499Consent to entry

499 Consent to entry

(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.

(2) Before asking for the consent, the inspector must inform the occupier:

(a) of the purpose of the entry; and

(b) that the occupier is not required to consent.

(3) If the consent is given, the inspector may ask the occupier to sign an acknowledgment of the consent.

(4) The acknowledgment must state:

(a) that the occupier was informed:

(i) of the purpose of the entry; and

(ii) that the occupier is not required to consent; and

(b) that the occupier gives an inspector consent to enter the place and exercise powers under this Law or under or referred to in the Co-operatives National Law Act of this jurisdiction; and

(c) the time and date the consent was given.

(5) If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier.

(6) If:

(a) a question arises, in proceedings in or before the court, as to whether the occupier of a place consented to an inspector entering the place under this Law; and

(b) an acknowledgment under this section is not produced in evidence for the entry; and

(c) it is not proved the occupier consented to the entry;

the court may presume the occupier did not consent.