Migration Act 1958

An authorised officer may be assisted by other persons in exercising powers or performing functions or duties in conducting a search under section 252BA (other than under subsection 252BA(4)), or under section 252C, 252CA or 252CB in relation to such a search, if that assistance is necessary and reasonable. A person giving such assistance is the authorised officer’s assistant.

Subsection 252BA(4) provides for an authorised officer to use a dog to conduct a search of an immigration detention facility. Sections 252C, 252CA and 252CB deal with the seizure of things in the course of a search under section 252BA and their return in certain circumstances.

In connection with a search of an immigration detention facility under section 252BA, an authorised officer’s assistant:

may enter the facility; and

may exercise any of the same powers, and perform any of the same functions and duties, as are conferred on the authorised officer in relation to the search under that section (other than under subsection 252BA(4)) and sections 252C, 252CA and 252CB; and

must do so in accordance with any directions given to the assistant by the authorised officer.

A power exercised by an authorised officer’s assistant as mentioned in subsection (2) is taken for all purposes to have been exercised by the authorised officer.

A function or duty performed by an authorised officer’s assistant as mentioned in subsection (2) is taken for all purposes to have been performed by the authorised officer.

Section 251B applies in relation to the exercise of a power, or the performance of a function or duty, by an authorised officer’s assistant in the same way as it applies in relation to such an exercise or performance by the authorised officer.

If a direction is given under paragraph (2)(c) in writing, the direction is not a legislative instrument.