (1):

(a) a weapon or escape aid;

(b) a prohibited thing determined under paragraph 251A(2)(a).

(3) An authorised officer must not return a thing that is forfeited or forfeitable to the Commonwealth. Instead, the authorised officer must, as soon as practicable, give the thing to a constable (within the meaning of the Crimes Act 1914).

Return of seized things

(4) Section 252CB applies to any thing seized under paragraph (1)(d) after the earliest of the following events happens:

(a) the end of the period of 60 days after the thing was seized, or at the end of a longer period ordered by a magistrate under section 252E, unless proceedings mentioned in paragraph (b) of this subsection are instituted before the end of that period (or that longer period);

(b) proceedings in respect of which the thing might provide evidence (including any appeal to a court in relation to those proceedings) are completed;

(c) it is decided that the thing is not to be used in evidence.

Note: Section 252CB provides for the return of things seized under paragraph (1)(d) of this section and section 252CA.

(5) Despite subsection (4), section 252CB does not apply to a thing if an authorised officer is authorised (by a law, or an order of a court or a tribunal, of the Commonwealth or a State or Territory),

otherwise than under this section, to retain, destroy or dispose of the thing.