Queensland Consolidated Acts

STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 108U

108U Notice of damage—immobilisation warrant

(1) This section applies if an enforcement officer damages property when exercising or purporting to exercise a power under an immobilisation warrant.

(2) The officer must immediately give written notice of particulars of the damage to the person who appears to the officer to be the owner of the property.

(3) If the officer believes the damage was caused by a latent defect in the property or circumstances beyond the officer’s control, the enforcement officer may state the belief in the notice.

(4) If, for any reason, it is impracticable to comply with subsection (2) , the 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 officer reasonably believes is trivial.

(6) In this section—

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