sec.84Entry with consent

### sec.84 Entry with consent This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another authorised officer entering the place under section 83 (1) (a) . For the purpose of asking the occupier for the consent, the authorised officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place. Before asking for the consent, the authorised officer must tell the occupier— the purpose of the entry, including the powers intended to be exercised; and that the occupier is not required to consent; and that the consent may be given subject to conditions and may be withdrawn at any time. If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent. The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; that the occupier is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and the time and date the consent was given; and any conditions of the consent. If the occupier signs the acknowledgement, the authorised 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 (5) 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 84 amd 2015 No. 21 s 38 (sec.84-ssec.1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another authorised officer entering the place under section 83 (1) (a) . (sec.84-ssec.2) For the purpose of asking the occupier for the consent, the authorised officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place. (sec.84-ssec.3) Before asking for the consent, the authorised officer must tell the occupier— the purpose of the entry, including the powers intended to be exercised; and that the occupier is not required to consent; and that the consent may be given subject to conditions and may be withdrawn at any time. (sec.84-ssec.4) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent. (sec.84-ssec.5) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; that the occupier is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and the time and date the consent was given; and any conditions of the consent. (sec.84-ssec.6) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier. (sec.84-ssec.7) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (5) 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) enter land around premises at the place to an extent that is reasonable to contact the occupier; or - (b) enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place. - (a) the purpose of the entry, including the powers intended to be exercised; and - (b) that the occupier is not required to consent; and - (c) that the consent may be given subject to conditions and may be withdrawn at any time. - (a) the purpose of the entry, including the powers to be exercised; and - (b) the following has been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the occupier is not required to consent; (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and - (i) the purpose of the entry, including the powers intended to be exercised; - (ii) that the occupier is not required to consent; - (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and - (c) the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and - (d) the time and date the consent was given; and - (e) any conditions of the consent. - (i) the purpose of the entry, including the powers intended to be exercised; - (ii) that the occupier is not required to consent; - (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and - (a) an issue arises in a proceeding about whether the occupier consented to the entry; and - (b) an acknowledgement complying with subsection (5) for the entry is not produced in evidence;