Australian Capital Territory Repealed Acts

This legislation has been repealed.

TREE PROTECTION (INTERIM SCHEME) ACT 2001 (REPEALED) - SECT 31

    (1)     When seeking the consent of an occupier for entering premises under this part, an 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 authorised person must ask the occupier to sign a written acknowledgment—

        (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 authorised person must immediately give a copy to the occupier.

    (4)     A court must presume that an occupier of premises did not consent to an entry to the premises by an 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 under this section is not produced in evidence for the entry; and

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