Tobacco and Other Smoking Products Act 1998
sec.218Notice of damage
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sec.218 Notice of damage
This section applies if— an authorised person damages something when exercising or purporting to exercise a power under this part; or a person (the other person ) acting under the direction of an authorised person damages something when exercising or purporting to exercise a power under this part. The authorised person must promptly give written notice of particulars of the damage to the person who appears to be the owner of the thing. If the authorised person believes the damage was caused by a latent defect in the thing or circumstances beyond the authorised person’s or other person’s control, the authorised person may state it in the notice. If, for any reason, it is impracticable to comply with subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. This section does not apply to damage the authorised person reasonably believes is trivial. In this section— owner , of a thing, includes the person in possession or control of it. (sec.218-ssec.1) This section applies if— an authorised person damages something when exercising or purporting to exercise a power under this part; or a person (the other person ) acting under the direction of an authorised person damages something when exercising or purporting to exercise a power under this part. (sec.218-ssec.2) The authorised person must promptly give written notice of particulars of the damage to the person who appears to be the owner of the thing. (sec.218-ssec.3) If the authorised person believes the damage was caused by a latent defect in the thing or circumstances beyond the authorised person’s or other person’s control, the authorised person may state it in the notice. (sec.218-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (sec.218-ssec.5) This section does not apply to damage the authorised person reasonably believes is trivial. (sec.218-ssec.6) In this section— owner , of a thing, includes the person in possession or control of it.
- (a) an authorised person damages something when exercising or purporting to exercise a power under this part; or
- (b) a person (the other person ) acting under the direction of an authorised person damages something when exercising or purporting to exercise a power under this part.