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1998 – 1999 – 2000 –
2001
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
MIGRATION LEGISLATION AMENDMENT
(IMMIGRATION DETAINEES)
BILL 2001
EXPLANATORY
MEMORANDUM
(Circulated by authority
of the
Minister for Immigration and Multicultural Affairs,
The Hon. Philip
Ruddock MP)
ISBN: 0642 468656
MIGRATION LEGISLATION AMENDMENT (IMMIGRATION DETAINEES) BILL
2001
OUTLINE
1. The Migration Legislation Amendment (Immigration Detainees) Bill 2001
(“the Bill”) amends the Migration Act 1958 (“the
Act”) to:
• strengthen an existing criminal offence, and
introduce new offences, dealing with immigration detainees and their behaviour
while in immigration detention;
• introduce additional powers to
search, without a warrant, immigration detainees;
• apply search
powers in State and Territory legislation to immigration detainees held in a
State or Territory prison or remand centre; and
• introduce
security-monitoring mechanisms in relation to the entry of persons to
immigration detention centres.
2. These amendments were prompted by instances of inappropriate behaviour
by immigration detainees. In June 2000, there were major disturbances and mass
break-outs from the Immigration Reception and Processing Centres (IRPCs) at
Woomera, Port Hedland and Curtin. In August 2000, there was another mass
disturbance at the Woomera IRPC. In January 2001, there were further mass
outbreaks of violence at the Curtin IRPC and Port Hedland IRPC.
3. In
response to this, the Government has taken steps to improve physical security at
detention centres established under the Act. However, the Government also seeks
to strengthen its capacity to manage incidences of inappropriate
behaviour.
4. The measures in the Bill promote the good order and
security of immigration detention centres, as well as the safety of detainees,
staff and other persons located there. The measures also give effect to the
Government’s policy of controlling, preventing and deterring inappropriate
behaviour by immigration detainees.
FINANCIAL IMPACT STATEMENT
5. These amendments will have
minimal financial impact. The additional controls and their deterrent effect
should help to curb the kind of inappropriate behaviour by detainees that can
lead to personal injuries and damage to property.
MIGRATION LEGISLATION AMENDMENT (IMMIGRATION DETAINEES) BILL
2001
NOTES ON INDIVIDUAL CLAUSES
Clause
1 Short title
1. The short title by which this Act may be
cited is the Migration Legislation Amendment (Immigration Detainees) Act
2001.
Clause 2 Commencement
2. Subclause 2(1)
provides that, subject to this section, this Act (other than item 5 of Schedule
1) commences on a day or days to be fixed by Proclamation.
3. Subclause
2(2) provides that, subject to this section, if a provision of this Act (other
than item 5 of Schedule 1) is not proclaimed within 6 months of receiving the
Royal Assent, then it will commence on the first day immediately after the end
of that period.
4. Subclause 2(3) provides that items 1 and 2 of Schedule
1 to this Act do not commence at all, if item 2 of Schedule 1 to the
Migration Legislation Amendment (Application of Criminal Code) Act 2001
commences before items 1 and 2 of Schedule 1 to this Act.
5. Subclause
2(4) provides that item 5 of Schedule 1 to this Act commences or is taken to
have commenced:
• immediately after item 4 of Schedule 1 to this
Act commences, if that item commences on or after the commencement of item 1 of
Schedule 1 to the Migration Legislation Amendment (Application of Criminal
Code) Act 2001; or
• when item 1 of Schedule 1 to the Migration
Legislation Amendment (Application of Criminal Code) Act 2001 commences, if
that item commences after item 4 of Schedule 1 to this Act
commences.
Clause 3 Schedule(s)
6. This clause provides
that each Act specified in a Schedule to this Act is amended or repealed as set
out in the applicable items in the Schedule concerned. In addition, any other
item in a Schedule to this Act has effect according to its terms.
Item 1 Subsection 5(1) (paragraph (d) of the definition of offence
against this Act)
7. This item amends paragraph (d) of the definition of offence against
this Act contained in subsection 5(1) of the Act. As a result of this
amendment, offence against this Act also includes an offence against a
provision of new Division 7A of Part 2 of the Act (see item 3 of this Schedule)
because of section 11.2 or 11.3 of the Criminal Code.
