Queensland Consolidated Acts

LAND ACT 1994 - SECT 390R

390R Consent acknowledgement

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

(2) The acknowledgement must state—

(a) the purpose of the entry, including the powers to be exercised; and

(b) that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and

(c) that the occupier has been told—

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

(ii) that the consent may be given subject to conditions and may be withdrawn at any time; and

(d) that the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and

(e) the day and time the consent was given; and

(f) any conditions of the consent.

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

(4) However, if it is not practicable to comply with subsection (3) , the authorised officer must give the occupier a copy of the acknowledgement at the first reasonable opportunity.

(5) If—

(a) an issue arises in a proceeding about whether the occupier consented to the entry; and

(b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.