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Health Practitioner Regulation National Law Act 2009
sch-sec.18-oc.2Damage to property
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### sch-sec.18-oc.2 Damage to property
This clause applies if—
an investigator damages property when exercising or purporting to exercise a power; or
a person (the other person ) acting under the direction of an investigator damages property.
The investigator must promptly give written notice of particulars of the damage to the person who appears to the investigator to be the owner of the property.
If the investigator believes the damage was caused by a latent defect in the property or circumstances beyond the investigator’s or other person’s control, the investigator must state the belief in the notice.
If, for any reason, it is impracticable to comply with subclause (2), the investigator must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.
This clause does not apply to damage the investigator reasonably believes is trivial.
In this clause—
owner , of property, includes the person in possession or control of it.
(sch-sec.18-oc.2-ssec.1) This clause applies if— an investigator damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an investigator damages property.
(sch-sec.18-oc.2-ssec.2) The investigator must promptly give written notice of particulars of the damage to the person who appears to the investigator to be the owner of the property.
(sch-sec.18-oc.2-ssec.3) If the investigator believes the damage was caused by a latent defect in the property or circumstances beyond the investigator’s or other person’s control, the investigator must state the belief in the notice.
(sch-sec.18-oc.2-ssec.4) If, for any reason, it is impracticable to comply with subclause (2), the investigator must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.
(sch-sec.18-oc.2-ssec.5) This clause does not apply to damage the investigator reasonably believes is trivial.
(sch-sec.18-oc.2-ssec.6) In this clause— owner , of property, includes the person in possession or control of it.
- (a) an investigator damages property when exercising or purporting to exercise a power; or
- (b) a person (the other person ) acting under the direction of an investigator damages property.