# Removees and deportees held in other custody

> act-s254 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

254 Removees and deportees held in other custody
          (1) This section applies if a person is a removee or a deportee and is in
              the custody of an authority of the Commonwealth, a State or a
              Territory, otherwise than under this Act.










          (2) The Secretary or Australian Border Force Commissioner may give
              the person written notice:
                (a) if the person is a deportee:
                      (i) stating that a deportation order has been made; and
                     (ii) setting out particulars of the deportation order; and
                (b) if the person is a removee—stating that the person is to be
                    removed; and
                (c) in any case—stating that, from the time when the person
                    would otherwise be entitled to be released from the custody
                    referred to in subsection (1) (the custody transfer time), the
                    person will be kept in immigration detention.
        (2A) If a removee is given notice under subsection (2):
               (a) the authority who has custody of the removee immediately
                    before the custody transfer time is taken from the custody
                    transfer time to be an officer for the purposes of the
                    application of Division 7 of Part 2 in relation to the removee;
                    and
               (b) the removee is taken from the custody transfer time to be
                    detained by the authority in the capacity of such an officer in
                    the exercise of the powers conferred by that Division.
          (3) If a deportee is given notice under subsection (2):
                (a) the authority who has custody of the deportee immediately
                    before the custody transfer time is taken from the custody
                    transfer time to be an officer for the purposes of the
                    application of subsection 253(1) in relation to the deportee;
                    and
                (b) the deportee is taken from the custody transfer time to be
                    detained by the authority in the capacity of such an officer in
                    the exercise of the powers conferred by subsection 253(1);
                    and
                (c) subsection 253(3) does not apply in relation to the deportee.