(a)an authorised officer damages anything when exercising or purporting to exercise a power under a transport Act; or
(b)a person acting under the direction or authorisation of an authorised officer damages anything.
(2)The officer must promptly give written notice of particulars of the damage to the following person—
(a)if the thing is a vehicle that has a registered operator—the registered operator;
(b)if the thing is anything else—the person who appears to be its owner.
(3)If the officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s control, the officer may state it in the notice.
(4)If, for any reason, it is not practicable to comply with subsection (2), the officer must leave the notice where the damage happened, in a reasonably secure way and in a conspicuous position.
(5)This section does not apply to damage the officer reasonably believes is trivial.
(6)In this section— transport Act does not include the Tow Truck Act 2023.
(1)This section does not apply to the exercise of a power (including the making of a requirement) to which section 31(1)(a) applies.
(2)A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under a transport Act, including, for example, in complying with a requirement made of the person.
(3)Compensation may be claimed and ordered in a proceeding—
(a)brought in a court with jurisdiction for the recovery of the compensation; or
(b)for an offence against this Act brought against the person claiming compensation.
(4)A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.
(5)A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.
(6)In this section— transport Act does not include the Tow Truck Act 2023.
