sec.109Authorised officer to give notice of damage

### sec.109 Authorised officer to give notice of damage This section applies if— an authorised officer damages anything in the exercise of a power under this Act; or a person who is authorised by an authorised officer to take action under this Act damages anything in taking the action. See section 95 (2) (b) . The authorised officer must promptly give written notice of the particulars of the damage. The notice must be given— if the thing is a ship or is on a ship—to the ship’s master; or otherwise—to the person who appears to the authorised officer to be the thing’s owner. If the authorised officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the officer’s control, the officer may state this in the notice. If, for any reason, it is not practicable to comply with subsection (3) , the authorised officer must— leave the notice at the place where the damage happened; and ensure the notice is left in a reasonably secured way in a conspicuous position. This section does not apply to damage the authorised officer believes, on reasonable grounds, is trivial. s 109 amd 2010 No. 13 s 88 sch (sec.109-ssec.1) This section applies if— an authorised officer damages anything in the exercise of a power under this Act; or a person who is authorised by an authorised officer to take action under this Act damages anything in taking the action. See section 95 (2) (b) . (sec.109-ssec.2) The authorised officer must promptly give written notice of the particulars of the damage. (sec.109-ssec.3) The notice must be given— if the thing is a ship or is on a ship—to the ship’s master; or otherwise—to the person who appears to the authorised officer to be the thing’s owner. (sec.109-ssec.4) If the authorised officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the officer’s control, the officer may state this in the notice. (sec.109-ssec.5) If, for any reason, it is not practicable to comply with subsection (3) , the authorised officer must— leave the notice at the place where the damage happened; and ensure the notice is left in a reasonably secured way in a conspicuous position. (sec.109-ssec.6) This section does not apply to damage the authorised officer believes, on reasonable grounds, is trivial. - (a) an authorised officer damages anything in the exercise of a power under this Act; or - (b) a person who is authorised by an authorised officer to take action under this Act damages anything in taking the action. Note— See section 95 (2) (b) . - (a) if the thing is a ship or is on a ship—to the ship’s master; or - (b) otherwise—to the person who appears to the authorised officer to be the thing’s owner. - (a) leave the notice at the place where the damage happened; and - (b) ensure the notice is left in a reasonably secured way in a conspicuous position.