MIGRATION ACT 1958 - SECT 252G Powers concerning entry to a detention centre

MIGRATION ACT 1958 - SECT 252G

  (1)   An officer may request that a person about to enter a detention centre established under this Act do one or more of the following:

  (a)   walk through screening equipment;

  (b)   allow an officer to pass hand - held screening equipment over or around the person or around things in the person's possession;

  (c)   allow things in the person's possession to pass through screening equipment or to be examined by X - ray.

  (2)   Screening equipment means a metal detector or similar device for detecting objects or particular substances.

  (3)   If an authorised officer suspects on reasonable grounds that a person about to enter a detention centre established under this Act has in his or her possession a thing that might:

  (a)   endanger the safety of the detainees, staff or other persons at the detention centre; or

  (b)   disrupt the order or security arrangements at the detention centre;

the authorised officer may request that the person do some or all of the things in subsection   (4) for the purpose of finding out whether the person has such a thing. A request may be made whether or not a request is also made to the person under subsection   (1).

  (4)   An authorised officer may request that the person do one or more of the following:

  (a)   allow the authorised officer to inspect the things in the person's possession;

  (b)   remove some or all of the person's outer clothing such as a coat, jacket or similar item;

  (c)   remove items from the pockets of the person's clothing;

  (d)   open a thing in the person's possession, or remove the thing's contents, to allow the authorised officer to inspect the thing or its contents;

  (e)   leave a thing in the person's possession, or some or all of its contents, in a place specified by the authorised officer if he or she suspects on reasonable grounds that the thing or its contents are capable of concealing something that might:

  (i)   endanger the safety of the detainees, staff or other persons at the detention centre; or

  (ii)   disrupt the order or security arrangements at the detention centre.

  (5)   A person who leaves a thing (including any of its contents) in a place specified by an authorised officer is entitled to its return when the person leaves the detention centre.

  (6)   However, if possession of the thing, or any of those contents, by the person is unlawful under a Commonwealth law or in the State or Territory in which the detention centre is located:

  (a)   the thing or the contents must not be returned to the person; and

  (b)   an authorised officer must, as soon as practicable, give the thing or the contents to a constable (within the meaning of the Crimes Act 1914 ).

  (7)   A person who is about to enter a detention centre established under this Act may be refused entry if he or she does not comply with a request under this section.