sec.636Giving notice of damage

### sec.636 Giving notice of damage This section applies if— a police officer damages something when exercising a power under this or another Act; or an assistant damages something. This section also applies if a protective services officer damages something when exercising a power under chapter 19 , part 1 or another Act. The police officer or protective services officer must promptly give written notice to the person who appears to be the owner of the thing— stating the nature of the damage; and if the officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s or assistant’s control—stating the officer’s belief. However, if the officer reasonably suspects giving the notice may frustrate or otherwise hinder an investigation, the officer may delay giving the notice, but only for so long as— the officer continues to have the reasonable suspicion; and that officer or a police officer involved in the investigation remains in the vicinity of the place. If the owner is not present, the notice must be left in a conspicuous place. This section does not apply— to damage the officer reasonably believes is trivial; or if the officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned. In this section— owner , of a thing, includes the person in possession of the thing. s 636 (prev s 329) renum 2000 No. 22 s 22 amd 2022 No. 9 s 12 (sec.636-ssec.1) This section applies if— a police officer damages something when exercising a power under this or another Act; or an assistant damages something. (sec.636-ssec.2) This section also applies if a protective services officer damages something when exercising a power under chapter 19 , part 1 or another Act. (sec.636-ssec.3) The police officer or protective services officer must promptly give written notice to the person who appears to be the owner of the thing— stating the nature of the damage; and if the officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s or assistant’s control—stating the officer’s belief. (sec.636-ssec.4) However, if the officer reasonably suspects giving the notice may frustrate or otherwise hinder an investigation, the officer may delay giving the notice, but only for so long as— the officer continues to have the reasonable suspicion; and that officer or a police officer involved in the investigation remains in the vicinity of the place. (sec.636-ssec.5) If the owner is not present, the notice must be left in a conspicuous place. (sec.636-ssec.6) This section does not apply— to damage the officer reasonably believes 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.636-ssec.7) In this section— owner , of a thing, includes the person in possession of the thing. - (a) a police officer damages something when exercising a power under this or another Act; or - (b) an assistant damages something. - (a) stating the nature of the damage; and - (b) if the officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s or assistant’s control—stating the officer’s belief. - (a) the officer continues to have the reasonable suspicion; and - (b) that officer or a police officer involved in the investigation remains in the vicinity of the place. - (a) to damage the officer reasonably believes is trivial; or - (b) if the officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned.