Document ID: chunk:federal_register_of_legislation:C2024A00106:clause:1_5:p2
Version: federal_register_of_legislation:C2024A00106
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 2/2)
Character Range: 21131–22996

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 escape aid, or visa cancellation evidence, it can be seized from such a person under subparagraph (4)(a)(i) or (ii).
 (4C) If an authorised officer has the power to seize a thing under paragraph (4)(a) or (4A)(a), 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 prohibited thing under paragraph (4)(a) or (4A)(a) if subsection (4B) applies in relation to the thing.
Note 2: An authorised officer has the power to seize a prohibited thing under paragraph (4A)(a) only if the exercise of the power is authorised under subsection 251AA(3) (which relates to preventing or lessening immigration detention facility risks).

Forfeiture of seized things
 (4D) A prohibited thing seized under paragraph (4A)(a) is forfeited to the Commonwealth if the authorised officer considers on reasonable grounds, after taking all reasonable steps to return the thing under paragraph (4A)(b) or (c), that:
 (a) its owner or the person who last controlled the thing cannot be identified; or
 (b) the thing is abandoned; or
 (c) if it appears that the thing is owned or was controlled by a detainee—the thing cannot be returned to that detainee when that detainee ceases to be in detention; or
 (d) if it appears that the thing is owned or was controlled by a person other than a detainee—the thing cannot be returned to that person.
 (4E) If a prohibited thing is forfeited under subsection (4D), the authorised officer may dispose of it in any way the officer thinks appropriate.

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