A detainee must not escape from immigration detention.
Penalty: Imprisonment
for 5 years.
(1) A detainee is guilty of an offence if he or she manufactures, possesses,
uses or distributes a weapon. Penalty: Imprisonment for 3 years.
weapon includes:
- (a)
- a thing made or adapted for use for
inflicting bodily injury; or
- (b)
- a thing where the detainee who has the thing
intends or threatens to use the thing, or intends that the thing be used, to
inflict bodily injury.
4 After section 197B
Insert:
Chapter 2 of the Criminal Code applies to all offences against this
Division.
- Note: For example, Chapter 2 of the Criminal Code makes it an
offence to attempt to commit an offence or urge the commission of an offence.
5 Section 197C
Repeal the section.
7 After section 252
Insert:
(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.
8 Section 491
Repeal the
section.
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Commonwealth Numbered Acts