Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 70

Informed consent

70. Informed consent



(1) An occupier of any place gives informed consent to a request to enter and
search the place if he or she consents to the request after a member of the
police force informs the occupier-

   (a)  of the purpose of the search; and

   (b)  that anything seized during the search may be used in evidence in
        court; and

   (c)  that the occupier may refuse to give consent to the entry and search.

(2) If an occupier consents to an entry and search, the member of the police
force who requested consent must ask the occupier to sign an acknowledgment in
the prescribed form stating-

   (a)  that the occupier has been informed of the purpose of the search and
        that anything seized during the search may be used in evidence in
        court; and

   (b)  that the occupier has been informed that he or she may refuse to give
        consent to the entry and search; and

   (c)  that the occupier has given such consent; and

   (d)  the date and time of the giving of such consent.

(3) An occupier who signs an acknowledgment must be given a copy of the signed
acknowledgment immediately.

(4) If, in any proceeding, an acknowledgment is not produced to the court, it
must be presumed, until the contrary is proved, that the occupier did not
consent to an entry and search.