Australian Capital Territory Consolidated Acts

LONG SERVICE LEAVE (BUILDING AND CONSTRUCTION INDUSTRY) ACT 1981 - SECT 23

    (1)     When seeking the consent of an occupier to enter premises under section 21 (2) (b) (Powers in relation to employers' premises), an inspector must—

        (a)     produce his or her identity card; and

        (b)     tell the occupier—

              (i)     the purpose of the entry; and

              (ii)     that anything found because of the entry may be used in evidence in court; and

              (iii)     that consent may be refused.

    (2)     If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment (an acknowledgment of consent )—

        (a)     that the occupier was told—

              (i)     the purpose of the entry; and

              (ii)     that anything found because of the entry may be used in evidence in court; and

              (iii)     that consent may be refused; and

        (b)     that the occupier consented to the entry; and

        (c)     stating the time and date when consent was given.

    (3)     If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier.

    (4)     A court must find that the occupier did not consent to entry to the premises by the inspector under this division if—

        (a)     the question whether the occupier consented to the entry arises in a proceeding in the court; and

        (b)     an acknowledgment of consent for the entry is not produced in evidence for the entry; and

        (c)     it is not proved that the occupier consented to the entry.