44Consent to entry

44 Consent to entry (1) When seeking the consent of an occupier for entering premises under this part, an inspector must— (a) produce the inspector’s identity card; and (b) tell the occupier— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused.

Enforcement Part 6 Inspectors’ powers Division 6.2 Section 45 R23 23/02/26 Gas Safety Act 2000 Effective: 23/02/26 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If the occupier consents, the inspector 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 part 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 inspector must immediately give a copy to the occupier. (4) Unless the contrary is proven, a court must presume that an occupier of premises did not consent to an entry to the premises by an inspector under this part 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.