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COMMONWEALTHAct
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s 53

Consent

In force
Part 4Compliance and enforcement
Division 3Investigation
Subdivision BObligations and incidental powers of inspectors

53 Consent

(1)

Before obtaining the consent of a relevant person in relation to an investigation area for the purposes of paragraph 47(2)(a), an inspector must inform the relevant person that the person may refuse consent.

(2)

A consent has no effect unless the consent is voluntary.

(3)

A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.

(4)

A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.

(5)

If an inspector entered an investigation area because of the consent of a relevant person in relation to the investigation area, the inspector, and any person assisting the inspector, must leave the investigation area if the consent ceases to have effect.

(6)

If:

(a)

an inspector enters an investigation area because of the consent of a relevant person in relation to the investigation area; and

(b)

the inspector has not shown that person, or another relevant person in relation to the investigation area, the inspector’s identity card before entering the investigation area;

the inspector must do so on, or as soon as is reasonably practicable after, entering the investigation area.

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