Tow Truck Act 2023

If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.

The acknowledgement must state—

the purpose of the entry, including the powers intended 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 the matters mentioned in section 88(b); and

that the occupier gives the authorised officer or another authorised officer 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 authorised officer 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.