Document ID: chunk:federal_register_of_legislation:C2024A00106:clause:1_251b:p2
Version: federal_register_of_legislation:C2024A00106
Segment Type: clause
Provision Reference: sch 1 cl 251B (pt 2/2)
Character Range: 15338–17690

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 of those sections.

Directions requiring seizure powers to be exercised
 (6) The Minister may, by legislative instrument, direct that an authorised officer (or an authorised officer in a specified class of relevant officers) must seize a thing by exercising one or more specified relevant seizure powers (or all relevant seizure powers) in relation to one or more of the following:
 (a) a person in a specified class of persons, or all persons, to whom the relevant seizure power relates;
Example: All detainees in a specified immigration detention facility, or all detainees in such a facility other than those who are unauthorised maritime arrivals.
 (b) a specified thing, a thing in a specified class of things, or all things, to which the relevant seizure power relates;
 (c) a specified immigration detention facility, an immigration detention facility in a specified class of such facilities, or all immigration detention facilities;
 (d) any circumstances specified in the directions.
Example: A direction could specify a particular period during which the direction is to take effect, or the duration of a specified event.
Note 1: The Minister may give a direction under subsection (6) only to prevent or lessen an immigration detention facility risk: see subsection 251AA(1).
Note 2: Despite any direction given under subsection (6), a thing cannot be seized if the seizure is not authorised under subsection 251AA(3) (which relates to preventing or lessening immigration detention facility risks).
 (7) A relevant seizure power is a power to seize a thing under any of the following provisions:
 (a) paragraph 252(4)(a) or (4A)(a) (searches of detainees etc.—general powers of personal search and seizure);
 (b) subsection 252C(1) (screening and strip searches of detainees and searches of facilities—seizure (general));
 (c) subsection 252CA(2) (screening and strip searches of detainees and searches of facilities—seizure of certain prohibited things).
 (8) Subsection (6) does not empower the Minister to give directions that would be inconsistent with this Act or the regulations.