Australian Capital Territory Repealed Acts

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This legislation has been repealed.

CASINO CONTROL ACT 1988 (REPEALED) - SECT 104

Consents relating to searches

    (1)     Before seeking the consent of a person for section 102 (1) (d) or (2) (d), an inspector shall inform the person that the person may refuse to give that consent.

    (2)     If the inspector obtains the person's consent for those purposes, the inspector shall ask the person to sign a written acknowledgment—

        (a)     if section 102 (1) (d) applies—that the person has given the inspector consent, for that paragraph, to enter the premises of which the person is the occupier and to exercise the powers of an inspector referred to in section 102 (1) (b); and

        (b)     if section 102 (2) (d) applies—that the person has given the inspector consent, for that paragraph, to search the person and to exercise the powers of an inspector referred to in section 102 (2) (b); and

        (c)     that the person has been informed that he or she may refuse to give that consent; and

        (d)     of the day and time when that consent was given.

    (3)     If it is material, in any proceedings, for a court to be satisfied that a person has consented for section 102 (1) (d) or (2) (d) and an acknowledgment, in accordance with subsection (2) and signed by the person, is not produced in evidence, it shall be presumed that the person did not consent unless the contrary is established.



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