38Obtaining consent to entry

38 Obtaining consent to entry (1) For section 37 (1) (b), an authorised officer must— (a) before asking the occupier for consent—tell the occupier— (i) the purpose of the proposed entry; and (ii) the reason for, and identity of, any other person accompanying the authorised officer; and (iii) that anything found and seized under this part may be used as evidence in court; and (iv) that consent may be refused; and

Powers to obtain information and enter premises Division 6.2 (b) if the occupier consents to the entry—give the occupier a written record confirming— (i) the matters mentioned in paragraph (a); and (ii) that the occupier was told about those matters; and (iii) the time and date when the consent was given. (2) A court must find that the occupier did not consent if— (a) a question arises in a proceeding before the court about whether the occupier consented to the authorised officer entering the premises under this part; and (b) a record mentioned in subsection (1) (b) is not produced in evidence; and (c) it is not proved that the occupier consented to the entry.