Document ID: chunk:federal_register_of_legislation:C2024A00106:clause:1_21
Version: federal_register_of_legislation:C2024A00106
Segment Type: clause
Provision Reference: sch 1 cl 21
Character Range: 29899–31156

21  Subsections 252C(1) and (2)
Repeal the subsections, substitute:

Seizure
 (1) Subject to subsection (2), in the course of the conduct of a screening procedure under section 252AA, or of a search under section 252A or 252BA, an authorised officer may seize a thing that:
 (a) is a weapon or escape aid; or
 (b) is a prohibited thing determined under paragraph 251A(2)(a); or
 (c) is forfeitable to the Commonwealth (otherwise than under subsection (2A)); or
 (d) in any other case—might provide evidence of the commission of an offence against this Act.
Note 1: Section 252AA deals with screening detainees, section 252A deals with strip searches of detainees and section 252BA deals with searches of certain immigration detention facilities.
Note 2: Paragraph 251A(2)(a) covers things the possession of which is unlawful.
 (2) If an authorised officer has the power to seize a thing under subsection (1), the officer must seize the thing if a direction under subsection 251B(6) has the effect of requiring the officer to seize the thing.

Forfeiture of seized things
 (2A) The following things are forfeited to the Commonwealth if seized under subsection (1):
 (a) a weapon or escape aid;
 (b) a prohibited thing determined under paragraph 251A(2)(a).