580Notice of damage

580 Notice of damage

580 Notice of damage

(1) This section applies if—

(a) an authorised officer damages something when exercising, or purporting to exercise, a power under this Law; or

(b) a person (the assistant) acting under the direction or authority of an authorised officer damages something.

(2) However, this section does not apply to damage if the authorised officer reasonably believes—

(a) the thing has been restored to the condition it was in immediately before the officer exercised the power, or the assistant took action under the officer’s direction or authority; or

(b) the damage is trivial; or

(c) there is no-one apparently in possession of the thing; or

(d) the thing has been abandoned; or

(e) the damage was not caused by an improper or unreasonable exercise of a power or the use of unauthorised force.

(3) The authorised 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.

(4) However, if for any reason it is not practicable to comply with subsection (3), the authorised officer must—

(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.

(5) The notice must state—

(a) particulars of the damage; and

(b) that the person who suffered the damage may claim compensation under section 581.

(6) If the authorised officer believes the damage was caused by a latent defect in the thing or circumstances beyond the control of the officer or the assistant the officer may state the belief in the notice.

(7) The authorised 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 under this Law.

(8) The delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place.