# Searches of detainees etc.—general powers of personal search and seizure > act-s252 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text 252 Searches of detainees etc.—general powers of personal search and seizure Scope (1) This section applies in relation to the following persons: (a) a detainee; (b) a person who is a non-citizen, if: (i) the person has not been immigration cleared; and (ii) an authorised officer has reasonable grounds for suspecting there are reasonable grounds for cancelling the person’s visa; and (iii) the person is not in detention. Powers of authorised officers (2) An authorised officer may, without warrant, search a person, the person’s clothing and any property under the immediate control of the person for any thing that may be seized from the person under paragraph (4)(a) or (4A)(a), whether or not the officer has any suspicion that the person has such a thing on the person’s body, in the person’s clothing or in any such property. (3) An authorised officer may detain a person for the purpose of searching the person in accordance with this section. Seizure (4) Subject to subsection (4C), an authorised officer: (a) may, in the course of a search under this section, seize any of the following: (i) a weapon or other thing capable of being used to inflict bodily injury or to help any detainee to escape from immigration detention (a weapon or escape aid); (ii) a document or other thing that is, or may be, evidence for grounds for cancelling the visa of the person who is being searched (visa cancellation evidence in relation to the person); (iii) a prohibited thing determined under paragraph 251A(2)(a) (other than a prohibited thing that is also a weapon or escape aid, or visa cancellation evidence); and (b) may retain the thing for such time as the authorised officer thinks necessary for the purposes of this Act. Note 1: Paragraph 251A(2)(a) covers things the possession of which is unlawful. Note 2: Subparagraph (a)(iii) of this subsection does not apply in relation to certain detainees and non-citizens (see subsection (4B)). (4A) Subject to subsection (4C), an authorised officer: (a) may, in the course of a search under this section, seize a prohibited thing determined under paragraph 251A(2)(b) (other than a prohibited thing that is also a weapon or escape aid, or visa cancellation evidence); and (b) must, if it appears that the prohibited thing is owned or was controlled by a detainee, take all reasonable steps, when that detainee ceases to be in detention, to return it to that detainee; and (c) must, if it appears that the prohibited thing is owned or was controlled by a person other than a detainee, take all reasonable steps to return it to that person. Note 1: Paragraph 251A(2)(b) covers the determination of a thing as a prohibited thing if the Minister is satisfied that its possession or use in an immigration detention facility might be a risk to the health, safety or security of persons in the facility, or to the order of the facility. Note 2: Paragraph (a) of this subsection does not apply in relation to certain detainees and non-citizens (see subsection (4B)). Note 3: A prohibited thing that is seized under paragraph (a) of this subsection may be returned to a detainee, temporarily or indefinitely, before the detainee ceases to be in detention (see subsections 251AA(4), (5) and (6)). (4B) The seizure of a prohibited thing under subparagraph (4)(a)(iii) or paragraph (4A)(a) is not authorised if the seizure is from: (a) a detainee covered by a residence determination who is residing at the place specified in the determination; or (b) a non-citizen covered by paragraph (1)(b). Note: However, if a prohibited thing is also a weapon or escape aid, or visa cancellation evidence, it can be seized from such a person under subparagraph (4)(a)(i) or (ii). (4C) If an authorised officer has the power to seize a thing under paragraph (4)(a) or (4A)(a), the officer must seize the thing if a direction under subsection 251B(6) has the effect of requiring the officer to seize the thing. Note 1: An authorised officer does not have the power to seize a prohibited thing under paragraph (4)(a) or (4A)(a) if subsection (4B) applies in relation to the thing. Note 2: An authorised officer has the power to seize a prohibited thing under paragraph (4A)(a) only if the exercise of the power is authorised under subsection 251AA(3) (which relates to preventing or lessening immigration detention facility risks). Forfeiture of seized things (4D) A prohibited thing seized under paragraph (4A)(a) is forfeited to the Commonwealth if the authorised officer considers on reasonable grounds, after taking all reasonable steps to return the thing under paragraph (4A)(b) or (c), that: (a) its owner or the person who last controlled the thing cannot be identified; or (b) the thing is abandoned; or (c) if it appears that the thing is owned or was controlled by a detainee—the thing cannot be returned to that detainee when that detainee ceases to be in detention; or (d) if it appears that the thing is owned or was controlled by a person other than a detainee—the thing cannot be returned to that person. (4E) If a prohibited thing is forfeited under subsection (4D), the authorised officer may dispose of it in any way the officer thinks appropriate. Related matters (5) This section does not authorise an authorised officer, or another person conducting a search pursuant to subsection (6) to remove any of the person’s clothing, or to require a person to remove any of his or her clothing. (6) A search under this section of a person, and the person’s clothing, shall be conducted by: (a) an authorised officer of the same sex as the person; or (b) in a case where an authorised 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 authorised officer; and (ii) agrees; to conduct the search. (7) An action or proceeding, whether civil or criminal, does not lie against a person who, at the request of an authorised officer, conducts a search under this section if the person acts in good faith and does not contravene subsection (8). (8) An authorised officer or other person who conducts a search under this section shall not use more force, or subject a person to greater indignity, than is reasonably necessary in order to conduct the search.