# Screening and strip searches of detainees and searches of facilities—seizure (general)

> act-s252C — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

252C Screening and strip searches of detainees and searches of
         facilities—seizure (general)

               Seizure
          (1) Subject to subsection (2), in the course of the conduct of a
              screening procedure under section 252AA, or of a search under
              section 252A or 252BA, an authorised officer may seize a thing
              that:
                (a) is a weapon or escape aid; or
                (b) is a prohibited thing determined under paragraph 251A(2)(a);
                    or
                (c) is forfeitable to the Commonwealth (otherwise than under
                    subsection (2A)); or
                (d) in any other case—might provide evidence of the
                    commission of an offence against this Act.
               Note 1:      Section 252AA deals with screening detainees, section 252A deals
                            with strip searches of detainees and section 252BA deals with
                            searches of certain immigration detention facilities.










               Note 2:      Paragraph 251A(2)(a) covers things the possession of which is
                            unlawful.

          (2) If an authorised officer has the power to seize a thing under
              subsection (1), the officer must seize the thing if a direction under
              subsection 251B(6) has the effect of requiring the officer to seize
              the thing.

               Forfeiture of seized things
        (2A) The following things are forfeited to the Commonwealth if seized
             under subsection (1):
              (a) a weapon or escape aid;
              (b) a prohibited thing determined under paragraph 251A(2)(a).
          (3) An authorised officer must not return a thing that is forfeited or
              forfeitable to the Commonwealth. Instead, the authorised officer
              must, as soon as practicable, give the thing to a constable (within
              the meaning of the Crimes Act 1914).

               Return of seized things
          (4) Section 252CB applies to any thing seized under paragraph (1)(d)
              after the earliest of the following events happens:
                (a) the end of the period of 60 days after the thing was seized, or
                     at the end of a longer period ordered by a magistrate under
                     section 252E, unless proceedings mentioned in paragraph (b)
                     of this subsection are instituted before the end of that period
                     (or that longer period);
                (b) proceedings in respect of which the thing might provide
                     evidence (including any appeal to a court in relation to those
                     proceedings) are completed;
                (c) it is decided that the thing is not to be used in evidence.
               Note:        Section 252CB provides for the return of things seized under
                            paragraph (1)(d) of this section and section 252CA.

          (5) Despite subsection (4), section 252CB does not apply to a thing if
              an authorised officer is authorised (by a law, or an order of a court
              or a tribunal, of the Commonwealth or a State or Territory),








               otherwise than under this section, to retain, destroy or dispose of
               the thing.