125SConsent to entry

125S Consent to entry (1) This section applies if an authorised person (non-government) intends to ask the occupier of premises to consent to the authorised person (non-government) entering the premises. (2) Before asking for the consent, the authorised person (non-government) must— (a) produce their identity card; and

(b) tell the occupier— (i) the purpose of the entry; and (ii) the reason for, and identity of, any other person accompanying the authorised person (non-government); and (iii) that consent may be refused. (3) If the occupier consents, the authorised person (non-government) must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) the reason for, and identity of, any other person accompanying the authorised person (non-government); and (iii) that consent may be refused; and (b) that the occupier consents to the entry; and (c) stating the time and date when consent was given. (4) If the occupier signs an acknowledgment of consent, the authorised person (non-government) must immediately give a copy to the occupier. (5) A court must find that the occupier did not consent to entry to the premises by the authorised person (non-government) under this part if— (a) the question whether the occupier consented to the entry arises in a proceeding in the court; and (b) an acknowledgment of consent for the entry is not produced in evidence; and (c) it is not proved that the occupier consented to the entry.