Document ID: chunk:federal_register_of_legislation:C2024A00106:clause:1_251b:p1
Version: federal_register_of_legislation:C2024A00106
Segment Type: clause
Provision Reference: sch 1 cl 251B (pt 1/2)
Character Range: 12840–15594

251B  Searches of detainees etc.—exercise of powers generally

Visibility or intentional concealment of things—search etc. powers
 (1) An authorised officer may exercise a power to search for a thing under section 252 or 252BA:
 (a) whether or not the thing is visible to the authorised officer:
 (i) in the case of a search under section 252—immediately before the start of the search; or
 (ii) in the case of a search of an immigration detention facility under section 252BA—immediately before the start of the search of the facility, or of any area of the facility covered by the search; and
 (b) if the thing is not visible to the authorised officer at that time—whether or not the thing had been intentionally concealed.
Note: Section 252 covers searches of detainees and certain non‑citizens. Section 252BA covers searches of immigration detention facilities.
 (2) An authorised officer may conduct a screening procedure for a thing under section 252AA, or a strip search for a thing under section 252A, whether or not the thing had been intentionally concealed before the screening procedure or strip search was conducted.
Note: Section 252AA covers screening procedures for detainees. Section 252A covers strip searches of detainees. These sections authorise searches for things which are not visible immediately before the procedure or search starts to be conducted.

Visibility or intentional concealment of things—seizure powers
 (3) An authorised officer may seize a thing under section 252 in the course of a search under that section, or under section 252C or 252CA in the course of a search under section 252BA:
 (a) whether or not the thing was visible to the authorised officer:
 (i) in the case of a search under section 252—immediately before the start of the search; or
 (ii) in the case of a search of an immigration detention facility under section 252BA—immediately before the start of the search of the facility, or of any area of the facility covered by the search; and
 (b) if the thing was not visible to the authorised officer at that time—whether or not the thing had been intentionally concealed.
 (4) An authorised officer may seize a thing under section 252C or 252CA, in the course of the conduct of a screening procedure under section 252AA or of a strip search under section 252A, whether or not the thing had been intentionally concealed before the screening procedure or strip search was conducted.

Powers do not limit each other
 (5) A power may be exercised under any of sections 252, 252AA, 252A, 252BA, 252C and 252CA in relation to a person, immigration detention facility or thing irrespective of whether any powers are exercised in relation to the person, immigration detention facility or thing under another