Queensland Consolidated Acts

FAIR TRADING INSPECTORS ACT 2014 - SECT 26

26 Consent acknowledgement

(1) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.

(2) The acknowledgement must state—

(a) the purpose of the entry, including the powers to be exercised; and

(b) the following has been explained to the occupier—

(i) the purpose of the entry, including the powers intended to be exercised;

(ii) that the occupier is not required to consent;

(iii) that the consent may be given subject to conditions and may be withdrawn at any time; and

(c) the occupier gives the inspector or another inspector consent to enter the place and exercise the powers; and

(d) the time and day the consent was given; and

(e) any conditions of the consent.

(3) If the occupier signs the acknowledgement, the inspector must immediately give a copy to the occupier.

(4) However, if it is impractical for the inspector to give the occupier a copy of the acknowledgement immediately, the inspector must give the copy as soon as practicable.

(5) If—

(a) an issue arises in a proceeding about whether the occupier consented to the entry; and

(b) an 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.