QLDIn ForceAct
Transport Infrastructure Act 1994
sec.475ZDNotice of damage
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### sec.475ZD Notice of damage
This section applies if—
an authorised person damages something when exercising, or purporting to exercise, a power under this division; or
another person acting under the direction or authority of an authorised person when exercising or purporting to exercise a power under this division damages something.
The authorised person must give a signed notice to the person who appears to be the owner or person in possession of the thing.
If for any reason it is not practicable to comply with subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way at the place where the damage happened.
The notice must state the particulars of the damage.
If the authorised person reasonably believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised person or person acting under the direction or authority of the authorised person, the authorised person may state the belief in the notice.
However, an authorised person need not comply with this section if the authorised person reasonably believes the damage is trivial.
s 475ZD ins 2009 No. 47 s 14
(sec.475ZD-ssec.1) This section applies if— an authorised person damages something when exercising, or purporting to exercise, a power under this division; or another person acting under the direction or authority of an authorised person when exercising or purporting to exercise a power under this division damages something.
(sec.475ZD-ssec.2) The authorised person must give a signed notice to the person who appears to be the owner or person in possession of the thing.
(sec.475ZD-ssec.3) If for any reason it is not practicable to comply with subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way at the place where the damage happened.
(sec.475ZD-ssec.4) The notice must state the particulars of the damage.
(sec.475ZD-ssec.5) If the authorised person reasonably believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised person or person acting under the direction or authority of the authorised person, the authorised person may state the belief in the notice.
(sec.475ZD-ssec.6) However, an authorised person need not comply with this section if the authorised person reasonably believes the damage is trivial.
- (a) an authorised person damages something when exercising, or purporting to exercise, a power under this division; or
- (b) another person acting under the direction or authority of an authorised person when exercising or purporting to exercise a power under this division damages something.