Damage etc to be minimised
46 Damage etc to be minimised
In the exercise, or purported exercise, of a function under this part, an inspector must take all reasonable steps to ensure that the inspector causes as little inconvenience, detriment and damage as practicable.
If an inspector damages anything in the exercise or purported exercise of a function under this part, the inspector must give written notice of the particulars of the damage to––
for an asset owned by the Territory––the operator of the pool facility; or
in any other case––the person the inspector believes on reasonable grounds is the owner of, or the person responsible for, the thing.
For how documents may be given, see the Legislation Act, pt 19.5.
The notice must state that—
the person may claim compensation from the Territory if the person suffers loss or expense because of the damage; and
compensation may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction; and
the court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case.
If the damage happens at a pool facility entered under this part in the absence of the operator of the pool facility, the notice may be given by leaving it, secured conspicuously, at the pool facility.
This Act’s bill:Explanatory statementSecond reading speech
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