Australian Capital Territory Repealed Acts

This legislation has been repealed.

COOPERATIVES ACT 2002 (REPEALED) - SECT 394

    (1)     An inspector has power to enter any of the following premises:

        (a)     any premises where the affairs or activities of a cooperative are managed or conducted;

        (b)     any premises where the inspector believes, on reasonable grounds, there is evidence of the commission of an offence against this Act;

        (c)     any premises where the inspector believes, on reasonable grounds, there are relevant documents.

    (2)     However, the consent of the occupier or the authority of a search warrant is required to enter—

        (a)     any part of premises not used for the management or conduct of the affairs or activities of a cooperative; or

        (b)     any part of premises used for residential purposes (whether or not the part is also used for the management or conduct of the affairs or activities of a cooperative).

    (3)     If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment—

        (a)     that the occupier was told—

              (i)     the purpose of the entry; and

              (ii)     that consent may be refused; and

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

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

    (4)     If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier.

    (5)     A court must assume that an occupier of premises did not consent to an entry to the premises by an inspector under this division if—

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

        (b)     an acknowledgment under this section is not produced in evidence for the entry; and

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