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QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 105D
Consent acknowledgement
105D Consent acknowledgement
(1) If the consent is given, the investigator 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) the
following has been explained to the occupier— (i) the purpose of the entry,
including the powers intended to be exercised;
(ii) that the occupier is not
required to consent;
(iii) that the consent may be given subject to
conditions and may be withdrawn at any time; and
(c) the occupier gives the
investigator or another investigator consent to enter the place and exercise
the powers; and
(d) the time and day the consent was given; and
(e) any
conditions of the consent.
(3) If the occupier signs the acknowledgement, the
investigator must immediately give a copy to the occupier.
(4) 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.
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