Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 252AA

Power to conduct a screening procedure

             (1)  A screening procedure in relation to a detainee, other than a detainee to whom section 252F applies, may be conducted by an authorised officer, without warrant, to find out whether there is hidden on the detainee, in his or her clothing or in a thing in his or her possession a weapon, or other thing, capable of being used:

                     (a)  to inflict bodily injury; or

                     (b)  to help the detainee, or any other detainee, to escape from immigration detention.

             (2)  An authorised officer who conducts a screening procedure under this section must not use greater force, or subject the detainee to greater indignity, than is reasonably necessary in order to conduct the screening procedure.

             (3)  This section does not authorise an authorised officer to remove any of the detainee's clothing, or to require a detainee to remove any of his or her clothing.

             (4)  To avoid doubt, a screening procedure may be conducted in relation to a detainee under this section irrespective of whether a search of the detainee is conducted under section 252 or 252A.

             (5)  In this section:

"conducting a screening procedure " , in relation to a detainee, means:

                     (a)  causing the detainee to walk, or to be moved, through screening equipment; or

                     (b)  passing hand-held screening equipment over or around the detainee or around things in the detainee's possession; or

                     (c)  passing things in the detainee's possession through screening equipment or examining such things by X-ray.

"screening equipment " means a metal detector or similar device for detecting objects or particular substances.



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