# Powers of entry and search

> act-s251 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

251 Powers of entry and search
          (1) An officer may at any time board and search a vessel if the officer
              reasonably suspects there is on board the vessel:
                (a) an unlawful non-citizen; or
                (b) a person seeking to enter the migration zone who would, if in
                    the migration zone, be an unlawful non-citizen.
          (2) The master of a vessel shall do all things reasonably required by an
              officer to facilitate the boarding and searching of the vessel by the
              officer under subsection (1).
               Penalty: 100 penalty units.
        (2A) An offence against subsection (2) is an offence of strict liability.
               Note:      For strict liability, see section 6.1 of the Criminal Code.

          (3) A reference in subsection (1) or (2) to a vessel includes a reference
              to an Australian resources installation and to an Australian sea
              installation.










          (4) The Secretary or Australian Border Force Commissioner may issue
              to an officer a search warrant in accordance with the prescribed
              form.
          (5) A search warrant shall be expressed to remain in force for a
              specified period not exceeding 3 months and ceases to be in force
              at the expiration of the specified period.
          (6) An officer having with him or her a search warrant issued to him or
              her under this section and remaining in force may, at any time in
              the day or night with such assistance as the officer thinks
              necessary, enter and search any building, premises, vessel, vehicle
              or place in which the officer has reasonable cause to believe there
              may be found:
                (a) an unlawful non-citizen, a removee or a deportee;
                (b) a person to whom a temporary visa has been issued subject to
                    a condition with respect to the work that is to be performed
                    by that person;
                (c) any document, book or paper relating to the entry or
                    proposed entry into Australia of a person in circumstances in
                    which that person:
                      (i) would have become a prohibited immigrant within the
                          meaning of this Act as in force from time to time before
                          the commencement of the Migration Amendment Act
                          1983; or
                     (ii) would have become a prohibited non-citizen within the
                          meaning of this Act as in force from time to time after
                          the commencement of the Migration Amendment Act
                          1983 but before the commencement of section 4 of the
                          Migration Legislation Amendment Act 1989; or
                    (iii) would have been an illegal entrant within the meaning
                          of the Act as in force from time to time after the
                          commencement of section 4 of the Migration
                          Legislation Amendment Act 1989 but before
                          1 September 1994; or










                     (iv) would have become, or would become, an unlawful
                          non-citizen; or
                (d) any passport or document of identity of, or any ticket for the
                    conveyance from a place within Australia to a place outside
                    Australia of an unlawful non-citizen, a removee or a
                    deportee;
               and may seize any such document, book, paper, passport,
               document of identity or ticket, as the case may be, and impound
               and detain it for such time as the officer thinks necessary.
          (7) For the purposes of the exercise of his or her powers under this
              section an officer may stop any vessel or vehicle.
          (8) An officer may use such reasonable force as is necessary for the
              exercise of his or her powers under this section.