D4.13 Additional powers relating to detention by immigration officer

See also Immigration Act 2009 s 328

D4.13.1 An immigration officer may use physical force when exercising detention power

1. When exercising the power of detention under section 312 of the Immigration Act 2009, an immigration officer may use such physical force as the immigration officer has reasonable grounds to believe is reasonably necessary:
   1. to prevent the detained person from
      • harming any person; or
      • damaging any property; or
      • escaping or attempting to escape from detention; or
   2. to recapture the person, if the person is fleeing, having escaped from detention.
2. An immigration officer who uses physical force under this section must:
   1. give to the chief executive, or a delegate of the chief executive, a written report of the use of the force, the circumstances in which it was used, and the matters that gave rise to the reasonable grounds to believe required in (a) above; and
   2. provide the report not later than three working days after the use of the force.

D4.13.5 An immigration officer may search a detained person

1. When a person has been detained under section 312 of the Immigration Act 2009, an immigration officer may search that person if the immigration officer has reasonable grounds to believe that:
   1. the person has an item hidden or in clear view on or about his or her person; and
   2. the item poses a threat to the safety of the officer, or any other person; and
   3. there is a need to act immediately in order to address that threat.
2. When carrying out a search under (a) above, an immigration officer may 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.
3. If necessary, reasonable force may be used to search a person under (b) above and seize any item under (b) above.
4. An immigration may detain and destroy any item that he or she seizes under (b) above.
5. An immigration officer who undertakes a search under this section must:
   1. give to the chief executive, or a delegate of the chief executive, a written report of the search, the circumstances in which it was undertaken, and the matters that gave rise to the reasonable grounds to believe required in (a) above; and
   2. provide the report not later than three working days after the search.

Effective 03/09/2012