LOCAL GOVERNMENT ACT 2009 - SECT 150CM Notice about damage

LOCAL GOVERNMENT ACT 2009 - SECT 150CM

150CM Notice about damage

(1) This section applies if—

(a) an investigator damages something when exercising, or purporting to exercise, a power; or

(b) a person (the
"assistant" ) acting under the direction or authority of an investigator damages something.

(2) However, this section does not apply to damage the investigator reasonably considers is trivial or if the investigator reasonably believes—

(a) there is no-one apparently in possession of the thing; or

(b) the thing has been abandoned.

(3) The investigator must give a notice about the damage to a person who appears to the investigator to be an owner, or person in control, of the thing.

(4) However, if for any reason it is not practicable to comply with subsection (3) , the investigator must—

(a) leave the notice at the place at which the damage happened; and

(b) ensure it is left in a conspicuous position and in a reasonably secure way.

(5) The investigator may delay complying with subsection (3) or (4) if the investigator reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the investigator.

(6) The delay may be only for so long as the investigator continues to have the reasonable suspicion and remains in the vicinity of the place at which the damage happened.

(7) If the investigator believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the investigator or the assistant, the investigator may state the belief in the notice.

(8) The notice must state—

(a) particulars of the damage; and

(b) that the person who suffered the damage may claim compensation under section 150CN .