76Procedure for entry with consent

76 Procedure for entry with consent

(1) This section applies if an authorised officer intends to ask an occupier or apparent occupier of a place to consent to that officer entering the place in accordance with section 74(1)(c)(i).

(2) Before asking for the consent, the officer must inform the occupier or apparent occupier—

(a) of the purpose of the entry; and

(b) that the occupier or apparent occupier is not required to consent; and

(c) that the occupier or apparent occupier may refuse to consent to the taking of—

(i) any thing or sample of, or from, any thing found during a search at the place; or

(ii) any copy or extract from a document found during a search at the place; and

(d) that anything seized or taken during a search of the place with the consent of the occupier or apparent occupier may be used in evidence in proceedings.

(3) If the consent is given, the authorised officer may ask the occupier or apparent occupier to sign an acknowledgment of the consent.

(4) The acknowledgment must state—

(a) that the occupier or apparent occupier (as the case requires) has been informed—

(i) of the purpose of the entry; and

(ii) that the occupier or apparent occupier is not required to consent; and

(b) the purpose of the entry; and

(c) that the occupier or apparent 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.

(5) If the occupier or apparent occupier signs the acknowledgment, the authorised officer must immediately give a copy to the person.

Division 4—Investigation and enforcement powers of authorised officers