Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_55
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 55
Character Range: 116797–119245

55  Embargo notices
 (1) This section applies where:
 (a) an authorised officer or police 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, the Authority or the Commissioner of Police.
 (4) The embargo notice:
 (a) must be in the form, or contain the particulars, required by the regulations; 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 occupier of the vehicle, combination or premises concerned; or
 (b) if that person cannot be located 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 commits an offence if:
 (a) the person knows that an embargo notice relates to a record, device or other thing; and
 (b) the person:
 (i) does anything that is forbidden by the notice under this section; or
 (ii) instructs any other person to do anything that is forbidden by the notice under this section or to do anything that the person is forbidden to do by the notice.
 (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, for the purpose of protecting or preserving 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 commits an offence if:
 (a) an embargo notice has been served on the person; and
 (b) the person fails to take reasonable steps to prevent any other person from doing anything forbidden by the notice.
 (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) The offences under this section are offences of strict liability.

Division 10—Miscellaneous