Australian Capital Territory Current Acts

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Consent to entry

    (1)     This section applies if the consent of the occupier of premises is sought by an inspector or an authorised officer for entry to the premises for section 81 or section 83.

    (2)     If this section applies, before seeking the consent of the occupier of premises for entering premises, an officer must inform the occupier that the occupier may refuse to give that consent.

    (3)     If this section applies and an officer obtains consent from an occupier to enter premises, the officer must ask the occupier to sign an acknowledgment—

        (a)     that the occupier has been informed that the occupier may refuse to give that consent; and

        (b)     that the occupier has given the officer consent, for that provision, to enter the premises and to exercise the powers of an officer under section 82, section 84 or section 85; and

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

    (4)     If this section applies, an officer is not authorised to remain on the premises if, on request by or on behalf of the occupier of the premises, the officer does not show the officer's identity card to the occupier.

    (5)     If a police officer exercises the power of an inspector to enter premises, subsection (4) only applies if the police officer is not in uniform.

    (6)     If it is material, in any proceedings, for a court to be satisfied, for this section, of the consent of an occupier, and an acknowledgment in accordance with subsection (3) is not produced in evidence, it must be presumed that the occupier did not consent unless the contrary is established.

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