40Consent to entry

40 Consent to entry (1) When asking for the occupier’s consent to enter premises under this division, an investigator must— (a) show the investigator’s identity card; and (b) tell the occupier— (i) the purpose of the entry; and (ii) that anything found and seized under this division may be used in evidence in court; and (iii) that consent may be refused. (2) If the occupier consents, the investigator must ask the occupier to sign a written acknowledgment— (a) that the occupier was told— (i) the purpose of the entry; and (ii) that anything found and seized under this division may be used in evidence in court; and (iii) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time, and day, when consent was given. (3) If the occupier signs an acknowledgment of consent, the investigator must immediately give a copy to the occupier. (4) A court must assume that an occupier of premises did not consent to an entry to the premises by an investigator under this division if— (a) the question whether the occupier consented to the entry arises in proceedings in the court; and (b) an acknowledgment under this section is not produced in evidence for the entry; and (c) it is not proved that the occupier consented to the entry.