Consent acknowledgement
62E Consent acknowledgement
If the consent is given, the investigator may ask the occupier to sign an acknowledgement of the consent.
The acknowledgement must state—
the purpose of the entry, including the powers to be exercised; and
that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and
that the occupier has been told—
that the occupier is not required to consent; and
that the consent may be given subject to conditions and may be withdrawn at any time; and
that the occupier gives the investigator or another investigator consent to enter the place and exercise the powers; and
the day and time the consent was given; and
any conditions of the consent.
If the occupier signs the acknowledgement, the investigator must immediately give a copy to the occupier.
If—
an issue arises in a proceeding about whether the occupier consented to the entry; and
a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.
This Act’s bill:Explanatory memorandum
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