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ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 147
Notice of damage
147 Notice of damage
(1) This section applies if— (a) an authorised officer damages property when
exercising or purporting to exercise a power; or
(b) a person (the
"other person" ) acting under the direction of an authorised officer damages
property.
(2) The authorised officer must immediately give notice of
particulars of the damage to the person who appears to the authorised officer
to be the owner of the property.
(3) If the authorised officer believes the
damage was caused by a latent defect in the property or circumstances beyond
the authorised officer’s or other person’s control, the authorised officer
may state the belief in the notice.
(4) If, for any reason, it is
impracticable to comply with subsection (2) , the authorised officer 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
authorised officer reasonably believes is trivial.
(6) In this section—
"owner" , of property, includes the person in possession or control of it.
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