sec.78Entry with consent

### sec.78 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 77 (1) (a) . Before asking for the consent, the officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent; and briefly, the powers the officer may exercise under this part. If the consent is given, the 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 briefly, the powers the officer may exercise under this part; and the purpose of the entry; and the occupier gives the 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 the acknowledgement, the 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. (sec.78-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 77 (1) (a) . (sec.78-ssec.2) Before asking for the consent, the officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent; and briefly, the powers the officer may exercise under this part. (sec.78-ssec.3) If the consent is given, the officer may ask the occupier to sign an acknowledgement of the consent. (sec.78-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 briefly, the powers the officer may exercise under this part; and the purpose of the entry; and the occupier gives the officer consent to enter the place and exercise powers under this part; and the time and date the consent was given. (sec.78-ssec.5) If the occupier signs the acknowledgement, the officer must immediately give a copy to the occupier. (sec.78-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; and - (c) briefly, the powers the officer may exercise under this part. - (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and (iii) briefly, the powers the officer may exercise under this part; and - (i) the purpose of the entry; and - (ii) that the occupier is not required to consent; and - (iii) briefly, the powers the officer may exercise under this part; and - (b) the purpose of the entry; and - (c) the occupier gives the officer consent to enter the place and exercise powers under this part; and - (d) the time and date the consent was given. - (i) the purpose of the entry; and - (ii) that the occupier is not required to consent; and - (iii) briefly, the powers the officer may exercise under this part; and - (a) an issue arises in a proceeding about whether the occupier consented to the entry; and - (b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence;