Tobacco and Other Smoking Products Act 1927

For section 37 (1) (b), an authorised officer must—

before asking the occupier for consent—tell the occupier—

the purpose of the proposed entry; and

the reason for, and identity of, any other person accompanying the authorised officer; and

that anything found and seized under this part may be used as evidence in court; and

that consent may be refused; and

if the occupier consents to the entry—give the occupier a written record confirming—

the matters mentioned in paragraph (a); and

that the occupier was told about those matters; and

the time and date when the consent was given.

A court must find that the occupier did not consent if—

a question arises in a proceeding before the court about whether the occupier consented to the authorised officer entering the premises under this part; and

a record mentioned in subsection (1) (b) is not produced in evidence; and

it is not proved that the occupier consented to the entry.