New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 376

376 Provisions relating to entry and search with consent

(1) An investigator must not enter and search any premises under this Part with the consent of the occupier unless, before the occupier consents to that entry and search, the investigator has--

(a) produced evidence of his or her appointment for inspection; and

(b) informed the occupier--

(i) of the purpose of the entry and search; and

(ii) that the occupier may refuse to give or may withdraw consent to the entry and search or to the seizure of anything found during the search; and

(iii) that the occupier may refuse to consent, or may withdraw consent, to the taking of any copy or extract from a document found on the premises during the search; and

(iv) that anything seized or taken during the search with the consent of the occupier may be used in evidence in any disciplinary or other proceedings under this Law or the Uniform Rules.

(2) If an occupier consents to an entry and search, the investigator who requested consent must before entering the premises ask the occupier to sign an acknowledgment stating--

(a) that the occupier has been informed of the purpose of the entry and search and that anything seized or taken in the search with the consent of the occupier may be used in evidence in disciplinary or other proceedings; and

(b) that the occupier has been informed that he or she may refuse to give consent to the entry and search or to the seizure of anything or to the taking of any copy or extract; and

(c) that the occupier has consented to such an entry and search; and

(d) the date and time that the occupier consented.

(3) If an occupier consents to the seizure or taking of any thing during a search, the investigator must before seizing or taking the thing ask the occupier to sign an acknowledgment stating--

(a) that the occupier has consented to the seizure or taking of the thing; and

(b) the date and time that the occupier consented.

(4) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the investigator leaves the premises.

(5) If, in any proceedings, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure or the taking of the thing.

(6) The occupier may withdraw consent to an entry or search, but withdrawal does not affect the validity of anything done or omitted before the withdrawal.