328Additional 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—

2. to prevent the detained person from harming any person; or
3. to prevent the detained person from damaging any property; or
4. to prevent the detained person from escaping or attempting to escape from detention; or
5. to recapture the person, if the person is fleeing, having escaped from detention.

6. By virtue of section 82 of the Search and Surveillance Act 2012, sections 85 to 87 of that Act (about rub-down searches) apply to this section, and by virtue of section 89(1)(e) of that Act, Part 4 of that Act (and in particular sections 124 to 126 (about searches of the person)) also applies.

7. Repealed

8. Repealed

9. Repealed

10. 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).

Notes

• Section 328(2): replaced, on 7 May 2015, by section 78 of the Immigration Amendment Act 2015 (2015 No 48).
• Section 328(3): repealed, on 7 May 2015, by section 78 of the Immigration Amendment Act 2015 (2015 No 48).
• Section 328(4): repealed, on 7 May 2015, by section 78 of the Immigration Amendment Act 2015 (2015 No 48).
• Section 328(5): repealed, on 7 May 2015, by section 78 of the Immigration Amendment Act 2015 (2015 No 48).