Queensland Consolidated Acts

COAL MINING SAFETY AND HEALTH ACT 1999 - SECT 134

134 Consent to entry

(1) This section applies if an officer intends to ask an occupier of a place to consent to the officer or another officer entering the place.

(2) Before asking for the consent, the officer must tell the occupier—

(a) the purpose of the entry; and

(b) that the occupier is not required to consent.

(3) If the consent is given, the officer may ask the occupier to sign an acknowledgement of the consent.

(4) The acknowledgement must state—

(a) the occupier has been told—

(i) the purpose of the entry; and

(ii) that the occupier is not required to consent; and

(b) the purpose of the entry; and

(c) the occupier gives the officer or other officer consent to enter the place and exercise powers under this part; and

(d) the time and date the consent was given.

(5) If the occupier signs an acknowledgement, the officer must immediately give a copy to the occupier.

(6) A court must find the occupier did not consent to an officer entering the place under this part if—

(a) an issue arises in a proceeding before the court whether the occupier of a place consented to the entry; and

(b) an acknowledgement is not produced in evidence for the entry; and

(c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.