sec.108KEntry with consent

### sec.108K Entry with consent This section applies if an enforcement officer intends to ask an occupier of premises to consent to the enforcement officer or another enforcement officer entering the premises under section 108I . Before asking for the consent, the enforcement officer must show the occupier the immobilisation warrant and tell the occupier— the purpose of the entry; and that the occupier is not required to consent. If the consent is given, the enforcement 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 the purpose of the entry; and the occupier gives the enforcement officer consent to enter and re-enter the premises and enforce the warrant; and the time and date the consent was given. If the occupier signs the acknowledgement, the enforcement officer must immediately give a copy to the occupier. If— an issue arises in a proceeding about whether the occupier consented to the entry or re-entry; and an acknowledgement complying with subsection (4) for the entry or re-entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry or re-entry to prove the occupier consented. s 108K ins 2009 No. 48 s 13 (sec.108K-ssec.1) This section applies if an enforcement officer intends to ask an occupier of premises to consent to the enforcement officer or another enforcement officer entering the premises under section 108I . (sec.108K-ssec.2) Before asking for the consent, the enforcement officer must show the occupier the immobilisation warrant and tell the occupier— the purpose of the entry; and that the occupier is not required to consent. (sec.108K-ssec.3) If the consent is given, the enforcement officer may ask the occupier to sign an acknowledgement of the consent. (sec.108K-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 the purpose of the entry; and the occupier gives the enforcement officer consent to enter and re-enter the premises and enforce the warrant; and the time and date the consent was given. (sec.108K-ssec.5) If the occupier signs the acknowledgement, the enforcement officer must immediately give a copy to the occupier. (sec.108K-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry or re-entry; and an acknowledgement complying with subsection (4) for the entry or re-entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry or re-entry to prove the occupier consented. - (a) the purpose of the entry; and - (b) that the occupier is not required to consent. - (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and - (i) the purpose of the entry; and - (ii) that the occupier is not required to consent; and - (b) the purpose of the entry; and - (c) the occupier gives the enforcement officer consent to enter and re-enter the premises and enforce the warrant; 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 - (a) an issue arises in a proceeding about whether the occupier consented to the entry or re-entry; and - (b) an acknowledgement complying with subsection (4) for the entry or re-entry is not produced in evidence;