sec.116Entry with consent

sec.116 Entry with consent

This section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 111 (1) (a) . Before asking for the consent, the authorised person must tell the occupier— the purpose of the entry; and that the occupier is not required to consent. If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent. The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the authorised person consent to enter the place and exercise powers under this part; and the time and date the consent was given. If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier. If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (4) 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. If the occupier gives permission, the authorised person may stay on the property and exercise the powers that the occupier has agreed to be exercised on the property. However, the right to stay on the property— is subject to any conditions that the occupier imposes including, for example, about the times when the property may be entered; and may be cancelled by the occupier at any time. (sec.116-ssec.1) This section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 111 (1) (a) . (sec.116-ssec.2) Before asking for the consent, the authorised person must tell the occupier— the purpose of the entry; and that the occupier is not required to consent. (sec.116-ssec.3) If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent. (sec.116-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the authorised person consent to enter the place and exercise powers under this part; and the time and date the consent was given. (sec.116-ssec.5) If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier. (sec.116-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (4) 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. (sec.116-ssec.7) If the occupier gives permission, the authorised person may stay on the property and exercise the powers that the occupier has agreed to be exercised on the property. (sec.116-ssec.8) However, the right to stay on the property— is subject to any conditions that the occupier imposes including, for example, about the times when the property may be entered; and may be cancelled by the occupier at any time.