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QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 106T
Notice of damage
106T Notice of 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 notice of 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 where 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.
(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 106U .
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