sec.53DGNotice of damage

### sec.53DG Notice of damage This section applies if— a discharge officer damages property when exercising or purporting to exercise a power under this part; or a person (the other person ) acting under the direction or authority of a discharge officer damages property. The discharge officer must immediately give notice of particulars of the damage to a person who appears to the officer to be an owner of the property. If the discharge officer believes the damage was caused by a latent defect in the property or circumstances beyond the officer’s or other person’s control, the officer may state the belief in the notice. If, for any reason, it is impracticable to comply with subsection (2) , the discharge officer must leave the notice where the damage happened in a conspicuous position and in a reasonably secure way. This section does not apply to damage the discharge officer reasonably believes is trivial. In this section— owner , of property, includes a person in possession or control of it. s 53DG ins 2010 No. 20 s 9 amd 2011 No. 31 s 377 (sec.53DG-ssec.1) This section applies if— a discharge officer damages property when exercising or purporting to exercise a power under this part; or a person (the other person ) acting under the direction or authority of a discharge officer damages property. (sec.53DG-ssec.2) The discharge officer must immediately give notice of particulars of the damage to a person who appears to the officer to be an owner of the property. (sec.53DG-ssec.3) If the discharge officer believes the damage was caused by a latent defect in the property or circumstances beyond the officer’s or other person’s control, the officer may state the belief in the notice. (sec.53DG-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the discharge officer must leave the notice where the damage happened in a conspicuous position and in a reasonably secure way. (sec.53DG-ssec.5) This section does not apply to damage the discharge officer reasonably believes is trivial. (sec.53DG-ssec.6) In this section— owner , of property, includes a person in possession or control of it. - (a) a discharge officer damages property when exercising or purporting to exercise a power under this part; or - (b) a person (the other person ) acting under the direction or authority of a discharge officer damages property.