Western Australian Consolidated Acts

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BOTANIC GARDENS AND PARKS AUTHORITY ACT 1998 - SECT 48

48 .         Liability for acts of children

        (1)         Where loss is suffered by the Authority as a result of any damage to, or destruction of, any property owned by or under the control and management of the Authority by the intentional or negligent act or omission of a child, the Authority may recover the amount of that loss from a responsible adult by action in a court of competent jurisdiction unless the responsible adult shows that he or she did not contribute to the act or omission of the child by neglecting to exercise due care and control of the child.

        (2)         Subsection (1) is in addition to section 58 of the Young Offenders Act 1994 .

        (3)         In subsection (1) — 

        child means a person who has not reached the age of 18 years;

        responsible adult , in relation to a child, has the same meaning as it has in section 58 of the Young Offenders Act 1994 in relation to a young person within the meaning of that Act.



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