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Thursday, 23 August 2001
Page: 30178


Mr RUDDOCK (Minister for Immigration and Multicultural Affairs and Minister for Reconciliation and Aboriginal and Torres Strait Islander Affairs) (5:38 PM) —by leave—I move government amendments (1) and (3) to (10):

(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.

(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.

(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.

(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.

(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.

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

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

(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.

(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”.