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Migration Legislation Amendment (Immigration Detainees) Bill (No. 2) 2001

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1998-1999-2000-2001

 

 

The Parliament of the

Commonwealth of Australia

 

 

HOUSE OF REPRESENTATIVES

 

 

 

Migration Legislation Amendment (Immigration Detainees) Bill (No. 2) 2001

 

 

(Amendments to be moved by Dr Theophanous)

 

(1)     Schedule 1, item 2, page 3 (line 29) to page 4 (line 8) omit proposed subsection 252A(3), substitute

             (3)  A strip search of a detainee may be conducted by an authorised officer only if:

                     (a)  a screening procedure in relation to the detainee has been conducted under section 252AA; and

                     (b)  an officer suspects on reasonable grounds that 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 described in subsection (1); and

                     (c)  the officer referred to in paragraph (b) suspects on reasonable grounds that it is necessary to conduct a strip search of the detainee to recover that weapon or other thing; and

                     (d)  the strip search is authorised as follows:

                              (i)  if the detainee is at least 18—

(A)  a magistrate orders the strip search because he or she is satisfied that there are reasonable grounds for those suspicions, or

(B)  the Secretary, or an SES Band 3 employee in the Department (who is not the officer referred to in paragraphs (b) and (c) nor the authorised officer conducting the strip search), authorises the strip search because he or she is satisfied that there are reasonable grounds for those suspicions, and a lawyer or representative from the Human Rights and Equal Opportunity Commission is present during the strip search;

                             (ii)  if the detainee is at least 10 but under 18—a magistrate orders the strip search because he or she is satisfied that there are reasonable grounds for those suspicions.

(2)     Schedule 1, item 2, page 6 (line 2), at the end of proposed subsection 252B(1) add:

                    and

                      (l)  to avoid doubt, cannot be conducted in relation to a detainee unless a search of the detainee is first conducted under section 252AA.

(3)     Schedule 1, item 2, page 6 (line 7), at the end of proposed subsection 252B(3) add “or to a lawyer or representative of the Human Rights and Equal Opportunity Commission who is in attendance as a result of sub-sub-paragraph 252A(3)(d)(i)(A)”.

(4)     Schedule 1, item 2, page 4 (lines 20 to 22) omit proposed subsection 252A(7).

 

 

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