Australian Capital Territory Current Acts

HERITAGE ACT 2004 - SECT 82

    (1)     When seeking the consent of an occupier to enter premises under section 80 (1) (c), an authorised person must—

        (a)     produce the authorised person's identity card; and

        (b)     tell the occupier—

              (i)     the purpose of the entry; and

              (ii)     the reason for, and identity of, any other person accompanying the authorised person; and

              (iii)     that anything found and seized under this part may be used in evidence in court; and

              (iv)     that consent may be refused.

    (2)     If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent )—

        (a)     that the occupier was told—

              (i)     the purpose of the entry; and

              (ii)     the reason for, and identity of, any other person accompanying the authorised person; and

              (iii)     that anything found and seized under this part may be used in evidence in court; and

              (iv)     that consent may be refused; and

        (b)     that the occupier consented to the entry; and

        (c)     stating the time and date when consent was given.

    (3)     If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier.

    (4)     A court must find that the occupier did not consent to entry to the premises by the authorised person under this part if—

        (a)     the question whether the occupier consented to the entry arises in a proceeding in the court; and

        (b)     an acknowledgment of consent for the entry is not produced in evidence; and

        (c)     it is not proved that the occupier consented to the entry.