95Entry with consent

95 Entry with consent

(1) If an occupier consents to an entry under section 93, the authorised officer must before entering the premises ask the occupier to sign an acknowledgement stating—

(a) that the occupier has been informed of the purpose of the entry; and

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

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

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

(2) An occupier who signs an acknowledgement must be given a copy of the signed acknowledgement before the authorised officer leaves the premises.

(3) If, in any proceeding, an acknowledgement is not produced to the court or tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry.

(4) An entry of an authorised officer by virtue of the consent of a person is not lawful unless the person voluntarily consented to the entry.