# Searches of detainees—strip searches

> act-s252A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

252A Searches of detainees—strip searches
          (1) An authorised officer may, without warrant, conduct a strip search
              of a detainee, other than a detainee to whom section 252F applies,
              for any of the following things on the detainee’s body, in the
              detainee’s clothing, or in a thing in the detainee’s possession:
                (a) a weapon or escape aid;
                (b) a prohibited thing.
               Note:      Section 252B sets out rules for conducting a strip search under this
                          section.








          (2) A strip search of a detainee means a search of the detainee’s body
              or clothing or of a thing in the detainee’s possession. It may
              include:
                (a) requiring the detainee to remove some or all of the detainee’s
                    clothing; and
                (b) an examination of that clothing and of the detainee’s body
                    (but not of the detainee’s body cavities).
          (3) A strip search of a detainee may be conducted by an authorised
              officer only if:
                (a) an officer suspects on reasonable grounds that there is on the
                    detainee’s body, in the detainee’s clothing or in a thing in the
                    detainee’s possession any of the following things:
                      (i) a weapon or escape aid;
                     (ii) a prohibited thing; and
               (b) the officer referred to in paragraph (a) suspects on reasonable
                    grounds that it is necessary to conduct a strip search of the
                    detainee to recover that weapon or other thing; and
                (c) the strip search is authorised as follows:
                      (i) if the detainee is at least 18—the Secretary or Australian
                          Border Force Commissioner, or an SES Band 3
                          employee in the Department (who is not the officer
                          referred to in paragraphs (a) and (b) nor the authorised
                          officer conducting the strip search), authorises the strip
                          search because he or she is satisfied that there are
                          reasonable grounds for those suspicions;
                     (ii) if the detainee is at least 10 but under 18—a magistrate
                          orders the strip search because he or she is satisfied that
                          there are reasonable grounds for those suspicions.
        (3A) An officer may form a suspicion on reasonable grounds for the
             purposes of paragraph (3)(a) on the basis of:
              (a) a search conducted under section 252 (whether by that officer
                  or another officer); or
              (b) a screening procedure conducted under section 252AA
                  (whether by that officer or another officer); or
              (c) any other information that is available to the officer.








          (4) An authorisation of a strip search given for the purposes of
              paragraph (3)(c):
               (a) may be given by telephone, fax or other electronic means;
                   and
               (b) must be recorded in writing, and signed by the person giving
                   the authorisation, within one business day after it is given.
          (5) A failure to comply with paragraph (4)(b) does not affect the
              validity of a strip search conducted on the basis of that
              authorisation.
          (6) The power to authorise a strip search under paragraph (3)(c) cannot
              be delegated to any other person.
        (6A) A power conferred on a magistrate by this section is conferred on
             the magistrate in a personal capacity and not as a court or a
             member of a court.
        (6B) The magistrate need not accept the power conferred.
        (6C) A magistrate exercising a power under this section has the same
             protection and immunity as if he or she were exercising that power
             as, or as a member of, the court of which the magistrate is a
             member.
          (8) In this section:
               business day means a day that is not a Saturday, Sunday or public
               holiday in the place where the authorisation is given.
               SES Band 3 employee means an SES employee with a
               classification of Senior Executive Band 3, and includes an SES
               employee who has been temporarily assigned duties that have been
               allocated a classification of Senior Executive Band 3.