Australian Capital Territory Numbered Acts

DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 74

    (1)     When seeking the consent of an occupier of premises or a vehicle to enter the premises or vehicle under section 72 (1) (c), an authorised person must—

        (a)     produce the person's identity card; and

        (b)     tell the occupier—

              (i)     the purpose of the entry; and

              (ii)     that anything seized under this division may be used in evidence in court; and

              (iii)     that consent may be refused.

    (2)     If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgement of consent )—

        (a)     that the occupier was told—

              (i)     the purpose of the entry; and

              (ii)     that anything found and seized under this division may be used in evidence in court; and

              (iii)     that consent may be refused; and

        (b)     that the occupier consented to the entry; and

        (c)     stating the time and date consent was given.

    (3)     If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier.

    (4)     A court must find that an occupier did not consent to entry to the premises or a vehicle by the authorised person under this division if—

        (a)     the question arises in a proceeding in the court whether the occupier consented to the entry; and

        (b)     an acknowledgment of consent is not produced in evidence; and

        (c)     it is not proved that the occupier consented to the entry.