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s 157

Notice of damage

In force
Part 7Investigators
Division 4General investigation matters

157 Notice of damage

(1)

This section applies if—

(a)

an investigator damages property when exercising or purporting to exercise a power; or

(b)

a person (the other person) acting under the direction of an investigator damages property.

(2)

The investigator must immediately give notice of particulars of the damage to the person who appears to the investigator to be the owner of the property.

(3)

If the investigator believes the damage was caused by a latent defect in the property or circumstances beyond the investigator’s or other person’s control, the investigator may state the belief in the notice.

(4)

If, for any reason, it is impracticable to comply with subsection (2), the investigator must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.

(5)

This section does not apply to damage the investigator reasonably believes is trivial.

(6)

In subsection (2)—

owner, of property, includes the person in possession or control of it.

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