sec.35Consent to entry

sec.35 Consent to entry

This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place. Before asking for the consent, the inspector must tell the occupier— the purpose of the entry; and that the occupier is not required to consent. If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent. The acknowledgement must state— that the occupier was told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and that the occupier gives the inspector consent to enter the place and exercise powers under this part; and the time and date the consent was given. If the occupier signs an acknowledgement of consent, the inspector must immediately give a copy to the occupier. Subsection (7) applies to a court if— an issue arises, in a proceeding in or before the court, whether the occupier of a place consented to an inspector entering the place under this part; and an acknowledgement under this section is not produced in evidence for the entry; and it is not proved that the occupier consented to the entry. The court may presume that the occupier did not consent. (sec.35-ssec.1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place. (sec.35-ssec.2) Before asking for the consent, the inspector must tell the occupier— the purpose of the entry; and that the occupier is not required to consent. (sec.35-ssec.3) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent. (sec.35-ssec.4) The acknowledgement must state— that the occupier was told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and that the occupier gives the inspector consent to enter the place and exercise powers under this part; and the time and date the consent was given. (sec.35-ssec.5) If the occupier signs an acknowledgement of consent, the inspector must immediately give a copy to the occupier. (sec.35-ssec.6) Subsection (7) applies to a court if— an issue arises, in a proceeding in or before the court, whether the occupier of a place consented to an inspector entering the place under this part; and an acknowledgement under this section is not produced in evidence for the entry; and it is not proved that the occupier consented to the entry. (sec.35-ssec.7) The court may presume that the occupier did not consent.

• (a) the purpose of the entry; and
• (b) that the occupier is not required to consent.
• (a) that the occupier was told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and
• (i) the purpose of the entry; and
• (ii) that the occupier is not required to consent; and