Document ID: chunk:federal_register_of_legislation:C2024A00106:clause:1_5:p1
Version: federal_register_of_legislation:C2024A00106
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/2)
Character Range: 18662–21369

5  Subsection 252(4)
Repeal the subsection, substitute:

Seizure
 (4) Subject to subsection (4C), an authorised officer:
 (a) may, in the course of a search under this section, seize any of the following:
 (i) a weapon or other thing capable of being used to inflict bodily injury or to help any detainee to escape from immigration detention (a weapon or escape aid);
 (ii) a document or other thing that is, or may be, evidence for grounds for cancelling the visa of the person who is being searched (visa cancellation evidence in relation to the person);
 (iii) a prohibited thing determined under paragraph 251A(2)(a) (other than a prohibited thing that is also a weapon or escape aid, or visa cancellation evidence); and
 (b) may retain the thing for such time as the authorised officer thinks necessary for the purposes of this Act.
Note 1: Paragraph 251A(2)(a) covers things the possession of which is unlawful.
Note 2: Subparagraph (a)(iii) of this subsection does not apply in relation to certain detainees and non‑citizens (see subsection (4B)).
 (4A) Subject to subsection (4C), an authorised officer:
 (a) may, in the course of a search under this section, seize a prohibited thing determined under paragraph 251A(2)(b) (other than a prohibited thing that is also a weapon or escape aid, or visa cancellation evidence); and
 (b) must, if it appears that the prohibited thing is owned or was controlled by a detainee, take all reasonable steps, when that detainee ceases to be in detention, to return it to that detainee; and
 (c) must, if it appears that the prohibited thing is owned or was controlled by a person other than a detainee, take all reasonable steps to return it to that person.
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: Paragraph (a) of this subsection does not apply in relation to certain detainees and non‑citizens (see subsection (4B)).
Note 3: A prohibited thing that is seized under paragraph (a) of this subsection may be returned to a detainee, temporarily or indefinitely, before the detainee ceases to be in detention (see subsections 251AA(4), (5) and (6)).
 (4B) The seizure of a prohibited thing under subparagraph (4)(a)(iii) or paragraph (4A)(a) is not authorised if the seizure is from:
 (a) a detainee covered by a residence determination who is residing at the place specified in the determination; or
 (b) a non‑citizen covered by paragraph (1)(b).
Note: However, if a prohibited thing is also a weapon or