Consent to entry
80CJ Consent to entry
When seeking the consent of an occupier for entering premises under this part an officer must—
produce the officer’s identity card; and
tell the occupier—
the purpose of the entry; and
that anything found and seized under this part may be used in evidence in court; and
that consent may be refused.
If the occupier consents, the officer must ask the occupier to sign a written acknowledgment—
that the occupier was told—
the purpose of the entry; and
that anything found and seized under this part may be used in evidence in court; and
that consent may be refused; and
that the occupier consented to the entry; and
stating the time, and day, when consent was given.
If the occupier signs an acknowledgment of consent, the officer must immediately give a copy to the occupier.
Unless the contrary is proven, a court must presume that an occupier of premises did not consent to an entry to the premises by an officer under this part if—
the question whether the occupier consented to the entry arises in proceedings in the court; and
an acknowledgment under this section is not produced in evidence for the entry; and
it is not proved that the occupier consented to the entry.
In this section:
occupier, of premises, includes—
a person an officer believes on reasonable grounds to be an occupier of the premises; and
a person apparently in charge of the premises.
Division 6.5 Search warrants
This Act’s bill:Explanatory statementSecond reading speech
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