sec.138Notice of damage

sec.138 Notice of damage

This section applies if— an inspector damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an inspector damages something. However, this section does not apply to damage the inspector considers is trivial or if the inspector reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned. The inspector must give notice of the damage to a person who appears to the inspector 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 inspector must— leave the notice at the place where the damage happened; and ensure the notice is left in a conspicuous position and in a reasonably secure way. The inspector may delay complying with subsection (3) or (4) if the inspector reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the inspector’s functions. The delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place. If the inspector believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the inspector or the assistant, the inspector 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 139 . (sec.138-ssec.1) This section applies if— an inspector damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an inspector damages something. (sec.138-ssec.2) However, this section does not apply to damage the inspector considers is trivial or if the inspector reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned. (sec.138-ssec.3) The inspector must give notice of the damage to a person who appears to the inspector to be an owner, or person in control, of the thing. (sec.138-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the inspector must— leave the notice at the place where the damage happened; and ensure the notice is left in a conspicuous position and in a reasonably secure way. (sec.138-ssec.5) The inspector may delay complying with subsection (3) or (4) if the inspector reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the inspector’s functions. (sec.138-ssec.6) The delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place. (sec.138-ssec.7) If the inspector believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the inspector or the assistant, the inspector may state the belief in the notice. (sec.138-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 139 .