Item 2 Subsection 5(1) (paragraph (e) of the definition of offence
against this Act)
8. This item amends paragraph (e) of the definition of offence against
this Act contained in subsection 5(1) of the Act. As a result of this
amendment, offence against this Act also includes an offence against
section 11.1, 11.4 or 11.5 of the Criminal Code relating to an offence
against new Division 7A of Part 2 of the Act (see item 3 of this Schedule).
Item 3 After Division 7 of Part 2
9. This item inserts new Division 7A after Division 7 of Part 2 of the Act.
10. New Division 7A, which inserts new sections 197A, 197B and 197C into
the Act, deals with offences relating to immigration detention.
11. Subsection 5(1) of the Act contains definitions of
“detainee”, “detain” and “immigration
detention”. “Detainee” means a person detained. To
“detain” a person means:
• to take into immigration
detention; or
• to keep, or cause to be kept, in immigration
detention;
and includes taking such action and using such force as are
reasonably necessary to do so.
12. “Immigration detention”
means:
• being in the company of, and restrained by, an officer or
another person directed by the Secretary to the Department of Immigration and
Multicultural Affairs (“the Secretary”) to accompany and restrain
the detainee; or
• being held by, or on behalf of, an
officer:
- in a detention centre established under the Act; or
- in a
prison or remand centre of the Commonwealth, a State or a Territory; or
- in
a police station or watch house; or
- in relation to a non-citizen who is
prevented, under section 249 of the Act, from leaving a vessel – on that
vessel; or
- in another place approved by the Minister for Immigration and
Multicultural Affairs (“the Minister”) in writing.
13. New section 197A replaces section 491 of the Act, which is repealed by
item 8 of this Schedule. It provides that it is an offence for a detainee to
escape from immigration detention.
14. New section 197A has the same effect as section 491 except that the
attempt to escape offence in section 491 is made redundant by the application of
Chapter 2 of the Criminal Code to all offences against new Division 7A of
Part 2 of the Act (see new section 197C in item 4 of this
Schedule).
15. The maximum penalty for this offence is increased from 2
years imprisonment to 5 years imprisonment. The increase in the maximum penalty
increases its deterrent effect and brings it into line with the penalty for the
offence of escape from lawful custody in section 47 of the Crimes Act
1914 (“the Crimes Act”) (which is inapplicable to
detainees).
16. New section 197B introduces a new offence that applies to certain
behaviour by detainees.
17. Under new subsection 197B(1), a detainee is
guilty of an offence if he or she manufactures, possesses, uses or distributes a
weapon.
18. A weapon is defined in new subsection 197B(2) to
include:
• a thing made or adapted for use for inflicting bodily
injury; or
• a thing where the detainee who has the thing intends or
threatens to use the thing, or intends that the thing be used, to inflict bodily
injury.
19. For example, a toothbrush with a razor blade affixed to it
would be a “weapon” under new subsection 197B(2).
20. The
maximum penalty for this offence is 3 years imprisonment.
21. This item inserts new section 197C after new section 197B, which is
inserted into the Act by item 3 of this Schedule.
22. New section 197C provides that Chapter 2 of the Criminal Code
applies to all offences against new Division 7A of Part 2 of the
Act.
23. Section 11.1 of the Criminal Code provides that a person
who attempts to commit an offence is guilty of the offence of attempting to
commit that offence and is punishable as if the offence attempted had been
committed.
24. For example, a detainee who attempts to escape from
immigration detention is guilty of attempting to commit the offence in new
section 197A. The maximum penalty for attempting to escape from immigration
detention is 5 years imprisonment, which is the same for the offence of escape
itself.
25. Section 11.4 of the Criminal Code provides that a
person who urges the commission of an offence is guilty of the offence of
incitement. For example, a detainee who urges another detainee to escape from
immigration detention is guilty of the offence of incitement.
26. The penalty for the offence of incitement depends on the penalty for the
offence incited and is determined in accordance with the mechanism set out at
the end of section 11.4 of the Criminal Code. This ensures that the
penalty for inciting an offence is not greater than the penalty for the incited
offence.
27. For example, the maximum penalty for a detainee who escapes
from immigration detainee is 5 years imprisonment. Applying the penalty
mechanism contained in section 11.4, the penalty for inciting a detainee to
escape from immigration detention is 3 years imprisonment.
