sec.37Procedure for entry with consent

sec.37 Procedure for entry with consent

This section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 36 (1) (a) . Before asking for the consent, the authorised 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 authorised officer may ask the occupier to sign an acknowledgment of the consent. The acknowledgment 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 authorised 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 acknowledgment, the authorised 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 acknowledgment complying with subsection (4) 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. (sec.37-ssec.1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 36 (1) (a) . (sec.37-ssec.2) Before asking for the consent, the authorised officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent. (sec.37-ssec.3) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgment of the consent. (sec.37-ssec.4) The acknowledgment 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 authorised officer consent to enter the place and exercise powers under this part; and the time and date the consent was given. (sec.37-ssec.5) If the occupier signs the acknowledgment, the authorised officer must immediately give a copy to the occupier. (sec.37-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgment complying with subsection (4) 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) 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