Section 252CB — Migration Act 1958: Screening and strip searches of detainees and searches of facilities—return of seized things

Reasonable steps to return seized things (1) If this section applies, because of subsection 252C(4) or 252CA(5), in relation to a thing that has been seized under paragraph 252C(1)(d) or subsection 252CA(2), an authorised officer: (a) must, if it appears that the thing is owned or was controlled by a detainee, take all reasonable steps to return it to the detainee when that detainee ceases to be in detention; and (b) must, if it appears that the thing is owned or was controlled by a person other than a detainee, take all reasonable steps to return it to the person. Note 1: This section applies to a thing seized under paragraph 252C(1)(d) because it might provide evidence of the commission of an offence under this Act. This section also applies to a prohibited thing determined under paragraph 251A(2)(b) that is seized under subsection 252CA(2). Note 2: A prohibited thing that is seized under subsection 252CA(2) may be returned to a detainee, temporarily or indefinitely, before the detainee ceases to be in detention (see subsections 251AA(4), (5) and (6)). Forfeiture and disposal of seized things if they cannot be returned (2) However, the thing is forfeited to the Commonwealth if, after taking all reasonable steps to return it under paragraph (1)(a) or (b) of this section, the authorised officer considers on reasonable grounds that: (a) its owner or the person who last controlled the thing cannot be identified; or (b) the thing is abandoned; or (c) if it appears that the thing is owned or was controlled by a detainee—the thing cannot be returned to the detainee when the detainee ceases to be in detention; or (d) if it appears that the thing is owned or was controlled by a person other than a detainee—the thing cannot be returned to the person. (3) If a prohibited thing is forfeited under subsection (2), the authorised officer may dispose of it in any way the officer thinks appropriate.