Tobacco and Other Smoking Products Act 1998
sec.183Evidence of consent
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sec.183 Evidence of consent
Subsection (2) applies if— an issue arises in a court proceeding about whether the occupier of a place consented to an authorised person entering the place under this part; and a consent acknowledgement is not produced in evidence for the entry; and it is not proved the occupier consented to the entry. The court may presume the occupier did not consent. s 183 amd 2023 No. 16 s 3 sch 1 (sec.183-ssec.1) Subsection (2) applies if— an issue arises in a court proceeding about whether the occupier of a place consented to an authorised person entering the place under this part; and a consent acknowledgement is not produced in evidence for the entry; and it is not proved the occupier consented to the entry. (sec.183-ssec.2) The court may presume the occupier did not consent.
- (a) an issue arises in a court proceeding about whether the occupier of a place consented to an authorised person entering the place under this part; and
- (b) a consent acknowledgement is not produced in evidence for the entry; and
- (c) it is not proved the occupier consented to the entry.