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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

 

 

(1)     Schedule 1, item 1, page 3 (lines 6 to 8), omit subsection (9), substitute:

             (9)  To avoid doubt, a search of a person may be conducted under this section irrespective of whether a screening procedure is conducted in relation to the person under section 252AA or a strip search of the person is conducted under section 252A.

[section 252—screening procedures]

(2)     Schedule 1, item 2, page 3 (before line 11), before section 252A, insert:

252AA   Power to conduct a screening procedure

             (1)  A screening procedure in relation to a detainee, other than a detainee to whom section 252F applies, may be conducted by an authorised officer, without warrant, to find out whether 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, capable of being used:

                     (a)  to inflict bodily injury; or

                     (b)  to help the detainee, or any other detainee, to escape from immigration detention.

             (2)  An authorised officer who conducts a screening procedure under this section must not use greater force, or subject the detainee to greater indignity, than is reasonably necessary in order to conduct the screening procedure.

             (3)  This section does not authorise an authorised officer to remove any of the detainee’s clothing, or to require a detainee to remove any of his or her clothing.

             (4)  To avoid doubt, a screening procedure may be conducted in relation to a detainee under this section irrespective of whether a search of the detainee is conducted under section 252 or 252A.

             (5)  In this section:

conducting a screening procedure , in relation to a detainee, means:

                     (a)  causing the detainee to walk, or to be moved, through screening equipment; or

                     (b)  passing hand-held screening equipment over or around the detainee or around things in the detainee’s possession; or

                     (c)  passing things in the detainee’s possession through screening equipment or examining such things by X-ray.

screening equipment means a metal detector or similar device for detecting objects or particular substances.

[section 252AA—screening procedures]

(3)     Schedule 1, item 2, page 4 (lines 4 to 8), omit paragraph (c), substitute:

                     (c)  the strip search is authorised as follows:

                              (i)  if the detainee is at least 18—the Secretary, or an SES Band 3 employee in the Department (who is not the officer referred to in paragraphs (a) and (b) 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;

                             (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.

[section 252A—strip searches]

(4)     Schedule 1, item 2, page 4 (after line 8), after subsection (3), insert:

          (3A)  An officer may form a suspicion on reasonable grounds for the purposes of paragraph (3)(a) on the basis of:

                     (a)  a search conducted under section 252 (whether by that officer or another officer); or

                     (b)  a screening procedure conducted under section 252AA (whether by that officer or another officer); or

                     (c)  any other information that is available to the officer.

[section 252A—strip searches]

(5)     Schedule 1, item 2, page 4 (after line 19), after subsection (6), insert:

          (6A)  A power conferred on a magistrate by this section is conferred on the magistrate in a personal capacity and not as a court or a member of a court.

          (6B)  The magistrate need not accept the power conferred.

          (6C)  A magistrate exercising a power under this section has the same protection and immunity as if he or she were exercising that power as, or as a member of, the court of which the magistrate is a member.

[section 252A—strip searches]

(6)     Schedule 1, item 2, page 4 (lines 20 to 22), omit subsection (7), substitute:

             (7)  To avoid doubt, a strip search of a detainee may be conducted under this section irrespective of whether a search of the detainee is conducted under section 252 or a screening procedure is conducted in relation to the detainee under section 252AA.

[section 252A—screening procedures]

(7)     Schedule 1, item 2, page 7 (line 2), before “ strip search ”, insert “ screening procedure or ”.

[section 252C—screening procedures]

(8)     Schedule 1, item 2, page 7 (line 4), after “in the course of”, insert “conducting a screening procedure under section 252AA or”.

[section 252C—screening procedures]

(9)     Schedule 1, item 2, page 7 (lines 9 to 11), omit subsection (2), substitute:

             (2)  A weapon or other thing described in subsection 252AA(1) or 252A(1) that is found in the course of conducting a screening procedure under section 252AA or a strip search under section 252A is forfeited to the Commonwealth.

[section 252C—screening procedures]

(10)   Schedule 1, item 2, page 9 (line 15), omit “Section 252A of this Act does”, substitute “Sections 252AA and 252A of this Act do”.

[section 252F—screening procedures]