Document ID: chunk:federal_register_of_legislation:C2024C00591:clause:1a_15:p1
Version: federal_register_of_legislation:C2024C00591
Segment Type: clause
Provision Reference: sch 1A cl 15 (pt 1/2)
Character Range: 398865–401410

15  Searches of detainees
 (1) For the purposes set out in subclause (2), a detainee, and the detainee's clothing and any property under the immediate control of the detainee, may, without warrant, be searched.
 (2) The purposes for which a detainee, and the detainee's clothing and any property under the immediate control of the detainee, may be searched under this clause are as follows:
 (a) to find out whether there is hidden on the detainee's person, in the clothing or in the property, a weapon or other thing capable of being used to inflict bodily injury or to help the detainee to escape from detention;
 (b) to find out whether there is hidden on the detainee's person, in the clothing or in the property, a document or other thing that is, or may be, evidence of:
 (i) an offence against section 99, 100, 100A, 100B, 101, 101A, 101AA, 101B, 105E, 105EA, 105H or 105I; or
 (ii) an offence against section 6 of the Crimes Act 1914 relating to an offence described in subparagraph (i).
 (3) If, in the course of a search under this clause, a weapon or other thing referred to in paragraph (2)(a), or a document or other thing referred to in paragraph (2)(b), is found, an authorised officer:
 (a) may take possession of the weapon, document or other thing; and
 (b) may retain the weapon, document or other thing for such time as he or she thinks necessary for the purposes of this Act or the Migration Act 1958.
 (4) This clause does not authorise an authorised officer, or another person conducting a search pursuant to subclause (5), to remove any of the detainee's clothing, or to require a detainee to remove any of his or her clothing.
 (5) A search under this clause of a detainee, and the detainee's clothing, must be conducted by:
 (a) an authorised officer of the same sex as the detainee; or
 (b) in a case where an authorised officer of the same sex as the detainee is not available to conduct the search—any other person who is of the same sex and:
 (i) is requested by an authorised officer; and
 (ii) agrees;
  to conduct the search.
 (6) An action or proceeding, whether civil or criminal, does not lie against a person who, at the request of an authorised officer, conducts a search under this clause if the person acts in good faith and does not contravene subclause (7).
 (7) An authorised officer or other person who conducts a search under this clause must not use more force, or subject a detainee to greater indignity, than is reasonably necessary in order to conduct the search.
 (8) To avoid doubt, a search of