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Waste Reduction and Recycling Act 2011
sec.196Consent acknowledgement
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### sec.196 Consent acknowledgement
If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.
The acknowledgement must state—
the purpose of the entry, including the powers intended to be exercised; and
the following has been explained to the occupier—
the purpose of the entry, including the powers intended to be exercised;
that the occupier is not required to consent;
that the consent may be given subject to conditions and may be withdrawn at any time; and
the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and
the time and day the consent was given; and
any conditions of the consent.
If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.
However, if it is impractical for the authorised person to give the occupier a copy of the acknowledgement immediately, the authorised person must give the copy as soon as practicable.
If—
an issue arises in a proceeding about whether the occupier consented to the entry; and
an acknowledgement complying with subsection (2) 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.196-ssec.1) If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.
(sec.196-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers intended to be exercised; and the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; that the occupier is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and the time and day the consent was given; and any conditions of the consent.
(sec.196-ssec.3) If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.
(sec.196-ssec.4) However, if it is impractical for the authorised person to give the occupier a copy of the acknowledgement immediately, the authorised person must give the copy as soon as practicable.
(sec.196-ssec.5) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (2) 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, including the powers intended to be exercised; and
- (b) the following has been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the occupier is not required to consent; (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and
- (i) the purpose of the entry, including the powers intended to be exercised;
- (ii) that the occupier is not required to consent;
- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and
- (c) the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and
- (d) the time and day the consent was given; and
- (e) any conditions of the consent.
- (i) the purpose of the entry, including the powers intended to be exercised;
- (ii) that the occupier is not required to consent;
- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and
- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and
- (b) an acknowledgement complying with subsection (2) for the entry is not produced in evidence;