Section 251AB — Migration Act 1958: Searches of detainees etc.—access to alternative means of communication

(1) Without limiting section 256 (person in immigration detention may have access to certain advice, facilities etc.), the Secretary must ensure that a detainee who is detained in an immigration detention facility is given access to an alternative means of communication, which meets the requirements under subsection (2) of this section, if: (a) a prohibited thing determined under paragraph 251A(2)(b) has been seized from the detainee under: (i) paragraph 252(4A)(a) (seizure during personal searches under section 252); or (ii) subsection 252CA(2) (seizure during screening, strip search or facility search); and (b) the thing is a device that a person may use to communicate with another person; and (c) the thing has not been returned to the detainee. (2) The alternative means of communication must be reasonably sufficient to enable the detainee to: (a) communicate with a member of the family unit of the detainee; or (b) communicate with any person outside the immigration detention facility for the purposes of: (i) obtaining legal advice; or (ii) obtaining support of a prescribed kind; or (iii) communicating governmental or political matters.