Consent to entry
22UE Consent to entry
This section applies if an authorised person intends to ask the occupier of premises to consent to the authorised person entering the premises under section 22UC (1) (b).
Before asking for the consent, the authorised person must—
show the occupier the person’s identity card; and
tell the occupier—
the purpose of the entry; and
that any information, document or other thing obtained under this subdivision may be—
used as evidence for action to be taken under section 22T; or
given to another authority under section 22UG and that authority may use the information, document or other thing as evidence in court; and
that consent may be refused.
If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)—
that the occupier was told the matters mentioned in subsection (2) (b); and
that the occupier consents to the entry; and
stating the time and date when consent was given.
If the occupier signs an acknowledgment of consent, the authorised person must, as soon as practicable, give a copy to the occupier.
If information, a document or any other thing obtained under this subdivision is used in a proceeding under a law in force in the Territory, a court must find that an occupier did not consent to entry to premises by an authorised person if—
a question arises, in a proceeding in the court, whether the occupier consented to the entry; and
an acknowledgment of consent for the entry is not produced in evidence; and
it is not proved that the occupier consented to the entry.
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