# Searches of people on certain ships or aircraft

> act-s245FA — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

245FA Searches of people on certain ships or aircraft
          (1) For the purposes set out in subsection (2), a person, and the
              person’s clothing and any property under the immediate control of
              the person, may, without warrant, be searched if the person:
                (a) is on an aircraft that has been detained under
                    subsection 245F(8); or










                 (b) has been placed on a ship or aircraft under
                     subsection 245F(9A).
               Note:      Division 13 of Part 2 provides search powers in respect of persons
                          who are in immigration detention.

          (2) The purpose for which a person, and the person’s clothing and any
              property under the immediate control of the person, may be
              searched under this section is to find out whether the person is
              carrying, or there is hidden on the person, in the clothing or in the
              property, a weapon or other thing capable of being used to inflict
              bodily injury or to help the person to escape.
          (3) If, in the course of a search under this section, a weapon or other
              thing referred to in subsection (2) is found, an officer:
                (a) may take possession of the weapon or other thing; and
                (b) may retain the weapon or other thing for such time as he or
                     she thinks necessary for the purposes of this Act.
          (4) This section does not authorise an officer, or another person
              conducting a search pursuant to subsection (5), to remove any of
              the person’s clothing, or to require a person to remove any of his or
              her clothing, except the person’s outer garments (including but not
              limited to the person’s overcoat, coat, jacket, gloves, shoes and
              head covering).
          (5) A search under this section of a person, and the person’s clothing,
              must be conducted by:
               (a) an officer of the same sex as the person; or
               (b) in a case where an officer of the same sex as the person is not
                   available to conduct the search—any other person who is of
                   the same sex and:
                     (i) is requested by an officer; and
                    (ii) agrees;
                   to conduct the search.
          (6) An action or proceeding, whether civil or criminal, does not lie
              against a person who, at the request of an officer, conducts a search










               under this section if the person acts in good faith and does not
               contravene subsection (7).
          (7) An officer or other person who conducts a search under this section
              must not use more force, or subject a person to greater indignity,
              than is reasonably necessary in order to conduct the search.
          (8) In this section, officer has the same meaning as it has in
              section 245F.










Division 12B—Reporting on passengers and crew of
          aircraft and ships