Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_406a
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 406A
Character Range: 425214–427394

406A  Searches under paragraph 406(1)(ba)

 (1) A search under paragraph 406(1)(ba) of a person (the subject) may only be conducted by an authorised officer of the same sex as the subject.

 (2) However, if an authorised officer of the same sex as the subject is not available to conduct the search, it may be conducted by another person who:
 (a) is of the same sex as the subject; and
 (b) agrees, at the request of an authorised officer, to conduct the search.

 (3) Paragraph 406(1)(ba) and this section do not authorise the authorised officer or other person:
 (a) to remove any of the subject's clothing; or
 (b) to require the subject to remove any of his or her clothing; or
 (c) to use more force, or subject the subject to greater indignity, than is reasonably necessary to conduct the search.

 (4) If, in conducting a search, an authorised officer finds an eligible seizable item, or a thing that may be evidential material as mentioned in subparagraph 406(1)(ba)(iv), an authorised officer may:
 (a) take possession of the item or thing; and
 (b) keep the item or thing for such time as he or she thinks necessary for the purposes of this Act.

 (5) If, in conducting a search, the other person finds an item or thing mentioned in subsection (4):
 (a) he or she must take possession of it and give it to an authorised officer; and
 (b) an authorised officer may keep it for such time as he or she thinks necessary for the purposes of this Act.

 (6) If:
 (a) under subsection (4) or (5) an authorised officer is keeping an item or thing found in a search of the subject; and
 (b) the subject is detained under Schedule 1;
the authorised officer may continue to keep the item or thing for such time as he or she thinks necessary for the purposes of this Act or the Migration Act 1958.

Note: Once the subject ceases to be detained under Schedule 1, the subject will generally need to be detained under the Migration Act 1958 while he or she is in the migration zone (because his or her enforcement visa under that Act will cease to have effect). Subsection (6) ensures the officer can keep the item or thing while the subject is detained under this Act or that Act.