164Acknowledgement of consent to entry and search

164 Acknowledgement of consent to entry and search (1) If an occupier of premises consents to the entry and search of the premises by an inspector under section 162, the inspector must, before entering the premises, ask the occupier to sign an acknowledgment. (2) For the purpose of subsection (1), the acknowledgment must state— (a) that the occupier has been informed— (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 give consent to the taking of any sample of goods or any copy or extract from a document found on the premises during the search; and S. 164(2)(a)(iiia) inserted by No. 13/2017 s. 7. (iiia) that the occupier may refuse to produce any document required to be produced for examination; and (iv) that any thing seized or taken during the search with the consent of the occupier may be used in evidence in proceedings; and (b) that the occupier has consented to the entry and search; and (c) the date and time that the occupier consented. (3) If an occupier of premises consents to the seizure or taking of any thing during a search of the premises by the inspector, the inspector must, before seizing or taking the thing, ask the occupier to sign an acknowledgement. (4) For the purpose of subsection (3), the acknowledgment must state— (a) that the occupier has consented to the seizure or taking of the thing; and (b) the date and time that the occupier consented. (5) An inspector must give a copy of a signed acknowledgement to the occupier before leaving the premises. (6) If, in any proceeding, a signed 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. Division 4—Entry and search of premises without consent