Australian Capital Territory Repealed Acts

This legislation has been repealed.

WATER RESOURCES ACT 1998 (REPEALED) - SECT 59

    (1)         Before obtaining the consent of a person for section 55, an authorised officer shall—

        (a)     produce his or her identity card; and

        (b)     inform the person that he or she may refuse to give consent.

    (2)         Where an authorised officer obtains the consent of a person for section 55, the officer shall ask the person to sign a written acknowledgment of—

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

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

        (c)     the day on which, and the time at which, the consent was given.

    (3)         An entry by an authorised officer by virtue of a person's consent is not lawful unless the consent was voluntary.

    (4)         Where—

        (a)     it is material, in any proceedings, for a court to be satisfied that the consent of a person for section 55 was voluntary; and

        (b)     an acknowledgment, in accordance with subsection (2), signed by the person is not produced in evidence;

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