Document ID: chunk:federal_register_of_legislation:C2005A00103:clause:2_17:p2
Version: federal_register_of_legislation:C2005A00103
Segment Type: clause
Provision Reference: sch 2 cl 17 (pt 2/2)
Character Range: 108248–110142

that officer or detention officer or by another officer or detention officer); or
 (c) any other information that is available to the officer or detention officer.

 (5) An authorisation of a strip search given for the purposes of paragraph (3)(c):
 (a) may be given by telephone, fax or other electronic means; and
 (b) must be recorded in writing, and signed by the person giving the authorisation, within one business day after it is given.

 (6) A record made under paragraph (5)(b) is not a legislative instrument.

 (7) A failure to comply with paragraph (5)(b) does not affect the validity of a strip search conducted on the basis of that authorisation.

 (8) The power to authorise a strip search under paragraph (3)(c) cannot be delegated to any other person.

 (9) A power conferred on a magistrate by this clause is conferred on the magistrate in a personal capacity and not as a court or a member of a court.

 (10) The magistrate need not accept the power conferred.

 (11) A magistrate exercising a power under this clause has the same protection and immunity as if he or she were exercising that power as, or as a member of, the court of which the magistrate is a member.

 (12) To avoid doubt, a strip search of a detainee may be conducted under this clause irrespective of whether a search of the detainee is conducted under clause 15 or a screening procedure is conducted in relation to the detainee under clause 16.

 (13) In this clause:

business day means a day that is not a Saturday, Sunday or public holiday in the place where the authorisation is given.

SES Band 3 employee means an SES employee with a classification of Senior Executive Band 3, and includes an SES employee who has been temporarily assigned duties that have been allocated a classification of Senior Executive Band 3.

Note: This clause corresponds closely to section 252A of the Migration Act 1958.