Document ID: chunk:federal_register_of_legislation:C2024A00106:clause:1_251aa:p1
Version: federal_register_of_legislation:C2024A00106
Segment Type: clause
Provision Reference: sch 1 cl 251AA (pt 1/3)
Character Range: 5235–7938

251AA  Searches of detainees etc.—exercise of powers relating to prohibited things determined under paragraph 251A(2)(b)

Purpose and belief relating to immigration detention facility risks
 (1) The exercise of a power covered by subsection (7) is authorised only if the purpose of exercising the power is to prevent or lessen an immigration detention facility risk.
 (2) The exercise by a person of a power covered by paragraph (7)(b) is authorised only if the person believes on reasonable grounds that exercising the power is necessary to prevent or lessen an immigration detention facility risk.
 (3) The exercise by a person of a power covered by paragraph (7)(c) or (d) to seize or request a thing, on the basis that the thing is a prohibited thing determined under paragraph 251A(2)(b), is authorised only if the person believes on reasonable grounds that:
 (a) the thing is such a prohibited thing; and
 (b) exercising the power is necessary to prevent or lessen an immigration detention facility risk.

Temporary return of seized things
 (4) If a prohibited thing determined under paragraph 251A(2)(b) has been seized under a power covered by paragraph (7)(c) of this section, the person who owns the thing, or who last controlled it before its seizure, may make a request to an authorised officer for its return for a particular period.
 (5) On a request by a person under subsection (4), an authorised officer must:
 (a) return the thing to the person for the period requested; or
 (b) if the authorised officer believes on reasonable grounds that it is necessary to do so to prevent or lessen an immigration detention facility risk:
 (i) return the thing to the person for a specified period shorter than that requested; or
 (ii) refuse to return the thing to the person.
Note: The return of a thing under this subsection for a period does not prevent the further exercise of a power covered by subsection (7) in relation to the thing during that period, subject to this section (see subsection (9)).

Return of seized things if no longer necessary for them to be retained
 (6) If a prohibited thing determined under paragraph 251A(2)(b) has been seized under a power covered by paragraph (7)(c) of this section, an authorised officer must take all reasonable steps to return the thing to the person who owns the thing, or last controlled it before its seizure, if the officer no longer believes, on reasonable grounds, that it is necessary to retain the thing to prevent or lessen an immigration detention facility risk.
Note 1: For the return or forfeiture of such prohibited things when the owner or controller ceases to be in detention, see subsections 252(4A), (4D) and (4E) and section