Section 252BA — Migration Act 1958: Searches of certain immigration detention facilities—general

Search (1) An authorised officer may, without warrant, conduct a search of an immigration detention facility operated by or on behalf of the Commonwealth, including, without limitation, a search covering any or all of the following: (a) accommodation areas; (b) administrative areas; (c) common areas; (d) detainees’ personal effects; (e) detainees’ rooms; (f) medical examination areas; (g) storage areas. (2) An authorised officer may conduct a search of the facility for any of the following things: (a) a weapon or escape aid; (b) a prohibited thing. (3) An authorised officer may search the facility for a thing under subsection (2) whether or not the officer has any suspicion that there is such a thing at the facility. Note: See also sections 252C and 252CA in relation to the seizure of things in the course of a search under this section. Conduct of search (4) Without limiting subsections (1) and (2), an authorised officer may use a dog in conducting a search under this section. (5) If an authorised officer uses a dog in conducting a search under this section, the officer must: (a) take all reasonable precautions to prevent the dog touching any person (other than the officer); and (b) keep the dog under control while conducting the search. (6) If an authorised officer uses a dog in accordance with subsection (5) in conducting a search under this section, that use of the dog is not unlawful only because of the behaviour of the dog (including the touching of any person by the dog). (7) An authorised officer who conducts a search under this section must not use more force against a person or property, or subject a person to greater indignity, than is reasonably necessary in order to conduct the search.