223Secretary or Australian Border Force Commissioner may give direction about valuables of detained non‑citizens

223  Secretary or Australian Border Force Commissioner may give direction about valuables of detained non‑citizens

 (1) This section applies in relation to a person who has been detained.

 (2) Where the Secretary or Australian Border Force Commissioner is satisfied that:

 (a) the detainee is an unlawful non‑citizen or a deportee;

 (b) the detainee is liable, or may, on deportation or removal, become liable, to pay the Commonwealth an amount under section 210 or 212; and

 (c) if the Secretary or Australian Border Force Commissioner does not give a notice under this section there is a risk that the Commonwealth will not be able to recover the whole or a part of any amount that the detainee is, or becomes, liable to pay to the Commonwealth under section 210 or 212;

the Secretary or Australian Border Force Commissioner may, in writing, notify the detainee that his or her valuables are liable to be taken under this section.

 (3) Where the Secretary or Australian Border Force Commissioner gives a notice under subsection (2), subsections (4) to (13) apply.

 (4) The Secretary or Australian Border Force Commissioner shall cause a copy of the notice to be served on the detainee as prescribed.

 (5) At any time after a copy of the notice has been served on the detainee and while the notice remains in force, the Secretary or Australian Border Force Commissioner may take possession of any valuables that the Secretary or Australian Border Force Commissioner believes, on reasonable grounds, to belong to the detainee.

 (6) A copy of the notice may be served on:

 (a) any bank;

 (b) any other financial institution; or

 (7) A bank or other financial institution served with a copy of the notice shall not, while the notice remains in force, without the written consent of the Secretary or Australian Border Force Commissioner, process any transaction attempted in relation to any account held by the detainee, whether alone or jointly with another person or other persons, and whether for his or her own benefit or as a trustee.

Penalty: 300 penalty units.

 (7A) An offence against subsection (7) is an offence of strict liability.

 (8) Where a copy of the notice is served on a person, not being a bank or other financial institution, who owes a debt to the detainee, that first‑mentioned person shall not, while the notice remains in force, without the written consent of the Secretary or Australian Border Force Commissioner, make any payment to the detainee in respect of that debt.

 (9) The notice stops being in force at the end of the third working day after it is given unless, before the end of that day, the Secretary or Australian Border Force Commissioner has applied to a court for an order confirming the notice.