Community Services Act 2007
sec.46Notice of damage
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sec.46 Notice of damage
This section applies if— an authorised officer damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction or authority of an authorised officer damages property. The authorised officer must immediately give notice of particulars of the damage to a person who appears to the authorised officer to be an owner of the property. If the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s or other person’s control, the authorised officer may state the belief in the notice. If, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. This section does not apply to damage the authorised officer reasonably believes is trivial. In this section— owner , of property, includes a person in possession or control of it. (sec.46-ssec.1) This section applies if— an authorised officer damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction or authority of an authorised officer damages property. (sec.46-ssec.2) The authorised officer must immediately give notice of particulars of the damage to a person who appears to the authorised officer to be an owner of the property. (sec.46-ssec.3) If the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s or other person’s control, the authorised officer may state the belief in the notice. (sec.46-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (sec.46-ssec.5) This section does not apply to damage the authorised officer reasonably believes is trivial. (sec.46-ssec.6) In this section— owner , of property, includes a person in possession or control of it.
- (a) an authorised officer damages property when exercising or purporting to exercise a power; or
- (b) a person (the other person ) acting under the direction or authority of an authorised officer damages property.