Section 254 — Removees and deportees held in other custody

(1) This section applies if a person is a removee or a deportee and is in the custody of an authority of the Commonwealth, a State or a Territory, otherwise than under this Act. Migration Act 1958 535 Part 2 Arrival, presence and departure of persons Division 13 Examination, search, detention and identification

(2) The Secretary or Australian Border Force Commissioner may give the person written notice:

(a) if the person is a deportee:

(i) stating that a deportation order has been made; and

(ii) setting out particulars of the deportation order; and

(b) if the person is a removee—stating that the person is to be removed; and

(c) in any case—stating that, from the time when the person would otherwise be entitled to be released from the custody referred to in subsection (1) (the custody transfer time), the person will be kept in immigration detention.

(2A) If a removee is given notice under subsection (2):

(a) the authority who has custody of the removee immediately before the custody transfer time is taken from the custody transfer time to be an officer for the purposes of the application of Division 7 of Part 2 in relation to the removee; and

(b) the removee is taken from the custody transfer time to be detained by the authority in the capacity of such an officer in the exercise of the powers conferred by that Division.

(3) If a deportee is given notice under subsection (2):

(a) the authority who has custody of the deportee immediately before the custody transfer time is taken from the custody transfer time to be an officer for the purposes of the application of subsection 253(1) in relation to the deportee; and

(b) the deportee is taken from the custody transfer time to be detained by the authority in the capacity of such an officer in the exercise of the powers conferred by subsection 253(1); and

(c) subsection 253(3) does not apply in relation to the deportee.