Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 391

391 Entry with consent

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

(2) Before asking for the consent, the authorised person 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 authorised person may ask the occupier to sign an acknowledgment of the consent.

(4) The acknowledgment must state—

(a) that 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) that the occupier gives the authorised person consent to enter the place and exercise powers under this chapter; and

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

(5) If the occupier signs an acknowledgment, the authorised person must immediately give a copy to the occupier.

(6) If—

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

(b) an acknowledgment complying with subsection (4) 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.