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PUBLIC HEALTH (INFECTION CONTROL FOR PERSONAL APPEARANCE SERVICES) ACT 2003 - SECT 80
Entry with consent
80 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 authorised 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) 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 authorised person consent to enter the place and exercise powers
under this division; 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.
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