(1) This section
applies to the owner of a place who owes a duty of care to an individual who
enters that place.
(2) An action in tort
does not lie against the owner of a place for death or injury suffered by an
individual resulting from the individual’s involvement in graffiti
removal under this Act or under a community order, unless a breach of the
owner’s duty of care amounts to gross negligence.
(3) An action in tort
against the owner that is prevented by subsection (2) may be taken instead
against the State as if the State owed the duty of care.
(4) If a breach of the
owner’s duty of care is found to have amounted to gross negligence, the
State may recover from the owner as a debt any damages, including costs, paid
by the State as a result of any action taken under subsection (3).