Hansard - ACT Legislative Assembly

Legislative Assembly for the ACT: 2002 Week 13 Hansard (19 November) . . Page.. 3778 ..

Proposed new clause 297 (3)

Page 174, line 27-

insert

(3) An exemption is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

Proposed new clause 301 (7)

Page 176, line 29-

insert

(7) An exemption is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

Proposed new clause 318 (3A)

Page 187, line 8-

insert

(3A) An exemption is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

Clause 338 (4)

Page 198, line 25-

oppose the clause

Proposed new clause 395 (3), (4) and (5)

Page 238, line 16-

insert

(3) If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment-

(a) that the occupier was told-

(i) the purpose of the entry; and

(ii) that consent may be refused; and

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

(4) If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier.

(5) A court must assume that an occupier of premises did not consent to an entry to the premises by an inspector under this division if-

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

(b) an acknowledgment under this section is not produced in evidence for the entry; and