Australian Capital Territory Numbered Acts

WATER RESOURCES ACT 1998 (NO. 63 OF 1998) - SECT 59

(1)     Before obtaining the consent of a person for the purposes of section 55, an authorised officer shall—

        (a)     produce his or her identity card; and

        (b)     inform the person that he or she may refuse to give consent.

(2)     Where an authorised officer obtains the consent of a person for the purposes of section 55, the officer shall ask the person to sign a written acknowledgment of—

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

        (b)     the fact that the person has voluntarily given consent; and

        (c)     the day on which, and the time at which, the consent was given.

(3)     An entry by an authorised officer by virtue of a person's consent is not lawful unless the consent was voluntary.

(4)     Where—

        (a)     it is material, in any proceedings, for a court to be satisfied that the consent of a person for the purposes of section 55 was voluntary; and

        (b)     an acknowledgment, in accordance with subsection (2), signed by the person is not produced in evidence;

the court shall assume, unless the contrary is proved, that the consent was not voluntary.