PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 747 Entry with consent

PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 747

747 Entry with consent

(1) This section applies if an inspector or authorised officer intends to ask an occupier of a place to consent to the inspector or authorised officer or another inspector or authorised officer entering the place under section 743 (1) (a) .

(2) Before asking for the consent, the inspector or authorised officer must tell the occupier—

(a) the purpose of the entry; and

(b) that the occupier is not required to consent.

(3) If the consent is given, the inspector or authorised officer may ask the occupier to sign an acknowledgement of the consent.

(4) The acknowledgement must state—

(a) the occupier has been told—

(i) the purpose of the entry; and

(ii) that the occupier is not required to consent; and

(b) the purpose of the entry; and

(c) the occupier gives the inspector or authorised officer consent to enter the place and exercise powers under this division; and

(d) the time and date the consent was given.

(5) If the occupier signs the acknowledgement, the inspector or authorised officer must immediately give a copy to the occupier.

(6) If—

(a) an issue arises in a proceeding about whether the occupier consented to the entry; and

(b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.