Queensland Numbered Acts

PLANNING ACT 2016 - SECT 189

189 Consent acknowledgement

(1) If the occupier gives the consent, the inspector 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(iii) that the consent may be given subject to conditions and may be withdrawn at any time; and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 inspector or another inspector consent to enter the place and exercise the powers; and

(d) any conditions of the consent; and

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

(3) If the occupier signs the acknowledgement, the inspector must immediately give a copy of the acknowledgement 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.