29BNotice required for entry with consent

29B Notice required for entry with consent

(1) An authorised officer must not exercise a power of entry or inspection under section 29A(2)(a), unless the authorised officer before obtaining the occupier's consent—

(a) produces the authorised officer's identity card for inspection; and

(b) informs the occupier—

(ii) that the occupier may refuse to consent to the entry; and

(iii) that the occupier may refuse to consent to the seizure of any thing by the authorised officer during the entry; and

(iv) that the authorised officer may exercise any or all of the powers set out in section 29C during the entry without obtaining further consent from the occupier; and

(v) that the occupier may refuse to consent to the authorised officer exercising a power specified in section 29C during the entry; and

(vi) that any thing seized by the authorised officer during the entry with the consent of the occupier may be used in evidence in proceedings in relation to offences under this or another Act; and

(c) asks the occupier to sign an acknowledgement setting out—

(i) that the occupier has been informed of the matters set out in paragraph (b); and

(ii) that the occupier consents to the entry; and

(iii) the time and date the occupier provided consent.

(2) An occupier who signs an acknowledgement under subsection (1)(c) must be given a copy of the signed acknowledgement before the authorised officer leaves the premises or place.

(3) A signed acknowledgement under subsection (1)(c) is evidence that the occupier consented to the entry of a premises or place.

(4) If, in any proceeding, a signed acknowledgement under subsection (1)(c) is not produced to the court or tribunal, it must be presumed until the contrary is proved that the occupier did not consent to the entry of a premises or place.

S. 29C inserted by No. 23/2021 s. 24.