# Searches of detainees etc.—exercise of powers generally > act-s251B — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text 251B Searches of detainees etc.—exercise of powers generally Visibility or intentional concealment of things—search etc. powers (1) An authorised officer may exercise a power to search for a thing under section 252 or 252BA: (a) whether or not the thing is visible to the authorised officer: (i) in the case of a search under section 252—immediately before the start of the search; or (ii) in the case of a search of an immigration detention facility under section 252BA—immediately before the start of the search of the facility, or of any area of the facility covered by the search; and (b) if the thing is not visible to the authorised officer at that time—whether or not the thing had been intentionally concealed. Note: Section 252 covers searches of detainees and certain non-citizens. Section 252BA covers searches of immigration detention facilities. (2) An authorised officer may conduct a screening procedure for a thing under section 252AA, or a strip search for a thing under section 252A, whether or not the thing had been intentionally concealed before the screening procedure or strip search was conducted. Note: Section 252AA covers screening procedures for detainees. Section 252A covers strip searches of detainees. These sections authorise searches for things which are not visible immediately before the procedure or search starts to be conducted. Visibility or intentional concealment of things—seizure powers (3) An authorised officer may seize a thing under section 252 in the course of a search under that section, or under section 252C or 252CA in the course of a search under section 252BA: (a) whether or not the thing was visible to the authorised officer: (i) in the case of a search under section 252—immediately before the start of the search; or (ii) in the case of a search of an immigration detention facility under section 252BA—immediately before the start of the search of the facility, or of any area of the facility covered by the search; and (b) if the thing was not visible to the authorised officer at that time—whether or not the thing had been intentionally concealed. (4) An authorised officer may seize a thing under section 252C or 252CA, in the course of the conduct of a screening procedure under section 252AA or of a strip search under section 252A, whether or not the thing had been intentionally concealed before the screening procedure or strip search was conducted. Powers do not limit each other (5) A power may be exercised under any of sections 252, 252AA, 252A, 252BA, 252C and 252CA in relation to a person, immigration detention facility or thing irrespective of whether any powers are exercised in relation to the person, immigration detention facility or thing under another of those sections. Directions requiring seizure powers to be exercised (6) The Minister may, by legislative instrument, direct that an authorised officer (or an authorised officer in a specified class of relevant officers) must seize a thing by exercising one or more specified relevant seizure powers (or all relevant seizure powers) in relation to one or more of the following: (a) a person in a specified class of persons, or all persons, to whom the relevant seizure power relates; Example: All detainees in a specified immigration detention facility, or all detainees in such a facility other than those who are unauthorised maritime arrivals. (b) a specified thing, a thing in a specified class of things, or all things, to which the relevant seizure power relates; (c) a specified immigration detention facility, an immigration detention facility in a specified class of such facilities, or all immigration detention facilities; (d) any circumstances specified in the directions. Example: A direction could specify a particular period during which the direction is to take effect, or the duration of a specified event. Note 1: The Minister may give a direction under subsection (6) only to prevent or lessen an immigration detention facility risk: see subsection 251AA(1). Note 2: Despite any direction given under subsection (6), a thing cannot be seized if the seizure is not authorised under subsection 251AA(3) (which relates to preventing or lessening immigration detention facility risks). (7) A relevant seizure power is a power to seize a thing under any of the following provisions: (a) paragraph 252(4)(a) or (4A)(a) (searches of detainees etc.— general powers of personal search and seizure); (b) subsection 252C(1) (screening and strip searches of detainees and searches of facilities—seizure (general)); (c) subsection 252CA(2) (screening and strip searches of detainees and searches of facilities—seizure of certain prohibited things). (8) Subsection (6) does not empower the Minister to give directions that would be inconsistent with this Act or the regulations.