Consent to entry
19 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.
Before asking for the consent, the authorised person must tell the occupier—
the reason for the entry; and
that the occupier is not required to consent.
If the consent is given, the authorised person must ask the occupier to sign an acknowledgment of the consent.
The acknowledgment must state that—
the occupier was told—
the reason for the entry; and
that the occupier is not required to consent; and
the occupier gives an authorised person consent to enter the premises and exercise powers under this part; and
the time and date the consent was given.
If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier.
A court may assume that the occupier did not consent if—
a question arises, in a proceeding in the court, whether the occupier consented to the authorised person entering the premises under this part; 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.
Division 4.3 Dealing with litter
Subdivision 4.3.1 Dealing with litter—removal etc by person
This Act’s bill:Explanatory statementSecond reading speech
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