Section 15 — Environment Protection and Biodiversity Conservation Act 1999: Searches of detainees

(1) For the purposes set out in subclause (2), a detainee, and the detainee’s clothing and any property under the immediate control of the detainee, may, without warrant, be searched. (2) The purposes for which a detainee, and the detainee’s clothing and any property under the immediate control of the detainee, may be searched under this clause are as follows: (a) to find out whether there is hidden on the detainee’s person, in the clothing or in the property, a weapon or other thing capable of being used to inflict bodily injury or to help the detainee to escape from detention; (b) to find out whether there is hidden on the detainee’s person, in the clothing or in the property, a document or other thing that is, or may be, evidence of: (i) an offence against an environmental law; or (ii) an offence against section 6 of the Crimes Act 1914 relating to an offence described in subparagraph (i). (3) If, in the course of a search under this clause, a weapon or other thing referred to in paragraph (2)(a), or a document or other thing referred to in paragraph (2)(b), is found, an approved officer: (a) may take possession of the weapon, document or other thing; and (b) may retain the weapon, document or other thing for such time as he or she thinks necessary for the purposes of this Act, the Great Barrier Reef Marine Park Act 1975 or the Migration Act 1958. (4) This clause does not authorise an approved officer, or another person conducting a search pursuant to subclause (5), to remove any of the detainee’s clothing, or to require a detainee to remove any of his or her clothing. (5) A search under this clause of a detainee, and the detainee’s clothing, must be conducted by: (a) an approved officer of the same sex as the detainee; or (b) in a case where an approved officer of the same sex as the detainee is not available to conduct the search—any other person who is of the same sex and: (i) is requested by an approved officer; and (ii) agrees; to conduct the search. (6) An action or proceeding, whether civil or criminal, does not lie against a person who, at the request of an approved officer, conducts a search under this clause if the person acts in good faith and does not contravene subclause (7). (7) An approved officer or other person who conducts a search under this clause must not use more force, or subject a detainee to greater indignity, than is reasonably necessary in order to conduct the search. (8) To avoid doubt, a search of a detainee may be conducted under this clause irrespective of whether a screening procedure is conducted in relation to the detainee under clause 16 or a strip search of the detainee is conducted under clause 17. Note: This clause corresponds closely to section 252 of the Migration Act 1958.