Document ID: chunk:federal_register_of_legislation:C2024A00106:clause:1_251a
Version: federal_register_of_legislation:C2024A00106
Segment Type: clause
Provision Reference: sch 1 cl 251A
Character Range: 2526–5235

251A  Searches of detainees etc.—prohibited things
 (1) A thing is a prohibited thing in relation to a person in detention (whether or not the person is detained in an immigration detention facility), or in relation to an immigration detention facility, if:
 (a) both:
 (i) possession of the thing is unlawful because of a law of the Commonwealth, or a law of the State or Territory in which the person is detained or in which the facility is located; and
 (ii) the thing is determined under paragraph (2)(a); or
 (b) the thing is determined under paragraph (2)(b).
Example 1: A thing may be a prohibited thing in relation to an immigration detention facility for the purposes of a search of such a facility under section 252BA and the seizure of prohibited things in the course of such a search under section 252C or 252CA.
Example 2: A mobile phone may, if determined under paragraph (2)(b), be a prohibited thing in relation to a person in detention even if the person is not detained in an immigration detention facility.
 (2) The Minister may, by legislative instrument, determine a thing for the purposes of subsection (1) if the Minister is satisfied that:
 (a) possession of the thing is prohibited by law in a place or places in Australia; or
 (b) possession or use of the thing in an immigration detention facility might be a risk (an immigration detention facility risk) to the health, safety or security of persons in the facility, or to the order of the facility.
Examples: The following things may be determined to be prohibited things if the Minister is satisfied that they pose a risk mentioned in paragraph (b):
(a) mobile phones;
(b) SIM cards;
(c) computers and other electronic devices designed to be capable of being connected to the internet.
 (3) However, if a medication or health care supplement is determined under paragraph (2)(b), the medication or supplement is not a prohibited thing in relation to a particular person detained in an immigration detention facility if the medication or supplement has been prescribed or supplied for the person's individual use by a health service provider authorised for the purpose by the person in charge of the facility.
 (4) Despite any regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 of that Act (disallowance of legislative instruments) applies to a legislative instrument made under subsection (2) of this section.
 (5) An immigration detention facility is:
 (a) a detention centre established under this Act (see section 273); or
 (b) another place approved by the Minister in writing for the purposes of subparagraph (b)(v) of the definition of immigration detention in subsection 5(1).