193Embargo notice

193 Embargo notice

(1) An inspector executing a search warrant under section 189 who is authorised by that warrant to seize any thing may, if the thing cannot, or cannot readily, be physically seized and removed, issue an embargo notice in the prescribed form—

(a) by causing a copy of the notice to be served on the occupier; 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 thing in a prominent position.

(2) A person who knows that an embargo notice relates to a thing must not—

(a) sell; or

(b) lease; or

(c) without the written consent of the inspector who issued the embargo notice, move; or

(d) transfer; or

(e) otherwise deal with—

the thing or any part of the thing.

S. 193(3) amended by No. 68/2009 s. 97(Sch. item 4.7).

(3) It is a defence to a prosecution for an offence against subsection (2) to prove that the accused moved the thing or the part of the thing for the purpose of protecting and preserving it.

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

Division 7—Processes to deal with seized equipment or goods