28. This item provides for the repeal of new section 197C in accordance with subsection 2(4) of this Act. Under subsection 2(4), the commencement of this item depends on when item 1 of Schedule 1 to the Migration Legislation Amendment (Application of Criminal Code) Act 2001 commences.
Item 6 At the end of section 252
29. This item inserts a new subsection (9) at the end of section 252 of the
Act.
30. New subsection 252(9) clarifies that a search of a person may
be conducted under section 252 whether or not a search of the person is
conducted under new section 252A. New section 252A is inserted into the Act by
item 7 of this Schedule.
Item 7 After section 252
31. This item inserts new
sections 252A to 252G after section 252 of the Act.
32. New section 252A introduces a power to conduct a strip search of a
detainee. It does not allow the strip search of a detainee to whom section 252F
applies, that is, a detainee held in a State or Territory prison or remand
centre.
33. The power in new section 252A is required for the good order
and security of detention centres as well as the safety of detainees, staff and
other persons located there.
34. This power to conduct a strip search
must be exercised in accordance with the rules for conducting a strip search set
out in new section 252B.
35. New subsection 252A(1) specifies the
purposes for which a strip search may be conducted. It provides that a strip
search of a detainee may be conducted by an authorised officer, without warrant,
to find out whether there is hidden on the detainee, in his or her clothing or
in a thing in his or her possession a weapon, or other thing, capable of being
used:
• to inflict bodily injury; or
• to help the
detainee, or any other detainee, to escape from immigration
detention.
36. Under subsection 5(1) of the Act, “authorised
officer” means an officer authorised in writing by the Minister or
Secretary for the purposes of conducting the strip search under new section
252A.
37. “Strip search” of a detainee is defined in new
subsection 252A(2) to mean a search of the detainee, of his or her clothing or
of a thing in his or her possession. It may include:
• requiring
the detainee to remove some or all of his or her clothing; and
• an
examination of that clothing and of the detainee’s body.
However, a
“strip search” does not include an examination of the
detainee’s body cavities.
38. New subsection 252A(3) provides that
an authorised officer may conduct a strip search of a detainee only if certain
requirements are met.
39. Firstly, under new paragraphs 252A(3)(a) and
252A(3)(b), an officer must suspect on reasonable grounds
that:
• there is hidden on the detainee, in his or her clothing or
in a thing in his or her possession a weapon or other thing described in new
subsection 252A(1); and
• it is necessary to conduct a strip search of
the detainee to recover that weapon or thing.
40. The same officer must
have both these suspicions.
41. Under subsection 5(1) of the Act, an
“officer” means:
• an officer of the Department, other
than an officer specified by the Minister in writing; or
• a person,
other than an officer specified by the Minister in writing, who is:
- an
officer for the purposes of the Customs Act 1901; or
- a protective
service officer for the purposes of the Australian Protective Service Act
1987; or
• a member of the Australian Federal Police or of the
police force of a State or Territory; or
• any other person authorised
by the Minister, by notice published in the Gazette, to be an officer for
the purposes of this Act.
42. Secondly, under new paragraph 252A(3)(c),
the strip search must be authorised by one of the following persons because he
or she is satisfied that there are reasonable grounds for the officer’s
suspicions:
• an SES employee in the Department of Immigration and
Multicultural Affairs (“the Department”) who is authorised by the
Secretary to the Department to authorise a strip search under new section 252A;
or
• a person performing the duties of such an SES employee; or
• another employee in the Department who is authorised by the
Secretary to the Department to authorise a strip search under new section 252A.
43. New subsection 252A(7) provides that “SES employee” has
the meaning given by the Public Service Act 1999.
44. The person
who authorises the strip search under new paragraph 252A(3)(c) must not be the
officer who formed the suspicions in paragraphs 252A(3)(a) and 252A(3)(b) and
must not conduct the strip search.
45. A Department business manager at
a detention centre established under the Act will not be authorised to authorise
a strip search under new section 252A.
46. New subsection 252A(4)
provides that an authorisation of a strip search given for the purposes of new
paragraph 252A(3)(c):
• may be given by telephone, fax or other
electronic means; and
• must be recorded in writing, and signed by the
person giving the authorisation, within one business day after it is
given.
47. “Business day” is defined in new subsection 252A(7) to mean a
day that is not a Saturday, Sunday or public holiday in the place where the
authorisation is given.
