Australian Capital Territory Numbered Acts

DANGEROUS SUBSTANCES ACT 2004 (NO. 7 OF 2004) - SECT 144

    (1)     When seeking the consent of a person in charge of premises to enter the premises under section 142 (1) (c) (General power to enter premises), an inspector must—

        (a)     produce his or her identity card; and

        (b)     tell the person—

              (i)     the purpose of the entry; and

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

              (iii)     that consent may be refused.

    (2)     If the person in charge consents, the inspector must ask the person to sign a written acknowledgment (an acknowledgment of consent )—

        (a)     that the person was told—

              (i)     the purpose of the entry; and

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

              (iii)     that consent may be refused; and

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

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

    (3)     If the person in charge signs an acknowledgment of consent, the inspector must immediately give a copy to the person.

    (4)     A court must find that a person in charge of premises did not consent to an entry to the premises by an inspector under this chapter if—

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

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

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