Explosives Act 1999
sec.84Entry with consent
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sec.84 Entry with consent
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— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and 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, the inspector must immediately give a copy to the occupier. A court must find the occupier did not consent to an inspector entering the place under this part if— an issue arises in a proceeding before the court whether the occupier of the place consented to the entry; and an acknowledgement is not produced in evidence for the entry; and it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry. (sec.84-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.84-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.84-ssec.3) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent. (sec.84-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and 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.84-ssec.5) If the occupier signs an acknowledgement, the inspector must immediately give a copy to the occupier. (sec.84-ssec.6) A court must find the occupier did not consent to an inspector entering the place under this part if— an issue arises in a proceeding before the court whether the occupier of the place consented to the entry; and an acknowledgement is not produced in evidence for the entry; and it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.
- (a) the purpose of the entry; and
- (b) that the occupier is not required to consent.
- (a) the occupier has been 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