252GPersons entering immigration detention facilities—screening powers

252G  Persons entering immigration detention facilities—screening powers

 (1) An officer may request that a person about to enter an immigration detention facility operated by or on behalf of the Commonwealth 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.

 (1A) An officer may make a request to a person under subsection (1) whether or not, before making the request, the officer has any suspicion that there is in the person’s possession a thing mentioned in subsection (3).

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

 (3) An authorised officer may request that a person do something under subsection (4) if the person is about to enter an immigration detention facility operated by or on behalf of the Commonwealth, and the officer suspects on reasonable grounds that there is in the person’s possession:

 (a) a thing that:

 (i) might endanger the safety of the detainees, staff or other persons at the facility; or

 (ii) might disrupt the order or security arrangements at the facility; or

 (3A) A request may be made under subsection (4) that a person do something whether or not a request is also made under subsection (1) that the person do something.

 (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 the officer suspects on reasonable grounds that the thing or anything in its contents:

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

 (ii) might disrupt the order or security arrangements at the facility; or

 (iii) is a prohibited thing.

 (5) Subject to subsections (6) and (6A), 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 immigration detention facility.