Section 328 — Immigration Act 2009: Additional powers relating to detention by immigration officer

328 Additional powers relating to detention by immigration officer (1) Where an immigration officer is exercising the power of detention under section 312 , the immigration officer may use such physical force as the officer has reasonable grounds for believing is reasonably necessary— (a) to prevent the detained person from harming any person; or (b) to prevent the detained person from damaging any property; or (c) to prevent the detained person from escaping or attempting to escape from detention; or (d) to recapture the person, if the person is fleeing, having escaped from detention. (2) Where an immigration officer has detained a person under section 312 , an immigration officer may search that person if the officer has reasonable grounds to believe that— (a) the person has an item hidden or in clear view on or about his or her person; and (b) the item poses a threat to the safety of the officer, or any other person; and (c) there is a need to act immediately in order to address that threat. (3) An immigration officer may, when carrying out a search under subsection (2), seize any item found on or about a person that the immigration officer has reasonable cause to suspect is an item that poses a threat to the safety of the officer or any other person. (4) If necessary, reasonable force may be used to search a person under subsection (2) and seize any item under subsection (3). (5) An immigration officer may detain and destroy any item that he or she seizes under subsection (4). (6) An immigration officer who uses physical force or undertakes a search under this section must, not later than 3 working days after the use of the force or the search, give to the chief executive a written report of the use of the force or search, the circumstances in which it was used or conducted, and the matters that gave rise to the reasonable grounds to believe required by subsection (1) or (2).