Document ID: chunk:federal_register_of_legislation:C2024C00861:section:101za
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 101ZA
Character Range: 337365–338786

101ZA  Consent to search
 (1) Before obtaining the consent of a person for the purposes of section 101W, an investigating officer shall inform the person that the person may refuse to give his or her consent.
 (2) An investigating officer who obtains the consent of a person for the purposes of section 101W shall ask the person to sign an acknowledgement, in accordance with the prescribed form:
 (a) of the fact that the person has been informed that the person may refuse to give his or her consent;
 (b) of the fact that the person has voluntarily given his or her consent; and
 (c) of the date on which, and the time at which, the person gave his or her consent.
 (3) A search or entry and search, as the case requires, by an investigating officer by virtue of the consent of a person is not lawful unless the person concerned voluntarily consented to the search or entry and search, as the case may be.
 (4) Where it is material, in any action or proceeding, for a civil court or service tribunal to be satisfied of the voluntary consent of a person for the purposes of section 101W and an acknowledgment of the kind referred to in subsection (2) signed by the person is not produced in evidence, the civil court or service tribunal, as the case may be, shall presume, unless the contrary is proved, that the person did not give such a voluntary consent.

Division 6A—Investigation under the Regulatory Powers Act