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s 77

Consent to entry

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Part 5Inspection and analysis
Division 5.2Authorised officers’ powers

77 Consent to entry

(1)

Before obtaining the consent of a person for the purposes of section 76 (1), an authorised officer must—

(a)

produce the officer’s identity card; and

(b)

produce the officer’s authorisation, unless the authorised officer is the chief health officer; and

(c)

inform that person that they may refuse to give consent.

(2)

Where an authorised officer obtains the consent of a person for the purposes of section 76 (1), the authorised officer must ask the person to sign a written acknowledgment—

(a)

of the fact that the person has been informed that the person may refuse to give consent; and

(b)

of the fact that the person has voluntarily given consent; and

(c)

of the day on which, and the time at which, that consent was given.

(3)

Where it is material in any proceedings for a court to be satisfied of the voluntary consent of a person for the purposes of section 76 (1) and an acknowledgment, in accordance with subsection (2) of this section, signed by the person is not produced in evidence, the court must assume, unless the contrary is proved, that the person did not voluntarily give such consent.

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