Detainees held in State or Territory prisons or remand centres
23 Detainees held in State or Territory prisons or remand centres
This clause applies to a detainee if:
the detainee is held in detention in a prison or remand centre of a State or Territory; and
a law of that State or Territory confers a power to search persons, or things in the possession of persons, serving sentences or being held in the prison or remand centre.
To the extent that the State or Territory law confers that power, or affects the exercise of that power, it applies to the detainee as though it were a law of the Commonwealth.
Clauses 16 and 17 do not apply to a detainee to whom this clause applies.
This clause corresponds closely to section 252F of the Migration Act 1958.
This Act’s bill:Explanatory memorandumSecond reading speech
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