48. Under new subsection 252A(5), a failure by
the authorising person to record the authorisation in writing and sign it,
within one business day, does not affect the validity of a strip search
conducted on the basis of that authorisation.
49. New subsection 252A(6) clarifies that a strip search of a detainee may be
conducted under new section 252A whether or not a search of the detainee is
conducted under section 252 of the Act.
50. New section 252B sets out a number of rules for conducting a strip
search of a detainee under new section 252A. These rules are based on those
contained in section 3ZI of the Crimes Act.
51. New paragraph 252B(1)(a)
provides that a detainee must not be subjected to greater indignity than is
reasonably necessary to conduct the strip search.
52. New paragraph
252B(1)(b) provides that a strip search of a detainee must be conducted in a
private area.
53. New paragraph 252B(1)(c) introduces the same-sex rule. It provides that
a strip search must only be conducted by an authorised officer of the same sex
as the detainee.
54. New paragraph 252B(1)(d) adds to the same-sex rule
contained in new paragraph 252B(1)(c). It provides that a strip search must not
be conducted in the presence or view of a person who is of the opposite sex to
the detainee. This requirement is subject to the exceptions in new subsections
252B(2) and 252B(3).
55. New paragraph 252B(1)(e) provides that a strip
search must not be conducted in the presence or view of a person whose presence
is not necessary for the purposes of the strip search. This requirement is
subject to the exceptions in new subsections 252B(2) and 252B(3).
56. New paragraph 252B(1)(f) prohibits a strip search of a detainee who
is under 10 years of age.
57. New paragraph 252B(1)(g) introduces an
additional requirement where the detainee is between the age of ten and eighteen
or is incapable of managing his or her affairs. A strip search of such a
detainee must be conducted in the presence of:
• the detainee’s parent or guardian if that person is in
immigration detention with the detainee and is readily available at the same
place; or
• if that is not acceptable to the detainee, or the first dot
above point does not apply – another person (other than an authorised
officer) who is capable of representing the detainee’s interests and who,
as far as is practicable in the circumstances, is acceptable to the
detainee.
58. New paragraph 252B(1)(h) provides that the power to strip search a detainee does not extend to a search of the detainee’s body cavities. This is consistent with the definition of “strip search” contained in new subsection 252A(2).
59. New paragraph 252B(1)(j) provides that a strip search must not
involve:
• the removal of more items of clothing; or
• more visual
inspection;
than the authorised officer conducting the strip search
believes on reasonable grounds to be necessary to determine whether there is
hidden on the detainee, in his or her clothing or in a thing in his or her
possession, a weapon or other thing described in new subsection 252A(1).
60. New paragraph 252B(1)(k) restricts the use of force by an authorised
officer conducting a strip search to that which is reasonably necessary to
conduct the strip search.
61. New subsection 252B(2) provides that new
paragraphs 252B(1)(d) and 252B(1)(e) do not apply to a parent or
guardian, or a person present because of new subparagraph 252B(1)(g)(ii), so
long as the detainee has no objection to that person being present.
62. Under new subsection 252B(3), a strip search of a detainee may be
conducted with the assistance of another person if the authorised officer
conducting the strip search considers it necessary for the purposes of
conducting the strip search. However, this person must not be of the opposite
sex to the detainee unless:
• the person is a medical practitioner; and
• a medical
practitioner of the same sex as the detainee is not available within a
reasonable time.
63. New subsection 252B(4) protects a person who assists in conducting a
strip search from an action or proceeding, whether civil or criminal, if that
person acts in good faith and does not contravene the rules set out in new
section 252B.
64. New subsection 252B(5) provides that a detainee must be given adequate
clothing if, during or as a result of a strip search, any of his or her clothing
is:
• damaged or destroyed;
• retained under new section
252C.
65. New section 252C provides for the retention of certain things found
during a strip search under new section 252A. It is based on section 3ZV of the
Crimes Act and complies with Commonwealth criminal law policy.
66. New
subsection 252C(1) allows an authorised officer to take possession of and retain
a thing found in the course of conducting a strip search, if the thing:
• might provide evidence of the commission of an offence against this
Act; or
• is forfeited or forfeitable to the Commonwealth.
67. Under new subsection 252C(2), a weapon or other thing described in
new subsection 252A(1) is forfeited to the Commonwealth if it is found in the
course of conducting a strip search.
