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Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2017

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8359

2016-2017-2018

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2017

 

 

( 1 )     Schedule 1 , page 3 (line 1) to page 15 (line 33) , omit the Schedule, substitute:

Schedule 1 Amendments

   

Migration Act 1958

1  Paragraphs 252(1)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  either:

                              (i)  the person is detained in Australia; or

                             (ii)  the person is a non-citizen who has not been immigration cleared and an authorised officer has reason able grounds for suspecting there are reasonable grounds for cancelling the person’s visa; and

                     (b)  an authorised officer reason ably believes that:

                              (i)  the search may recover a weapon , document or thing of a kind mentioned in subsection (2); and

                             (ii)  in the case of such a weapon or thing—if the weapon or thing were not recovered, it is likely to be used to inflict bodily injury or help the person escape from immigration detention.

2  At the end of subsection 252(2)

Add:

                   ; (c)  to find out whether there is hidden on the person, in the clothing or in the property, any other thing the possession of which is unlawful because of a law of the Commonwealth, or a law of the State or Territory in which the person is searched.

3  Subsection 252(4)

Omit “a weapon or other thing referred to in paragraph (2)(a), or a document or other thing referred to in paragraph (2)(b)”, substitute “a weapon, document or other thing of a kind mentioned in subsection (2)”.

4  Subsection 252AA(1)

Omit all the words after “thing in his or her”, substitute:

                   possession:

                     (a)  a weapon, or other thing, capable of being used:

                              (i)  to inflict bodily injury; or

                             (ii)  to help the detainee, or any other detainee, to escape from immigration detention; or

                     (b)  any other thing the possession of which is unlawful because of a law of the Commonwealth, or a law of the State or Territory in which the screening procedure is conducted.

5  After subsection 252AA(1)

Insert:

          (1A)  An authorised officer must not conduct a screening procedure under this section unless an authorised officer reasonably believes that:

                     (a)  the screening procedure may recover a weapon or other thing of a kind mentioned in subsection (1); and

                     (b)  if such a weapon or thing were not recovered—it is likely to be used:

                              (i)  to inflict bodily injury; or

                             (ii)  to help a detainee to escape from immigration detention.

6  Subsection 252A(1)

Omit all the words after “thing in his or her”, substitute:

                   possession:

                     (a)  a weapon, or other thing, capable of being used:

                              (i)  to inflict bodily injury; or

                             (ii)  to help the detainee, or any other detainee, to escape from immigration detention; or

                     (b)  any other thing the possession of which is unlawful because of a law of the Commonwealth, or a law of the State or Territory in which the detainee is strip searched.

Note:          Section 252B sets out rules for conducting a strip search under this section.

7  After paragraph 252A(3)(b)

Insert:

                   (ba)  the officer referred to in paragraph (a) reasonably believes that if that weapon or other thing were not recovered—it is likely to be used:

                              (i)  to inflict bodily injury; or

                             (ii)  to help the detainee, or any other detainee, to escape from immigration detention; and

[searches and screening]