Australian Capital Territory Numbered Acts

GENE TECHNOLOGY ACT 2003 (NO. 57 OF 2003) - SECT 160

    (1)     When seeking the consent of an occupier for section 152 (2) (a) or 154 (2) (a), an inspector must—

        (a)     produce his or her identity card; and

        (b)     tell the occupier—

              (i)     the purpose of the entry; and

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

              (iii)     that consent may be refused.

    (2)     If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment—

        (a)     that the occupier was told—

              (i)     the purpose of the entry; and

              (ii)     that anything found and seized under this part 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, when consent was given.

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

    (4)     A court must presume that an occupier of premises did not consent to an entry to the premises by an inspector under this part if—

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

        (b)     an acknowledgment under this section is not produced in evidence for the entry; and

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

Note     This section differs from the Commonwealth Act, s 160.