# Screening and strip searches of detainees and searches of facilities—return of seized things

> act-s252CB — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

252CB Screening and strip searches of detainees and searches of
         facilities—return of seized things

               Reasonable steps to return seized things
          (1) If this section applies, because of subsection 252C(4) or 252CA(5),
              in relation to a thing that has been seized under
              paragraph 252C(1)(d) or subsection 252CA(2), an authorised
              officer:
                (a) must, if it appears that the thing is owned or was controlled
                     by a detainee, take all reasonable steps to return it to the
                     detainee when that detainee ceases to be in detention; and
                (b) must, if it appears that the thing is owned or was controlled
                     by a person other than a detainee, take all reasonable steps to
                     return it to the person.










               Note 1:      This section applies to a thing seized under paragraph 252C(1)(d)
                            because it might provide evidence of the commission of an offence
                            under this Act. This section also applies to a prohibited thing
                            determined under paragraph 251A(2)(b) that is seized under
                            subsection 252CA(2).
               Note 2:      A prohibited thing that is seized under subsection 252CA(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)).

               Forfeiture and disposal of seized things if they cannot be returned
          (2) However, the thing is forfeited to the Commonwealth if, after
              taking all reasonable steps to return it under paragraph (1)(a) or (b)
              of this section, the authorised officer considers on reasonable
              grounds 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 the detainee when
                    the 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
                    the person.
          (3) If a prohibited thing is forfeited under subsection (2), the
              authorised officer may dispose of it in any way the officer thinks
              appropriate.