Document ID: chunk:federal_register_of_legislation:C2024C00644:clause:2_16
Version: federal_register_of_legislation:C2024C00644
Segment Type: clause
Provision Reference: sch 2 cl 16
Character Range: 314487–316185

16  Power to conduct a screening procedure
 (1) A screening procedure in relation to a detainee, other than a detainee to whom clause 22 applies, may be conducted by an authorised officer, without warrant, to find out whether there is hidden on the detainee, in his or her clothing or in a thing in his or her possession, a weapon, or other thing, capable of being used:
 (a) to inflict bodily injury; or
 (b) to help the detainee, or any other detainee, to escape from detention.
 (2) An authorised officer who conducts a screening procedure under this clause must not use greater force, or subject the detainee to greater indignity, than is reasonably necessary in order to conduct the screening procedure.
 (3) This clause does not authorise an authorised officer to remove any of the detainee's clothing, or to require a detainee to remove any of his or her clothing.
 (4) To avoid doubt, a screening procedure may be conducted in relation to a detainee under this clause irrespective of whether a search of the detainee is conducted under clause 15 or 17.
 (5) In this clause:
conducting a screening procedure, in relation to a detainee, means:
 (a) causing the detainee to walk, or to be moved, through screening equipment; or
 (b) passing hand‑held screening equipment over or around the detainee or around things in the detainee's possession; or
 (c) passing things in the detainee's possession through screening equipment or examining such things by X‑ray.
screening equipment means a metal detector or similar device for detecting objects or particular substances.
Note: This clause corresponds closely to section 252AA of the Migration Act 1958.

Division 3—Strip searches of detainees