167Obtaining the consent of the occupier

167 Obtaining the consent of the occupier S. 167(1) amended by No. 11/2016 s. 108(1). (1) For the purposes of obtaining the consent of an occupier of land or premises under section 166 an authorised officer or Aboriginal heritage officer may, without the occupier's consent— (a) enter the land or premises to an extent that is reasonable in order to contact the occupier; or S. 167(1)(b) amended by No. 11/2016 s. 108(2). (b) enter a part of the land or premises that the authorised officer or Aboriginal heritage officer reasonably considers members of the public would ordinarily be allowed to enter when they wish to contact the occupier. S. 167(2) amended by No. 11/2016 s. 108(3). (2) When seeking to obtain the consent of an occupier of land or premises under section 166, an authorised officer or Aboriginal heritage officer must inform the occupier— (a) of the purpose of the entry; and S. 167(2)(b) amended by No. 11/2016 s. 108(4). (b) if the authorised officer or Aboriginal heritage officer intends to search the land or premises, the purpose of the search; and (c) 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 (d) that the occupier may refuse to consent to the taking of any copy of or extract from a document found on the premises during the search; and (e) that any thing seized or taken during the search with the consent of the occupier may be used in evidence in proceedings. S. 167(3) amended by No. 11/2016 s. 108(5). (3) If an occupier consents to an entry and search, the authorised officer or Aboriginal heritage officer who requested consent must, before entering the land or 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 of or extract from a document; and (c) that the occupier has consented to such an entry and search; and (d) the date and time that the occupier consented. S. 167(4) amended by No. 11/2016 s. 108(6). (4) If an occupier consents to the seizure or taking of any thing during a search under this section, the authorised officer or Aboriginal heritage 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. S. 167(5) amended by No. 11/2016 s. 108(7). (5) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the authorised officer or Aboriginal heritage officer leaves the land or premises. (6) 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. S. 168 amended by No. 11/2016 s. 109.