Section 16 — Environment Protection and Biodiversity Conservation Act 1999: Power to conduct a screening procedure

(1) A screening procedure in relation to a detainee, other than a detainee to whom clause 23 applies, may be conducted by an approved 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 detention. (2) An approved officer who conducts a screening procedure under this clause 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 clause does not authorise an approved 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 clause irrespective of whether a search of the detainee is conducted under clause 15 or 17. (5) In this clause: 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. Note: This clause corresponds closely to section 252AA of the Migration Act 1958.