Australian Capital Territory Numbered Acts

ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (NO. 22 OF 2009) - SECT 335

    (1)     When seeking the consent of an occupier of premises, a vehicle or combination to enter the premises, a vehicle or combination under section 333 (1) (i), a police officer or authorised person must—

        (a)     produce his or her identity card; and

        (b)     tell the occupier—

              (i)     the purpose of the entry; and

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

              (iii)     that consent may be refused.

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

        (a)     that the occupier was told—

              (i)     the purpose of the entry; and

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

              (iii)     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 police officer or 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, a vehicle or combination by the police officer or authorised person under this part if—

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

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

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