Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if an authorised person intends to ask the occupier of premises to consent to the authorised person entering the premises under section 128.
(2) Before asking for the consent, the authorised person must tell the occupier—
(a) the reason for the entry; and
(b) that the occupier is not required to consent.
(3) If the consent is given, the authorised person may ask the occupier to sign a written acknowledgment of the consent.
(4) The acknowledgment must state—
(a) that the occupier was told—
(i) the reason for the entry; and
(ii) the occupier is not required to consent; and
(b) that the occupier gives the authorised person consent to enter the premises and exercise powers under section 128 (1); and
(c) the time and date the consent was given.
(5) A court may presume the occupier did not consent if—
(a) a question arises, in a proceeding in the court, whether the occupier consented to the authorised person entering the premises under section 128 (1); and
(b) an acknowledgment under this section for the entry is not produced in evidence; and
(c) it is not proved that the occupier consented to the entry.