sec.72Notice of damage

sec.72 Notice of damage

This section applies if— an enforcement officer damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an enforcement officer damages something. However, this section does not apply to damage the enforcement 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 enforcement 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 enforcement officer must— leave the notice at or on the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way. The enforcement officer may delay complying with subsection (3) or (4) if the officer reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the officer. The delay may be only for so long as the enforcement officer continues to have the reasonable suspicion and remains in the vicinity of the place. If the enforcement 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 73 . (sec.72-ssec.1) This section applies if— an enforcement officer damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an enforcement officer damages something. (sec.72-ssec.2) However, this section does not apply to damage the enforcement 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.72-ssec.3) The enforcement 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.72-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the enforcement officer must— leave the notice at or on the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way. (sec.72-ssec.5) The enforcement officer may delay complying with subsection (3) or (4) if the officer reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the officer. (sec.72-ssec.6) The delay may be only for so long as the enforcement officer continues to have the reasonable suspicion and remains in the vicinity of the place. (sec.72-ssec.7) If the enforcement 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.72-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 73 .