Australian Capital Territory Repealed Acts

This legislation has been repealed.

WORK SAFETY ACT 2008 (REPEALED) - SECT 77

    (1)     When seeking the consent of an occupier of premises to enter premises under section 74 (1) (c) (Power to enter premises), an inspector must—

        (a)     produce the inspector's 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 inspector must ask the occupier to sign a written acknowledgment (an acknowledgment 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 inspector must immediately give a copy to the occupier.

    (4)     A court must find that the occupier did not consent to entry to the premises by the inspector 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 of consent for the entry is not produced in evidence for the entry; and

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