What are my rights if immigration officials want to search my property?

Here's a breakdown of your rights if immigration officials want to search your property, according to the provided legislation:

In Plain English

Okay, so if immigration officials want to search your property, here's what you need to know:

• Consent or Warrant: Generally, they need your permission (consent) or a search warrant to enter your property.
• Showing ID: If they ask for your consent to enter, they have to show you their ID if you ask.
• Withdrawing Consent: If you give them permission to enter, you can change your mind and withdraw your consent at any time, and they have to leave. This withdrawal of consent needs to be in writing.
• What They Can Search For: What they're allowed to search for depends on whether they have your consent or a warrant. If they have a warrant, it will specify what they are allowed to search for.
• Reasonable Force: They can only use reasonable force when searching.
• Copies and Receipts: If they seize something, you're entitled to a copy of what they took and a receipt.

Detailed Explanation

Your rights during a property search by immigration officials are primarily governed by the Migration Act 1958 and related regulations, as well as general search warrant provisions found in the Crimes Act 1914. Here's a breakdown:

• Consent or Search Warrant Required: An authorised officer needs either the occupier's consent or a search warrant to enter premises to search for evidential material related to work-related offences or provisions under the Migration Act 1958. See section 487D of the Migration Amendment (Reform of Employer Sanctions) Act 2013.
• Consent Requirements:
  • The authorised officer must believe on reasonable grounds that there are goods intended to be exported in the premises Customs Act 1901.
  • The occupier of the premises must consent in writing to the entry and search Customs Act 1901.
  • Before obtaining consent, the officer must inform the occupier that they can refuse consent Customs Act 1901.
  • The officer must produce their identity card to the occupier before entering or exercising any powers Customs Act 1901.
  • The occupier can withdraw their consent in writing, at which point the officer must leave the premises Customs Act 1901.
• Search Warrant Requirements:
  • An authorised officer can apply to an issuing officer (e.g. a judge) for a search warrant Migration Amendment (Reform of Employer Sanctions) Act 2013.
  • The issuing officer must be satisfied by information on oath or affirmation that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, evidential material on the premises Migration Amendment (Reform of Employer Sanctions) Act 2013.
  • The warrant must state the relevant offence or provision, describe the premises, state the warrant's purpose, specify the kind of evidential material to be searched for, name the authorised officers, authorise entry and exercise of powers, state the permitted hours of entry, and specify the warrant's expiry date (no more than 1 week after issue) Migration Amendment (Reform of Employer Sanctions) Act 2013.
• Powers During a Search:
  • If entry is with consent, the officer can search for the evidential material they reasonably suspect is on the premises Migration Amendment (Reform of Employer Sanctions) Act 2013.
  • If entry is under a warrant, the officer can search for the kind of evidential material specified in the warrant and seize evidential material of that kind Migration Amendment (Reform of Employer Sanctions) Act 2013.
  • The officer can inspect, examine, take measurements of, conduct tests on, or take samples of evidential material Migration Amendment (Reform of Employer Sanctions) Act 2013.
  • The officer can make still or moving images or recordings of the premises or evidential material Migration Amendment (Reform of Employer Sanctions) Act 2013.
  • The officer can bring equipment and materials onto the premises Migration Amendment (Reform of Employer Sanctions) Act 2013.
  • The officer can operate electronic equipment on the premises if they reasonably suspect it or a related storage device contains evidential material Migration Amendment (Reform of Employer Sanctions) Act 2013.
  • If entry is under a warrant, the officer can seize electronic equipment and storage devices containing evidential material Migration Amendment (Reform of Employer Sanctions) Act 2013.
  • The officer can operate electronic equipment to put evidential material in documentary form and remove the documents Migration Amendment (Reform of Employer Sanctions) Act 2013.
  • The officer can transfer evidential material to a storage device brought to the premises or already on the premises with the occupier's written agreement Migration Amendment (Reform of Employer Sanctions) Act 2013.
• Occupier's Rights and Responsibilities:
  • The occupier is entitled to observe the execution of a search warrant if present, unless they impede the execution Migration Amendment (Reform of Employer Sanctions) Act 2013.
  • The occupier must provide reasonable facilities and assistance for the effective exercise of the officer's powers Migration Amendment (Reform of Employer Sanctions) Act 2013.
  • If the officer seizes something that can be readily copied, the occupier can request a copy, which the officer must provide as soon as practicable unless possession of the item by the occupier could constitute an offence Migration Amendment (Reform of Employer Sanctions) Act 2013.
  • The officer must provide a receipt for seized items Migration Amendment (Reform of Employer Sanctions) Act 2013.
• Reasonable Force: In searching a thing (including a vehicle), a police officer may use such force as is reasonable and necessary in the circumstances, but must not damage the thing by forcing it, or a part of it, open unless the person has been given a reasonable opportunity to open the thing or part of it, or it is not possible to give that opportunity Crimes Act 1914.