Australian Capital Territory Consolidated Acts

TOBACCO ACT 1927 - SECT 36

    (1)     Before obtaining the consent of an occupier to enter premises, an authorised officer shall—

        (a)     produce his or her identity card; and

        (b)     tell the occupier that he or she may refuse to give consent.

    (2)     If an authorised officer obtains the consent of an occupier to enter premises, the officer shall ask the occupier to sign a written acknowledgment of—

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

        (b)     the fact that the occupier has voluntarily given consent; and

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

    (3)     In proceedings for this Act, evidence obtained as a result of the entry onto any premises by an authorised officer under section 35 (1) (b) is inadmissible unless an acknowledgment under subsection (2) is produced in evidence.

    (4)     An entry to premises by an authorised officer in reliance on the occupier's consent is not lawful unless the consent was voluntary.

    (5)     If—

        (a)     it is material, in any proceeding, for a court to be satisfied that an occupier's consent to enter premises was voluntary; and

        (b)     an acknowledgment under subsection (2) is not produced in evidence;

the court shall assume, unless the contrary is proved, that the consent was not voluntary.