Document ID: chunk:federal_register_of_legislation:C2024C00800:section:252:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 252 (pt 1/2)
Character Range: 780060–782615

252  Searches of persons
 (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:
 (a) the person is detained in Australia; or
 (b) the person is a non‑citizen who has not been immigration cleared and an authorised officer has reasonable grounds for suspecting there are reasonable grounds for cancelling the person's visa.
 (2) The purposes 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 are as follows:
 (a) to find out whether 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 from immigration detention;
 (b) to find out whether there is hidden on the person, in the clothing or in the property, a document or other thing that is, or may be, evidence for grounds for cancelling the person's visa.
 (3) An authorised officer may detain a person for the purpose of searching the person in accordance with this section.
 (4) If, in the course of a search under this section, a weapon or other thing referred to in paragraph (2)(a), or a document or other thing referred to in paragraph (2)(b), is found, an authorised officer:
 (a) may take possession of the weapon, document or other thing; and
 (b) may retain the weapon, document or other thing for such time as he or she thinks necessary for the purposes of this Act.
 (5) This section does not authorise an authorised officer, or another person conducting a search pursuant to subsection (6) to remove any of the person's clothing, or to require a person to remove any of his or her clothing.
 (6) A search under this section of a person, and the person's clothing, shall be conducted by:
 (a) an authorised officer of the same sex as the person; or
 (b) in a case where an authorised 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 authorised officer; and
 (ii) agrees;
  to conduct the search.
 (7) An action or proceeding, whether civil or criminal, does not lie against a person who, at the request of an authorised officer, conducts a search under this section if the person acts in good faith and does not contravene subsection (8).
 (8) An authorised officer or other person who conducts a search under this section shall not use more force, or subject a