55Consent to entry

55 Consent to entry (1) This section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place.

(2) Before asking for the consent, the authorised person must tell the occupier— (a) of the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the authorised person may ask the occupier to sign an acknowledgment of the consent. (4) The acknowledgment must state that— (a) the occupier was told— (i) of the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) the occupier gives an authorised person consent to enter the place and exercise powers under this Act; and (c) the time and date the consent was given. (5) If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier. (6) Subsection (7) applies to a court if— (a) a question arises, in a proceeding in the court, whether the occupier of a place consented to an authorised person entering the place under this Act; 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. (7) The court may presume that the occupier did not consent.