sec.38Notice of damage

### sec.38 Notice of damage This section applies if— an authorised person damages property when exercising or purporting to exercise a power under this division; or a person (the other person ) acting under the direction or authority of an authorised person damages property. The authorised person must immediately give notice of particulars of the damage to a person who appears to the authorised person to be an owner of the property. If the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised person’s or other person’s control, the authorised person may state the belief in the notice. If, for any reason, it is impracticable to comply with subsection (2) , the authorised person 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 authorised person reasonably believes is trivial. In this section— owner , of property, includes a person in possession or control of it. s 38 amd 2013 No. 23 s 352 sch 1 pt 1 (sec.38-ssec.1) This section applies if— an authorised person damages property when exercising or purporting to exercise a power under this division; or a person (the other person ) acting under the direction or authority of an authorised person damages property. (sec.38-ssec.2) The authorised person must immediately give notice of particulars of the damage to a person who appears to the authorised person to be an owner of the property. (sec.38-ssec.3) If the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised person’s or other person’s control, the authorised person may state the belief in the notice. (sec.38-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised person must leave the notice where the damage happened in a conspicuous position and in a reasonably secure way. (sec.38-ssec.5) This section does not apply to damage the authorised person reasonably believes is trivial. (sec.38-ssec.6) In this section— owner , of property, includes a person in possession or control of it. - (a) an authorised person damages property when exercising or purporting to exercise a power under this division; or - (b) a person (the other person ) acting under the direction or authority of an authorised person damages property.