Document ID: chunk:federal_register_of_legislation:C2024A00106:clause:1_252ca
Version: federal_register_of_legislation:C2024A00106
Segment Type: clause
Provision Reference: sch 1 cl 252CA
Character Range: 32300–35119

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.