Page 5962 - Week 18 - Wednesday, 11 December 1991

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In any event, doing it this way keeps the existing time limits that have applied under the Commonwealth legislation, and, unless and until we are advised that there is a problem with that, I think that is the most prudent course.

Question resolved in the affirmative.

Bill agreed to in principle.

Detail Stage

Bill, by leave, taken as a whole

Amendments (by Mr Connolly) proposed:

Clause 4, page 6, line 3, omit "1 month", substitute "28 days".

Subclause 14(1), page 14, line 18, omit "(4)", insert "(4),".

Proposed subclauses 38(2A) and (2B), page 40, line 29, after subclause 38(2), insert the following subclauses:

"(2A) Where a police officer obtains the consent of the occupier to enter upon land, or upon or into premises, under subsection (2), the police officer shall ask the occupier to sign a written acknowledgment -

(a) that the occupier has been informed that he or she may refuse to consent;

(b) that the occupier has consented; and

(2B) Where it is material, in any proceedings, for a court to be satisfied that an occupier has consented to the entry of land or premises by a police officer under subsection (2) and an acknowledgment in accordance with subsection (2A) signed by the occupier is not produced in evidence, it shall be presumed that the occupier did not consent, but that presumption is rebuttable.".

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