128Consent to entry

128  Consent to entry

 (1) An inspector may enter a place of inspection without the occupier’s consent to ask the occupier for consent to enter the place under section 126.

 (2) When seeking the consent of an occupier to enter a place of inspection under section 126, an inspector must:

 (a) if the inspector is not a police officer—produce the inspector’s identity card; and

 (b) tell the occupier:

 (i) the purpose of the entry; and

 (ii) that anything found and seized may be used in evidence in court; and

 (iii) that consent may be refused.

 (3) If the occupier consents, the inspector must ask the occupier to sign a written acknowledgement that:

 (a) the occupier was told:

 (i) the purpose of the entry; and

 (ii) that anything found and seized under section 132 may be used in evidence in court; and

 (iii) that consent may be refused; and

 (b) the occupier consented to the entry.

 (4) The acknowledgement of consent must record the date and time when consent was given.

 (5) If the occupier signs an acknowledgement of consent, the inspector must as soon as practicable give a copy to the occupier.

 (6) A court must presume that an occupier of a place of inspection did not consent to an entry to the place by an inspector under section 126 if:

 (a) the question whether the occupier consented to the entry arises in proceedings in the court; 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.