← Back to bills❌This bill did not pass parliament4 Dec 2024
The bill was rejected or lapsed before becoming law.
🏛 House of Representatives3 readingsAmendments circulated
Migration Amendment (Prohibiting Items in Immigration Detention Facilities) 2024
✦ Plain-English Summary
# Migration Amendment (Prohibiting Items in Immigration Detention Facilities) 2024
## What it does
This law gives authorities clearer power to decide what items detainees can't have in immigration detention facilities, and to search for and seize those items. It creates a new definition of "prohibited things" — which can include items that are illegal under Australian law, plus other items the government determines are risks (like mobile phones).
## Why it matters
Detention centre staff will now have a legal framework to confiscate items they consider security risks, which could affect detainees' ability to contact lawyers, family, or advocates. The law applies to all detainees in immigration facilities, regardless of their circumstances.
## Key details
- **What counts as prohibited**: The bill defines two categories — items that are already illegal under Commonwealth, state or territory law, plus anything the government separately determines is risky (like phones). Mobile phones can be banned even if they're not otherwise illegal.
- **Who it affects**: Anyone in immigration detention, whether in official facilities or other places where immigration detainees are held.
- **When it starts**: The law hasn't kicked in yet. The government has up to 6 months from royal assent to bring it into force, or it automatically starts after that period ends.
Official Description
Amends the Migration Act 1958 to enable the Minister to determine prohibited things in relation to immigration detention facilities and detainees, if the Minister if satisfied that possession or use of that thing might be a risk to the health, safety or security of persons in the facility, or to the order of the facility; expand powers to search, screen and seize prohibited things in relation to immigration detention facilities and detainees without a warrant; and enable, in certain circumstances, a detainee to continue to have access to alternative means of communication following seizure of a communication device.
Committee Referrals
Parliamentary Joint Committee on Human Rights; Senate Standing Committee for the Scrutiny of Bills
Audit History
Last updated on APH
10 Apr 2026
Last checked by Crossbench
today
🗳️No formal division recorded
This bill passed by voice vote — parliament agreed without calling a formal count. A division is only recorded when a member explicitly requests one.
Constituent votes
Voting is closed — this bill has been decided by parliament.
No votes yet.
No votes were recorded for this bill.
🔒 Voting closed — this bill has been decided by parliament