SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 53CV
Entry with consent
SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 53CV
Entry with consent
53CV Entry with consent
(1) This section applies if a discharge officer intends to ask an occupier of
a place to consent to the officer or another discharge officer entering the
place under section 53CM(1) (b) .
(2) For the purpose of asking an occupier
of a place for consent to enter, a discharge officer may, without the
occupier’s consent or a warrant—
(a) enter land around premises at the
place to an extent that is reasonable to contact the occupier; or
(b) enter
part of the place the discharge officer reasonably considers members of the
public ordinarily are allowed to enter when they wish to contact the occupier.
(3) Before asking for the consent, the discharge officer must tell the
occupier—
(a) the purpose of the entry; and
(b) that the occupier is not
required to consent.
(4) If the consent is given, the discharge officer may
ask the occupier to sign an acknowledgement of the consent.
(5) 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 discharge
officer consent to enter the place and exercise powers under this part; and
(d) the time and date the consent was given.
(6) If the occupier signs the
acknowledgement, the discharge officer must immediately give a copy to the
occupier.
(7) If—
(a) an issue arises in a proceeding about whether the
occupier consented to the entry; and
(b) an acknowledgement complying with
subsection (5) 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.
