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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.3H

Procedure for obtaining consent to searches under section 5.8.3F or 5.8.3G

    (1)     An authorised officer must not enter and search any relevant premises under section 5.8.3F or  5.8.3G with the consent of the occupier unless, before the occupier consents to that entry, the officer has—

        (a)     produced for inspection his or her identity card and the document issued under section 5.8.2(3) setting out the powers under the relevant section, which the officer is authorised to exercise; and

        (b)     informed the occupier—

              (i)     of the purpose of the search; and

              (ii)     that the occupier may refuse to give consent to the entry and search or to the seizure of any thing found during the search; and

              (iii)     that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search; and

              (iv)     that any thing seized or taken during the search with the consent of the occupier may be used in evidence in proceedings.

    (2)     If an occupier consents to an entry and search, the authorised officer who requested consent must before entering the relevant premises ask the occupier to sign an acknowledgment stating—

        (a)     that the occupier has been informed of the purpose of the search and that any thing seized or taken in the search with the consent of the occupier may be used in evidence in proceedings; and

        (b)     that the occupier has been informed that he or she may refuse to give consent to the entry and search or to the seizure of any thing or to the taking of any copy or extract; and

        (c)     that the occupier has consented to the entry and search; and

        (d)     the date and time that the occupier consented.

    (3)     If an occupier consents to the seizure or taking of any thing during a search under section 5.8.3F or  5.8.3G, the authorised officer must, before seizing or taking the thing, ask the occupier to sign an acknowledgment stating—

        (a)     that the occupier has consented to the seizure or taking of the thing; and

        (b)     the date and time that the occupier consented.

    (4)     An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the authorised officer leaves the relevant premises.

    (5)     If, in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure or the taking of the thing.

    (6)     For the purposes of this Part, a person does not obstruct or hinder an authorised officer by refusing to consent to an entry or the exercise of a power under section 5.8.3F or  5.8.3G.

    (7)     Consent given under this section may be withdrawn at any time.

    (8)     If consent given under this section is withdrawn, the exercise of any power under section 5.8.3F or  5.8.3G that is reliant on that consent must immediately cease.

S. 5.8.3I inserted by No. 71/2010 s. 44.



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