sec.87KConsent acknowledgement

### sec.87K Consent acknowledgement If the consent is given, the authorised person 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 that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and that the occupier has been told— that the occupier is not required to consent; and that the consent may be given subject to conditions and may be withdrawn at any time; and that the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and the day and time the consent was given; and any conditions of the consent. If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier. However, if it is impractical for the authorised person to give the occupier a copy of the acknowledgment immediately, the authorised person must give the copy as soon as practicable. If— an issue arises in a proceeding about whether the occupier consented to the entry; and a signed 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 occupier consented. s 87K ins 2000 No. 17 s 40 sub 2019 No. 36 s 19 (sec.87K-ssec.1) If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent. (sec.87K-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and that the occupier has been told— that the occupier is not required to consent; and that the consent may be given subject to conditions and may be withdrawn at any time; and that the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and the day and time the consent was given; and any conditions of the consent. (sec.87K-ssec.3) If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier. (sec.87K-ssec.4) However, if it is impractical for the authorised person to give the occupier a copy of the acknowledgment immediately, the authorised person must give the copy as soon as practicable. (sec.87K-ssec.5) If— an issue arises in a proceeding about whether the occupier consented to the entry; and a signed 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 occupier consented. - (a) the purpose of the entry, including the powers to be exercised; and - (b) that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and - (c) that the occupier has been told— (i) that the occupier is not required to consent; and (ii) that the consent may be given subject to conditions and may be withdrawn at any time; and - (i) that the occupier is not required to consent; and - (ii) that the consent may be given subject to conditions and may be withdrawn at any time; and - (d) that the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and - (e) the day and time the consent was given; and - (f) any conditions of the consent. - (i) that the occupier is not required to consent; and - (ii) 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) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;