Australian Capital Territory Current Acts

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DRUGS OF DEPENDENCE ACT 1989 - SECT 185

Consent to search

    (1)     Before obtaining the consent of a person for section 184 a police officer shall inform the person that he or she may refuse to give his or her consent.

    (2)     A police officer who obtains the consent of a person for section 184 shall ask the person to sign an acknowledgment—

        (a)     that the person has been informed that he or she may refuse to give his or her consent; and

        (b)     that the person has given his or her consent; and

        (c)     of the date and time when the person gave his or her consent.

    (3)     If it is material, in any proceedings, for a court to be satisfied of the consent of a person for section 184 and an acknowledgment in accordance with subsection (2) has not been produced in evidence, the court shall presume, unless the contrary is proved, that the person did not give the consent, but that presumption is rebuttable.



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