Australian Capital Territory Numbered Acts

PUBLIC POOLS ACT 2015 (NO. 7 OF 2015) - SECT 42

    (1)     When seeking the consent of an operator of a pool facility to enter the pool facility under section 40 (1) (b) (ii), an inspector must—

        (a)     either—

              (i)     for an inspector appointed under section 37 (1)—produce the inspector's identity card; or

              (ii)     for a police officer—produce evidence that the person is a police officer; and

        (b)     tell the operator—

              (i)     the purpose of the entry; and

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

              (iii)     that consent may be refused.

    (2)     If the operator of a pool facility consents, the inspector must ask the operator to sign a written acknowledgment (an acknowledgment of consent )—

        (a)     that the operator was told—

              (i)     the purpose of the entry; and

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

              (iii)     that consent may be refused; and

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

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

    (3)     If the operator of a pool facility signs an acknowledgment of consent, the inspector must as soon as practicable give a copy to the operator.

Note     For how documents may be given, see the Legislation Act

, pt 19.5.

    (4)     A court must find that the operator of a pool facility did not consent to an inspector entering the pool facility under this part if—

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

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

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