QLDIn ForceAct
Biosecurity Act 2014
sec.268Consent acknowledgement
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### sec.268 Consent acknowledgement
If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.
The acknowledgement must state—
the purpose of the entry, including the powers intended to be exercised; and
the following has been explained to the occupier—
the purpose of the entry, including the powers intended to be exercised;
that the occupier is not required to consent; and
the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and
the time and day the consent was given; and
any conditions of the consent.
If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.
However, if it is impractical for the authorised officer to give the occupier a copy of the acknowledgement immediately, the authorised officer must give the copy as soon as practicable.
If—
an issue arises in a proceeding about whether the occupier consented to the entry; and
an acknowledgement complying with subsection (2) 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.268-ssec.1) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.
(sec.268-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers intended to be exercised; and the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; that the occupier is not required to consent; and the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and the time and day the consent was given; and any conditions of the consent.
(sec.268-ssec.3) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.
(sec.268-ssec.4) However, if it is impractical for the authorised officer to give the occupier a copy of the acknowledgement immediately, the authorised officer must give the copy as soon as practicable.
(sec.268-ssec.5) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (2) 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.
- (a) the purpose of the entry, including the powers intended to be exercised; and
- (b) the following has been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the occupier is not required to consent; and
- (i) the purpose of the entry, including the powers intended to be exercised;
- (ii) that the occupier is not required to consent; and
- (c) the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and
- (d) the time and day the consent was given; and
- (e) any conditions of the consent.
- (i) the purpose of the entry, including the powers intended to be exercised;
- (ii) that the occupier is not required to consent; and
- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and
- (b) an acknowledgement complying with subsection (2) for the entry is not produced in evidence;