39RAcknowledgement of consent to entry and search

39R Acknowledgement of consent to entry and search

(1) If an occupier of premises consents to the entry and search of premises by an inspector under section 39P, the inspector must, before entering the premises, ask the occupier to sign an acknowledgement.

(2) For the purposes of subsection (1), the acknowledgement must state—

(a) that the occupier has been informed—

(i) of the purpose of the search; and

(ii) that the occupier may refuse to give consent to the entry and search or to the seizure of any document or computer found during the search; and

(iii) that the occupier may refuse to give consent to the taking of any document or any copy or extract from a document found on the premises during the search; and

(iv) that the occupier may refuse to produce any document required to be produced for examination; and

(v) that the occupier may refuse to give consent to the making of any still or moving image, audio recording or audio visual recording; and

(vi) that any document or computer seized or taken during the search with the consent of the occupier may be used in evidence in a proceeding; and

(b) that the occupier has consented to the entry and search; and

(c) the date and time that the occupier consented.

(3) If an occupier of premises consents to the seizure or taking of any document or computer during a search of the premises by the inspector, the inspector must, before seizing or taking the document or computer, ask the occupier to sign an acknowledgement.

(4) For the purposes of subsection (3), the acknowledgement must state—

(a) that the occupier has consented to the seizure or taking of the document or computer; and

(b) the date and time that the occupier consented.

(5) An inspector must give a copy of a signed acknowledgement to the occupier before leaving the premises.

(6) If, in any proceeding, a signed acknowledgement is not produced to the court or a tribunal, it must be presumed until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure or the taking of the document or computer.

Division 3—Entry and search of premises with warrant

S. 39S inserted by No. 41/2021 s. 5.