Australian Capital Territory Repealed Acts

This legislation has been repealed.

FOOD ACT 1992 (REPEALED) - SECT 52

    (1)     Before obtaining the consent of a person for the purposes of section 51 (1) (b), a public health officer shall—

        (a)     produce his or her identity card; and

        (b)     inform that person that he or she may refuse to give consent.

    (2)     Where a public health officer obtains the consent of a person for the purposes of section 51 (1) (b), the public health officer shall ask the person to sign a written acknowledgment—

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

        (b)     of the fact that the person has voluntarily given consent; and

        (c)     of the day on which, and the time at which, that consent was given.

    (3)     Where it is material in any proceedings for a court to be satisfied of the voluntary consent of a person for the purposes of section 51 (1) (b) and an acknowledgment, in accordance with subsection (2), signed by the person is not produced in evidence, the court shall assume, unless the contrary is proved, that the person did not voluntarily give such consent.