68. New subsection 252C(3)
prohibits an authorised officer from returning a thing that is forfeited or
forfeitable to the Commonwealth. Instead, the authorised officer must, as soon
as practicable, give the thing to a constable (within the meaning of the Crimes
Act).
69. Under subsection 3(1) of the Crimes Act,
“constable” is defined to mean a member or special member of the
Australian Federal Police, or a member of the police force or police service of
a State or Territory.
70. New subsection 252C(4) requires an authorised
officer to take reasonable steps to return any other thing retained under
new subsection 252C(1) to the person from whom it was taken or to the owner if
that person is not entitled to possess it. This must be done
if:
• it is decided that the thing is not to be used in evidence;
or
• the period of 60 days after the authorised officer takes
possession of the thing ends.
71. However, new subsection 252C(5) sets out a number of exceptions to the
requirement in new subsection 252C(4). It provides that an authorised officer
does not have to take reasonable steps to return a thing if:
• proceedings in respect of which the thing might provide evidence have
been instituted before the end of the 60 day period and have not been completed
(including an appeal to a court in relation to those proceedings);
or
• an order under new section 252E has been made permitting an
authorised officer to retain the thing for a further period; or
• the
authorised officer is otherwise authorised (by a law, or an order of a court or
tribunal, of the Commonwealth or a State or a Territory) to retain, destroy or
dispose of the thing.
Section 252D Authorised officer may apply for a
thing to be retained for a further period
72. New section 252D
provides for the extension of the period that a thing, found in the course of
conducting a strip search under new section 252A, may be retained. It is based
on section 3ZW of the Crimes Act and complies with Commonwealth criminal law
policy
73. Under new subsections 252D(1) and 252D(2), an authorised
officer may apply to a magistrate for an order that a thing retained under new
subsection 252C(4) may be retained for a further period. Such an application
may be made if proceedings in respect of which the thing might provide evidence
have not commenced before the end of:
• 60 days after the
authorised officer takes possession of the thing; or
• a period
previously specified in an order of a magistrate under new section 252E.
74. However, before applying for an extension of the retention period, new
subsection 252D(3) requires the authorised officer to:
• take
reasonable steps to discover which persons’ interests would be affected by
the retention of the thing; and
• if it is practicable to do so, notify
all such persons of the proposed application.
Section 252E Magistrate
may order that thing be retained
75. Under new subsection 252E(1), a
magistrate may order that the authorised officer, who made an application under
new section 252D, may retain the thing. A magistrate may make such an order if
he or she is satisfied that it is necessary for the authorised officer to retain
the thing:
• for the purposes of an investigation as to whether an
offence has been committed; or
• to enable evidence of an offence to be
secured for the purposes of a prosecution.
76. New subsection 252E(2)
provides that the order must specify the period for which the authorised officer
may retain the thing.
77. New subsections 252E(1) and 252E(2) are based
on section 3ZW of the Crimes Act and comply with Commonwealth criminal law
policy.
78. New subsection 252E(3) provides that a power conferred on a
magistrate by new section 252E is conferred on the magistrate in a personal
capacity and not as a court or a member of a court.
79. However, new subsection 252E(4) provides that a magistrate need not
accept the power conferred by new section 252E. This makes it clear that the
exercise of the power conferred by new section 252E must be voluntary.
80. Under new subsection 252E(5), a magistrate who exercises a power
under new section 252E will have the same protection and immunity as if he or
she were exercising that power as a court, or as a member of the court, of which
he or she is a member. This ensures that the same protection enjoyed by a State
or Territory magistrate as a judicial office holder extends to the exercise of
the power conferred by new section 252E.
81. It is necessary, for
constitutional reasons, for new subsections 252E(3) to 252E(5) to clarify that
the power conferred on a magistrate by new section 252E is conferred in a
personal and voluntary capacity.
82. This is because an order extending the retention period involves the exercise of a function or power that is neither judicial nor incidental to a judicial function power. In essence, non-judicial functions or powers must be conferred in a personal capacity because judicial office holders (for example, a magistrate) must only exercise Commonwealth judicial functions in their official capacity.
83. Failure to adhere to this may undermine the fundamental separation of
powers doctrine enshrined in Chapter III of the Commonwealth Constitution (see
for example, Grollo v Commissioner of the Australian Federal Police
(1995) 131 ALR 225 and Hilton v Wells (1985) 157 CLR 57).
