230SEntry of premises with consent

230S Entry of premises with consent (1) A port safety officer may enter premises on port of Melbourne land, with the consent of the occupier of the premises, if the port safety officer believes on reasonable grounds that the entry is necessary because a person has contravened a hazardous port activity provision. (2) A port safety officer must not exercise a power under subsection (1) in any part of the premises that is used for residential purposes. (3) A port safety officer must not exercise a power under subsection (1) unless, before asking for the consent of the occupier, the port safety officer— (a) has produced his or her identity card for inspection; and (b) has informed the occupier— (i) of the purpose of the entry and inspection; and (ii) of the powers that the port safety officer may exercise on entry; and (iii) that the occupier is not required to consent. (4) If an occupier consents to the exercise of a power under subsection (1), the port safety officer who requested consent must, before entering the premises, ask the occupier to sign an acknowledgment of the consent. (5) An acknowledgment must state— (a) that the occupier has been informed— (i) of the purpose of the entry and inspection; and (ii) of the powers that the port safety officer may exercise on entry; and (iii) that the occupier is not required to consent; and (c) the purpose of the entry; and (d) that the occupier has consented to the entry and the exercise of the powers; and (e) the date and time that the occupier consented. (6) If an occupier consents to the seizure or taking of any thing during an inspection under this section, the port safety officer 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. (7) An occupier who signs an acknowledgment under this section must immediately be given a copy of the signed acknowledgment. (8) 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 exercise of powers or to the seizure or the taking of the thing. S. 230T inserted by No. 93/2009 s. 15.