sec.53CVEntry with consent

### sec.53CV Entry with consent This section applies if a discharge officer intends to ask an occupier of a place to consent to the officer or another discharge officer entering the place under section 53CM (1) (b) . For the purpose of asking an occupier of a place for consent to enter, a discharge officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the discharge officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. Before asking for the consent, the discharge officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent. If the consent is given, the discharge 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 discharge officer consent to enter the place and exercise powers under this part; and the time and date the consent was given. If the occupier signs the acknowledgement, the discharge officer must immediately give a copy to the occupier. If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (5) 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 53CV ins 2010 No. 20 s 9 amd 2011 No. 31 s 366 (sec.53CV-ssec.1) This section applies if a discharge officer intends to ask an occupier of a place to consent to the officer or another discharge officer entering the place under section 53CM (1) (b) . (sec.53CV-ssec.2) For the purpose of asking an occupier of a place for consent to enter, a discharge officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the discharge officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. (sec.53CV-ssec.3) Before asking for the consent, the discharge officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent. (sec.53CV-ssec.4) If the consent is given, the discharge officer may ask the occupier to sign an acknowledgement of the consent. (sec.53CV-ssec.5) 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 discharge officer consent to enter the place and exercise powers under this part; and the time and date the consent was given. (sec.53CV-ssec.6) If the occupier signs the acknowledgement, the discharge officer must immediately give a copy to the occupier. (sec.53CV-ssec.7) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (5) 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) enter land around premises at the place to an extent that is reasonable to contact the occupier; or - (b) enter part of the place the discharge officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. - (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 discharge officer consent to enter the place and exercise powers under this part; 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; and - (b) an acknowledgement complying with subsection (5) for the entry is not produced in evidence;