36DEntry or search with consent for investigation of suspected offences

36D Entry or search with consent for investigation of suspected offences

S. 36D(1) amended by Nos 49/2009 s. 40, 65/2014 s. 12(2), 51/2024 s. 39(1).

(1) If an inspector believes, on reasonable grounds, that a person has contravened this Act, other than section 5RB, 5RC, 5RD, 5RE, 5RG or 5RI, Division 1A of Part 2 or Part 3AA or 3AAB, or the regulations, the inspector, with the consent of the occupier of the premises—

(a) may enter and search any premises;

(b) may seize anything found on the premises which the inspector believes, on reasonable grounds, to be connected with the alleged contravention;

(c) may inspect and make copies of, or take extracts from, any document found on the premises.

(2) An inspector must not enter and search any premises with the consent of the occupier unless, before the occupier consents to that entry, the inspector—

(a) has produced his or her identity card for inspection; and

(b) has informed the occupier—

(i) of the purpose of the search; and

(ii) that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and

(iii) that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search; and

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

(3) If an occupier consents to an entry and search, the inspector who requested consent must before entering the premises ask the occupier to sign an acknowledgment in the prescribed form stating—

(a) that the occupier has been informed of the purpose of the search and that anything seized or taken in the search with the consent of the occupier may be used in evidence in proceedings; and

(b) that the occupier has been informed that he or she may refuse to give consent to the entry and search; and

(c) that the occupier has consented to such an entry and search; and

(d) the date and time that the occupier consented.

(4) If an occupier consents to the seizure or taking of any thing during a search under this section, the inspector must before seizing or taking the thing ask the occupier to sign an acknowledgment stating—

(a) that the occupier has consented to the seizure or taking of the thing; and

(b) the date and time that the occupier consented.

(5) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the inspector leaves the premises.

(6) If, in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure or the taking of the thing.