# Searches of detainees etc.—prohibited things

> act-s251A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

251A Searches of detainees etc.—prohibited things
          (1) A thing is a prohibited thing in relation to a person in detention
              (whether or not the person is detained in an immigration detention
              facility), or in relation to an immigration detention facility, if:
                (a) both:
                       (i) possession of the thing is unlawful because of a law of
                           the Commonwealth, or a law of the State or Territory in
                           which the person is detained or in which the facility is
                           located; and
                      (ii) the thing is determined under paragraph (2)(a); or
                (b) the thing is determined under paragraph (2)(b).
               Example 1: A thing may be a prohibited thing in relation to an immigration
                          detention facility for the purposes of a search of such a facility under
                          section 252BA and the seizure of prohibited things in the course of
                          such a search under section 252C or 252CA.
               Example 2: A mobile phone may, if determined under paragraph (2)(b), be a
                          prohibited thing in relation to a person in detention even if the person
                          is not detained in an immigration detention facility.

          (2) The Minister may, by legislative instrument, determine a thing for
              the purposes of subsection (1) if the Minister is satisfied that:









                 (a) possession of the thing is prohibited by law in a place or
                     places in Australia; or
                 (b) possession or use of the thing in an immigration detention
                     facility might be a risk (an immigration detention facility
                     risk) to the health, safety or security of persons in the facility,
                     or to the order of the facility.
               Examples: The following things may be determined to be prohibited things if the
                         Minister is satisfied that they pose a risk mentioned in paragraph (b):
                         (a) mobile phones;
                         (b) SIM cards;
                         (c) computers and other electronic devices designed to be capable of
                              being connected to the internet.

          (3) However, if a medication or health care supplement is determined
              under paragraph (2)(b), the medication or supplement is not a
              prohibited thing in relation to a particular person detained in an
              immigration detention facility if the medication or supplement has
              been prescribed or supplied for the person’s individual use by a
              health service provider authorised for the purpose by the person in
              charge of the facility.
          (4) Despite any regulations made for the purposes of
              paragraph 44(2)(b) of the Legislation Act 2003, section 42 of that
              Act (disallowance of legislative instruments) applies to a
              legislative instrument made under subsection (2) of this section.
          (5) An immigration detention facility is:
               (a) a detention centre established under this Act (see
                   section 273); or
               (b) another place approved by the Minister in writing for the
                   purposes of subparagraph (b)(v) of the definition of
                   immigration detention in subsection 5(1).