# Searches of detainees etc.—access to alternative means of communication

> act-s251AB — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

251AB Searches of detainees etc.—access to alternative means of
         communication
          (1) Without limiting section 256 (person in immigration detention may
              have access to certain advice, facilities etc.), the Secretary must
              ensure that a detainee who is detained in an immigration detention
              facility is given access to an alternative means of communication,
              which meets the requirements under subsection (2) of this section,
              if:
                (a) a prohibited thing determined under paragraph 251A(2)(b)
                     has been seized from the detainee under:
                       (i) paragraph 252(4A)(a) (seizure during personal searches
                           under section 252); or
                      (ii) subsection 252CA(2) (seizure during screening, strip
                           search or facility search); and
                (b) the thing is a device that a person may use to communicate
                     with another person; and
                (c) the thing has not been returned to the detainee.
          (2) The alternative means of communication must be reasonably
              sufficient to enable the detainee to:
                (a) communicate with a member of the family unit of the
                    detainee; or
               (b) communicate with any person outside the immigration
                    detention facility for the purposes of:
                      (i) obtaining legal advice; or
                     (ii) obtaining support of a prescribed kind; or
                    (iii) communicating governmental or political matters.
