Australian Capital Territory Repealed Acts
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This legislation has been repealed.
BUSINESS FRANCHISE (TOBACCO AND PETROLEUM PRODUCTS) ORDINANCE 1984 (REPEALED) - SECT 21
Consent to entry
21. (1) Before obtaining the consent of a person for the
purposes of section 19, the Commissioner or an inspector shall inform the
person that he may refuse to give his consent.
(2) Where the Commissioner or
an inspector obtains the consent of a person for the purposes of section 19,
he shall ask the person to sign a written acknowledgement—
(a) of the
fact that he has been informed that he may refuse to give his consent;
(b) of
the fact that he has voluntarily given his consent; and
(c) of the date on
which, and the time at which, he gave his consent.
(3) An entry by the
Commissioner or an inspector by virtue of the consent of a person is not
lawful unless the person voluntarily consented to the entry.
(4) Where it is
material, in any proceedings, for a court to be satisfied of the voluntary
consent of a person for the purposes of section 19 and an acknowledgment, in
accordance with sub-section (2), signed by the person is not produced in
evidence, the court shall assume, unless the contrary is proved, that the
person did not voluntarily given such a consent.
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