sec.149ZIEntry with consent

sec.149ZI Entry with consent

This section applies if an investigation officer intends to ask an occupier of a place to consent to the officer or another investigation officer entering the place. Before asking for the consent, the investigation officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent. If the consent is given, the investigation officer 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 investigation officer 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 investigation officer must immediately give a copy to the occupier. If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented. s 149ZI (prev s 60J) ins 2008 No. 64 s 20 reloc and renum 2024 No. 22 s 38 (2) (sec.149ZI-ssec.1) This section applies if an investigation officer intends to ask an occupier of a place to consent to the officer or another investigation officer entering the place. (sec.149ZI-ssec.2) Before asking for the consent, the investigation officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent. (sec.149ZI-ssec.3) If the consent is given, the investigation officer may ask the occupier to sign an acknowledgement of the consent. (sec.149ZI-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 investigation officer consent to enter the place and exercise powers under this part; and the time and date the consent was given. (sec.149ZI-ssec.5) If the occupier signs an acknowledgement, the investigation officer must immediately give a copy to the occupier. (sec.149ZI-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.

• (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