Australian Capital Territory Consolidated Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 54X

Consent to entry and inspection

    (1)     Before seeking the consent of the licensee or occupier of premises for section 54W (1) (b), an inspector must inform the occupier that the occupier may refuse to consent.

    (2)     If an inspector obtains the consent of the licensee or occupier of premises for section 54W (1) (b), the inspector must ask the licensee or occupier to sign a written acknowledgment—

        (a)     that the licensee or occupier has given the inspector consent, for that paragraph, to enter the premises and to exercise the powers of an inspector under section 54W (3); and

        (b)     that the licensee or occupier has been told that he or she may refuse to give that consent; and

        (c)     specifying the day and time that consent was given.

    (3)     If it is material, in any proceeding, for a court to be satisfied of the consent of an occupier for section 54W (1) (b) and an acknowledgment in accordance with subsection (2) is not produced in evidence, it must be presumed that the occupier did not consent unless the contrary is established.



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