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ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2024 - SECT 114
Notice of damage
114 Notice of damage
(1) This section applies if— (a) an inspector damages something when
exercising, or purporting to exercise, a power; or
(b) a person (the
"assistant" ) acting under the direction or authority of an inspector damages
something.
(2) However, this section does not apply to damage the inspector
considers is trivial or if the inspector reasonably believes— (a) there is
no-one apparently in possession of the thing; or
(b) the thing has been
abandoned.
(3) The inspector must give notice of the damage to a person who
appears to the inspector 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 inspector must— (a) leave the notice at the place where the damage
happened; and
(b) ensure the notice is left in a conspicuous position and in
a reasonably secure way.
(5) The inspector may delay complying with
subsection (3) or (4) if the inspector reasonably suspects complying with the
subsection may frustrate or otherwise hinder the performance of the
inspector’s functions.
(6) The delay may be only for so long as the
inspector continues to have the reasonable suspicion and remains in the
vicinity of the place.
(7) If the inspector believes the damage was caused by
a latent defect in the thing or other circumstances beyond the control of the
inspector or the assistant, the inspector 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 115 .
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