sec.333Notice of damage

### sec.333 Notice of damage This section applies if— a designated officer exercises, or purports to exercise, a power under this Act, other than a biosecurity response; and in exercising, or purporting to exercise the power, any 1 or more of the following persons damages something— the designated officer; a person (an assistant ) acting under the direction or authority of the designated officer; a detection animal used by the designated officer or assistant. However, this section does not apply to damage the designated officer reasonably considers is trivial or if the officer reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned. The designated officer must give notice of the damage to the person who appears to the officer to be an owner, or person in control, of the thing. However, if for any reason it is not practicable to comply with subsection (3) , the designated officer must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way. The designated officer may delay complying with subsection (3) or (4) if the officer reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the officer’s functions. The delay may be only for so long as the designated officer continues to have the reasonable suspicion and remains in the vicinity of the place. If the designated officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the officer or the assistant, the officer may state the belief in the notice. The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 334 . (sec.333-ssec.1) This section applies if— a designated officer exercises, or purports to exercise, a power under this Act, other than a biosecurity response; and in exercising, or purporting to exercise the power, any 1 or more of the following persons damages something— the designated officer; a person (an assistant ) acting under the direction or authority of the designated officer; a detection animal used by the designated officer or assistant. (sec.333-ssec.2) However, this section does not apply to damage the designated officer reasonably considers is trivial or if the officer reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned. (sec.333-ssec.3) The designated officer must give notice of the damage to the person who appears to the officer to be an owner, or person in control, of the thing. (sec.333-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the designated officer must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way. (sec.333-ssec.5) The designated officer may delay complying with subsection (3) or (4) if the officer reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the officer’s functions. (sec.333-ssec.6) The delay may be only for so long as the designated officer continues to have the reasonable suspicion and remains in the vicinity of the place. (sec.333-ssec.7) If the designated officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the officer or the assistant, the officer may state the belief in the notice. (sec.333-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 334 . - (a) a designated officer exercises, or purports to exercise, a power under this Act, other than a biosecurity response; and - (b) in exercising, or purporting to exercise the power, any 1 or more of the following persons damages something— (i) the designated officer; (ii) a person (an assistant ) acting under the direction or authority of the designated officer; (iii) a detection animal used by the designated officer or assistant. - (i) the designated officer; - (ii) a person (an assistant ) acting under the direction or authority of the designated officer; - (iii) a detection animal used by the designated officer or assistant. - (i) the designated officer; - (ii) a person (an assistant ) acting under the direction or authority of the designated officer; - (iii) a detection animal used by the designated officer or assistant. - (a) there is no-one apparently in possession of the thing; or - (b) the thing has been abandoned. - (a) leave the notice at the place where the damage happened; and - (b) ensure it is left in a conspicuous position and in a reasonably secure way. - (a) particulars of the damage; and - (b) that the person who suffered the damage may claim compensation under section 334 .