Screening and strip searches of detainees and searches of facilities—seizure of certain prohibited things
act-s252CA — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

252CA Screening and strip searches of detainees and searches of
         facilities—seizure of certain prohibited things

               Scope—certain prohibited things
          (1) This section applies in relation to a prohibited thing determined
              under paragraph 251A(2)(b), unless subsection 252C(1) applies in
              relation to the prohibited thing.
               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:      For the seizure of other things obtained by screening detainees, by a
                            strip search of detainees or by a search of certain immigration
                            detention facilities, see section 252C.

               Seizure
          (2) Subject to subsection (4), 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 to
              which this section applies.
          (3) However, subsection (2) does not authorise the seizure of a
              medication or health care supplement in the course of a search
              under section 252BA if there are reasonable grounds for an
              authorised officer conducting the search to consider that:
                (a) the medication or supplement is possessed or controlled by a
                    particular detainee; and
               (b) the medication or supplement is not a prohibited thing in
                    relation to the particular detainee because of
                    subsection 251A(3).
               Note:        Section 252BA deals with searches of certain immigration detention
                            facilities. Subsection 251A(3) deals with medications and health care
                            supplements that are prescribed or supplied for a person’s individual
                            use.









          (4) If an authorised officer has the power to seize a thing under
              subsection (2), 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 medication or
                            health care supplement under subsection (2) if subsection (3) applies
                            in relation to the medication or supplement.
               Note 2:      An authorised officer has the power to seize a prohibited thing under
                            subsection (2) only if the exercise of the power is authorised under
                            subsection 251AA(3) (which relates to preventing or lessening
                            immigration detention facility risks).
               Note 3:      A prohibited thing that is seized under subsection (2) may be returned
                            to a detainee, temporarily or indefinitely, before the detainee ceases to
                            be in detention (see subsections 251AA(4), (5) and (6)).

               Return of seized things
          (5) Section 252CB applies to a thing that is seized under subsection (2)
              of this section.
               Note:        Section 252CB provides for the return of things seized under this
                            section and of certain things seized under section 252C.