sec.49Consent by acknowledgement

sec.49 Consent by acknowledgement

If the consent is given, the land access ombudsman may ask the person 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 person— the purpose of the entry, including the powers intended to be exercised; that the person is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the person gives the land access ombudsman consent to enter the land and exercise the powers; and the time and day the consent was given; and any conditions of the consent. If the person signs the acknowledgement, the land access ombudsman must immediately give a copy to the person. If— an issue arises in a proceeding about whether the person consented to the entry; and an acknowledgement complying with subsection (2) 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 party consented. (sec.49-ssec.1) If the consent is given, the land access ombudsman may ask the person to sign an acknowledgement of the consent. (sec.49-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and the following has been explained to the person— the purpose of the entry, including the powers intended to be exercised; that the person is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the person gives the land access ombudsman consent to enter the land and exercise the powers; and the time and day the consent was given; and any conditions of the consent. (sec.49-ssec.3) If the person signs the acknowledgement, the land access ombudsman must immediately give a copy to the person. (sec.49-ssec.4) If— an issue arises in a proceeding about whether the person consented to the entry; and an acknowledgement complying with subsection (2) 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 party consented.

• (a) the purpose of the entry, including the powers to be exercised; and
• (b) the following has been explained to the person— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the person 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 person 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 person gives the land access ombudsman consent to enter the land and exercise the powers; and