Australian Capital Territory Numbered Acts

FOOD ACT 2001 - SECT 48

    (1)     When seeking the consent of an occupier for entering premises under section 46 (1) (c) (Power to enter premises), an authorised officer must—

        (a)     produce his or her identity card; and

        (b)     tell the occupier—

              (i)     the purpose of the entry; and

              (ii)     that anything found and seized under this part may be used in evidence in court; and

              (iii)     that consent may be refused.

    (2)     If the occupier consents, the authorised officer 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 and seized under this part 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 authorised officer must immediately give a copy to the occupier.

    (4)     A court must find that an occupier of premises did not consent to an entry to the premises by an authorised officer under this part 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.