(1) If the consent is given, the authorised person may ask the occupier to
sign an acknowledgement of the consent.
(2) The acknowledgement must state—
(a) the purpose of the entry, including the powers intended to be exercised;
and
(b) the following has been explained to the occupier—
(i) the purpose
of the entry, including the powers intended to be exercised;
(ii) that the
occupier is not required to consent;
(iii) that the consent may be given
subject to conditions and may be withdrawn at any time; and
(c) the occupier
gives the authorised person or another authorised person consent to enter the
place and exercise the powers; and
(d) the time and day the consent was
given; and
(e) any conditions of the consent.
(3) If the occupier signs the
acknowledgement, the authorised person must immediately give a copy to the
occupier.
(4) However, if it is impractical for the authorised person to give
the occupier a copy of the acknowledgement immediately, the authorised person
must give the copy as soon as practicable.
(5) If—
(a) an issue arises in a
proceeding about whether the occupier consented to the entry; and
(b) an
acknowledgement complying with subsection (2) 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.
