19Consent to entry

19 Consent to entry (1) This section applies if an authorised person intends to ask the occupier of premises to consent to the authorised person entering the premises. (2) Before asking for the consent, the authorised person must tell the occupier— (a) the reason for the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the authorised person must ask the occupier to sign an acknowledgment of the consent.

Enforcement Part 4 Dealing with litter Division 4.3 Section 20 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The acknowledgment must state that— (a) the occupier was told— (i) the reason for the entry; and (ii) that the occupier is not required to consent; and (b) the occupier gives an authorised person consent to enter the premises and exercise powers under this part; 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) A court may assume that the occupier did not consent if— (a) a question arises, in a proceeding in the court, whether the occupier consented to the authorised person entering the premises under this part; 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. Division 4.3 Dealing with litter Subdivision 4.3.1 Dealing with litter—removal etc by person