Document ID: chunk:federal_register_of_legislation:C2004A00886:clause:2_245fa
Version: federal_register_of_legislation:C2004A00886
Segment Type: clause
Provision Reference: sch 2 cl 245FA
Character Range: 15873–18307

245FA  Searches of people on certain ships or aircraft

 (1) For the purposes set out in subsection (2), a person, and the person's clothing and any property under the immediate control of the person, may, without warrant, be searched if the person:
 (a) is on a ship or aircraft that has been detained under subsection 245F(8); or
 (b) has been placed on a ship or aircraft under subsection 245F(9A).

Note: Division 13 of Part 2 provides search powers in respect of persons who are in immigration detention.

 (2) The purpose for which a person, and the person's clothing and any property under the immediate control of the person, may be searched under this section is to find out whether the person is carrying, or there is hidden on the 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 person to escape.

 (3) If, in the course of a search under this section, a weapon or other thing referred to in subsection (2) is found, an officer:
 (a) may take possession of the weapon or other thing; and
 (b) may retain the weapon or other thing for such time as he or she thinks necessary for the purposes of this Act.

 (4) This section does not authorise an officer, or another person conducting a search pursuant to subsection (5), to remove any of the person's clothing, or to require a person to remove any of his or her clothing, except the person's outer garments (including but not limited to the person's overcoat, coat, jacket, gloves, shoes and head covering).

 (5) A search under this section of a person, and the person's clothing, must be conducted by:
 (a) an officer of the same sex as the person; or
 (b) in a case where an officer of the same sex as the person is not available to conduct the search—any other person who is of the same sex and:
 (i) is requested by an 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 officer, conducts a search under this section if the person acts in good faith and does not contravene subsection (7).

 (7) An officer or other person who conducts a search under this section must not use more force, or subject a person to greater indignity, than is reasonably necessary in order to conduct the search.

 (8) In this section, officer has the same meaning as it has in section 245F.