139Procedure for entry with consent

139 Procedure for entry with consent

(1) Before an authorised officer asks a person for consent to enter under section 138, the officer must inform the person—

(a) of the purpose of the entry; and

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

(2) If the consent is given, the authorised officer may ask the person to sign an acknowledgment of the consent.

(3) The acknowledgment must state—

(a) that the person has been informed—

(i) of the purpose of the entry; and

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

(b) the purpose of the entry; and

(c) that the person gives the authorised officer consent to enter the premises or vehicle and exercise powers under this Part; and

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

(4) If the person signs the acknowledgment, the authorised officer must immediately give a copy to the person.

(5) If, in any proceeding, an acknowledgment of consent is not produced to the court, it must be presumed, unless the contrary is proved, that no person consented to the entry by an authorised officer and the exercise of powers by that officer under this Part.

S. 140 inserted by No. 63/2017 s. 18.