Queensland Consolidated Acts

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 27

27 Consent to entry

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

(2) Before asking for the consent, the officer must inform the occupier--

(a) of the purpose of the entry; and
(b) that the occupier is not required to consent.

(3) If the consent is given, the officer may ask the occupier to sign an acknowledgment of the consent.

(4) The acknowledgment must state that--

(a) the occupier was informed--
(i) of the purpose of the entry; and
(ii) that the occupier is not required to consent; and
(b) the occupier gives an authorised officer consent to enter the place and exercise powers under this Act; and
(c) the time and date the consent was given.

(5) If the occupier signs an acknowledgment of consent, the officer must immediately give a copy to the occupier.

(6) Subsection (7) applies to a court if--

(a) a question arises, in a proceeding in or before the court, whether the occupier of a place consented to an authorised officer entering the place under this Act; and
(b) an acknowledgment under this section is not produced in evidence for the entry; and
(c) it is not proved that the occupier consented to the entry.

(7) The court may presume that the occupier did not consent.



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