84. New section 252F makes specific provision for the
“search” of a detainee held in immigration detention in a prison or
remand centre of a State or Territory.
85. New subsection 252F(1)
provides that section 252F applies to a detainee if:
• he or she is held in immigration 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.
86. New subsection 252F(2) provides that a law of a State or Territory
that confers such a power, or affects the exercise of that power, applies to the
detainee as though it were a law of the Commonwealth.
87. New subsection 252F(3) clarifies that new section 252A does not apply to a detainee if new section 252F applies to that detainee.
Section 252G Powers concerning entry to a detention centre
88. New section 252G provides certain powers relating to the entry of a person to an immigration detention centre established under the Act. This power is required for the good order and security of detention centres as well as the safety of detainees, staff and other persons located there.
89. Under new subsection 252G(1), an officer may request a person about to
enter a detention centre to do one or more of the following:
• walk through screening equipment;
• allow an officer to
pass hand-held screening equipment over or around the person or around things in
the person’s possession;
• allow things in the person’s
possession to pass through screening equipment or to be examined by
X-ray.
90. “Screening equipment” is defined in new subsection 252G(2) to mean a metal detector or similar device for detecting objects or particular substances.
91. New subsection 252G(3) allows an authorised officer, in certain
circumstances, to request a person, who is about to enter a detention centre, to
do some or all of the things listed in new subsection 252G(4). An authorised
officer may make such a request if he or she suspects on reasonable grounds that
the person has in his or her possession a thing that might:
• endanger the safety of the detainees, staff or other persons at the
detention centre; or
• disrupt the order or security arrangements at
the detention centre.
92. A request under new subsection 252G(3), to do some or all of things listed in new subsection 252G(4), may be made for the purposes of finding out whether a person has such a thing.
93. A request made under new subsection 252G(3) may be made whether or
not a request is also made to the person under new subsection
252G(1).
94. New subsection 252G(4) lists the things that an authorised
officer may request a person about to enter a detention centre to do for the
purposes of subsection 252G(3). An authorised officer may request the person to
do one or more of those things.
95. Under new paragraph 252G(4)(a), an
authorised officer may request a person to allow him or her to inspect things in
the person’s possession.
96. Under new paragraph 252G(4)(b), an authorised officer may request a person to remove some or all of the person’s outer clothing such as a coat, jacket or similar item.
97. Under new paragraph 252G(4)(c), an authorised officer may request a person to remove items from the pockets of the person’s clothing.
98. Under new paragraph 252G(4)(d), an authorised officer may request a person to open a thing in the person’s possession, or remove the thing’s contents, so that he or she may inspect the thing or its contents.
99. Under new paragraph 252G(4)(e), an authorised officer may request a
person to leave a thing, or some or all of its contents, in a specified place.
An authorised officer may make such a request if he or she suspects on
reasonable grounds that the thing or its contents are capable of concealing
something that might:
• endanger the safety of the detainees, staff or other persons at the
detention centre; or
• disrupt the order or security arrangements at
the detention centre.
100. New subsection 252G(5) provides that a person is entitled to the return
of a thing (including any of its contents), that he or she leaves in a specified
place under new paragraph 252G(4)(e), when he or she leaves the detention
centre.
101. However, new subsection 252G(6) provides an exception to new
subsection 252G(5). If possession of the thing, or any of its contents, by the
person is unlawful under a Commonwealth law or in the State or Territory in
which the detention centre is located then:
• the thing or the
contents must not be returned to the person; and
• an authorised
officer must, as soon as practicable, give the thing or the contents to a
constable (within the meaning of the Crimes Act).
102. New subsection 252G(6) avoids the incongruous situation of
having to return an item found in a person’s possession if possession of
it is illegal under Commonwealth, State or Territory law.
103. Under new
subsection 252G(7), a person who is about to enter a detention centre
established under the Act may be refused entry if he or she does not comply with
a request under new section 252F. Compliance with a request made under new
section 252G does not guarantee entry as there may be other reasons for refusing
entry.
Item 8 Section 491
104. This item repeals section 491 of the Act. New section 197A, which is
inserted into new Division 7A of Part 2 of the Act by item 3 of this Schedule,
replaces section 491.