Page 5963 - Week 18 - Wednesday, 11 December 1991

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Clause 67, page 76, line 26, add at the end the following subclauses:

"(2) Where a police officer obtains the consent of the occupier to enter upon land, or upon or into premises, under subsection (1), 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

(3) 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 (1) and an acknowledgment in accordance with subsection (2) signed by the occupier is not produced in evidence, it shall be presumed that the occupier did not consent, but that presumption is rebuttable.".

MR STEFANIAK (6.04): Mr Speaker, in view of the definitions clause and in view of the fact that Mr Connolly's amendments Nos 3 and 5 relate to the words "prescribed time", I will not move mine, because that matter is now taken up by clause 4 - Interpretation.

MR SPEAKER: Okay. So, they are your amendments Nos 3 and 5?

MR STEFANIAK: My amendments are to Mr Connolly's amendments Nos 3 and 5; but they are not necessary now, because Mr Connolly - - -

Mr Connolly: I am not moving my amendments Nos 3 and 5.

MR STEFANIAK: Yes, he is not moving his amendments Nos 3 and 5. We go back to the definitions clause, Mr Speaker, where he wants to insert "28 days", which is exactly what I was suggesting. That is quite suitable.

MR COLLAERY (6.05): I would like to speak to amendment No. 4 very briefly, Mr Speaker. I support the amendment, but I wish to comment again because this amendment No. 4 - that is, the amendment to clause 67 - follows the form that was put into the planning Act, and I said then that I had some concerns about whether the consent, as expressed in this provision, can operate at large for other entries. The proposed subclause says:

Where a police officer obtains the consent of the occupier to enter upon land, or upon or into premises ...

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