Document ID: chunk:federal_register_of_legislation:F2024C00392:clause:1_54
Version: federal_register_of_legislation:F2024C00392
Segment Type: clause
Provision Reference: sch 1 cl 54
Character Range: 74697–76897

54  Embargo notices
 (1) This section applies where:
 (a) an authorised officer is authorised to seize any record, device or other thing under this Part; and
 (b) the record, device or other thing cannot, or cannot readily, be physically seized and removed.
 (2) The officer may issue an embargo notice under this section.
 (3) An embargo notice is a notice forbidding the movement, sale, leasing, transfer, deletion of information from or other dealing with the record, device or other thing, or any part of it, without the written consent of the officer or the Competent Authority.
 (4) The embargo notice:
 (a) must be in any form, or contain any particulars, required by the {subordinate law}; and
 (b) must list the activities that it forbids; and
 (c) must set out a copy of subsection (8).
 (5) The officer may issue the notice:
 (a) by causing a copy of the notice to be served on the person with responsibility for the vehicle or premises concerned; or
 (b) if that person cannot be located or ascertained after all reasonable steps have been taken to do so, by affixing a copy of the notice to the record, device or other thing in a prominent position.
 (6) A person who knows that an embargo notice relates to a record, device or other thing must not:
 (a) do anything that is forbidden by the notice; or
 (b) instruct another person to do so.
Offence provision.
 (7) It is a defence to a prosecution for an offence against subsection (6) to establish that the person charged:
 (a) moved the record, device or other thing, or part of it, to protect or preserve it; or
 (b) notified the officer who issued the notice of the move, and of the new location of the record, device or other thing or part of it, within 48 hours after the move.
 (8) A person upon whom an embargo notice has been served must take reasonable steps to prevent any other person from doing anything forbidden by the notice.
Offence provision.
 (9) Despite anything in any other Act, a sale, lease or transfer or other dealing with a record, device or other thing, or part of it, in contravention of this section is void.
 {(10) Offences under this section are offences of strict liability.}

Division 8—Miscellaneous