Embargo notice for evidence about heavy vehicle or dangerous goods#

46BEmbargo notice#

1. (1)This section applies if—
2. (a)an authorised officer may seize a document, device or other thing under this part in relation to a heavy vehicle, a prescribed dangerous goods vehicle or the transport of dangerous goods; and
3. (b)the thing can not, or can not readily, be physically seized and removed.

1. (2)The authorised officer may issue a written notice (embargo notice) under this section prohibiting any dealing with the thing or any part of it without the written consent of the chief executive, commissioner or authorised officer.

1. (3)The embargo notice—
2. (a)must be in the approved form, or contain the particulars prescribed under a regulation; and
3. (b)must list the activities it prohibits; and
4. (c)must set out a copy of section 46C(1) and (3).

1. (4)The authorised officer may issue the embargo notice—
2. (a)by causing a copy of it to be served on the relevant entity; or
3. (b)if the relevant entity can not be located after all reasonable steps have been taken to do so, by fixing a copy of the embargo notice in a prominent position on the thing the subject of the notice.

1. (5)In this section—

dealing

with a thing or part of a thing, includes— (a) moving, selling, leasing or transferring the thing or part; and (b) changing information on, or deleting information from, the thing or part.

relevant entity

for an embargo notice, means— (a) the person in control of the heavy vehicle or prescribed dangerous goods vehicle to which the thing the subject of the embargo notice relates; or (b) the occupier of the place in which the thing the subject of the embargo notice is located.

46CNoncompliance with embargo notice#

1. (1)A person who knows that an embargo notice relates to a document, device or other thing (the embargoed thing) must not—
2. (a)do anything the notice prohibits; or
3. (b)instruct someone else to do anything the notice prohibits or prohibits the person from doing.

Maximum penalty—80 penalty units.

1. (2)In a proceeding for an offence against subsection (1) to the extent it relates to a charge that the person charged with the offence (defendant) moved the embargoed thing, or part of it, it is a defence if the defendant proves that he or she—
2. (a)moved the embargoed thing, or part of it, to protect or preserve it; or
3. (b)notified the authorised officer who issued the embargo notice of the move and new location of the embargoed thing, or part of it, within 48 hours after the move.

1. (3)A person served with an embargo notice must take all reasonable steps to stop any other person from doing anything forbidden by the notice.

Maximum penalty—80 penalty units.

1. (4)Despite any other Act or law, a sale, lease, transfer or other dealing with an embargoed thing in contravention of this section is void.