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STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 108K
Entry with consent
108K Entry with consent
(1) This section applies if an enforcement officer intends to ask an occupier
of premises to consent to the enforcement officer or another enforcement
officer entering the premises under section 108I .
(2) Before asking for the
consent, the enforcement officer must show the occupier the immobilisation
warrant and tell the occupier— (a) the purpose of the entry; and
(b) that
the occupier is not required to consent.
(3) If the consent is given, the
enforcement officer may ask the occupier to sign an acknowledgement of the
consent.
(4) The acknowledgement must state— (a) the occupier has been
told— (i) the purpose of the entry; and
(ii) that the occupier is not
required to consent; and
(b) the purpose of the entry; and
(c) the occupier
gives the enforcement officer consent to enter and re-enter the premises and
enforce the warrant; and
(d) the time and date the consent was given.
(5) If
the occupier signs the acknowledgement, the enforcement officer must
immediately give a copy to the occupier.
(6) If— (a) an issue arises in a
proceeding about whether the occupier consented to the entry or re-entry; and
(b) an acknowledgement complying with subsection (4) for the entry or re-entry
is not produced in evidence;
the onus of proof is on the person relying on the
lawfulness of the entry or re-entry to prove the occupier consented.
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