Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 27

27 Consent to entry

(1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another officer entering the place.

(2) Before asking for the consent, the officer must inform the occupier—

(a) of the purpose of the entry; and

(b) that the occupier is not required to consent.

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

(4) The acknowledgement must state—

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

(b) that the following have been explained to the occupier—

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

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

(c) that the occupier gives the authorised officer or another authorised officer 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.

(5) If the occupier signs an acknowledgement of consent, the officer must immediately give a copy to the occupier.

(6) Subsection (7) applies to a court if—

(a) a question arises, in a proceeding in or before the court, whether the occupier of a place consented to an authorised officer entering the place under this Act; and

(b) an acknowledgement under this section is not produced in evidence for the entry; and

(c) it is not proved that the occupier consented to the entry.

(7) The court may presume that the occupier did not consent.