sec.77Notice of damage

sec.77 Notice of damage

This section applies if— an authorised person damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an authorised person damages something. However, this section does not apply to damage the authorised person reasonably considers is trivial or if the authorised person reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned. The authorised person must give notice of the damage to a person who appears to the authorised person 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 authorised person 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 authorised person may delay complying with subsection (3) or (4) if the authorised person reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised person’s functions. The delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place. If the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised person or the assistant, the authorised person 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 78 . (sec.77-ssec.1) This section applies if— an authorised person damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an authorised person damages something. (sec.77-ssec.2) However, this section does not apply to damage the authorised person reasonably considers is trivial or if the authorised person reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned. (sec.77-ssec.3) The authorised person must give notice of the damage to a person who appears to the authorised person to be an owner, or person in control, of the thing. (sec.77-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the authorised person 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.77-ssec.5) The authorised person may delay complying with subsection (3) or (4) if the authorised person reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised person’s functions. (sec.77-ssec.6) The delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place. (sec.77-ssec.7) If the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised person or the assistant, the authorised person may state the belief in the notice. (sec.77-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 78 .