162Embargo notices

162 Embargo notices (1) An inspector executing a search warrant issued under section 157(3) authorising the seizure of any thing may issue an embargo notice, if the thing cannot, or cannot readily, be physically seized and removed. S. 162(1A) inserted by No. 50/2014 s. 19(1). (1A) If, during a search under section 153(1), an inspector finds goods referred to in that section on the premises, the inspector may issue an embargo notice in respect of the goods. S. 162(1B) inserted by No. 50/2014 s. 19(1). (1B) Subsection (1A) does not apply in relation to goods that the inspector believes on reasonable grounds present a threat of imminent injury or death. S. 162(2) substituted by No. 50/2014 s. 19(2). (2) An embargo notice must be issued— (a) by giving a copy of the notice to the occupier or the person who has or may reasonably be presumed to have control over the business conducted at the premises; or (b) if neither of the persons referred to in paragraph (a) can 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. (3) An embargo notice must be in the prescribed form. (4) 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. Penalty: 60 penalty units. (5) It is a defence to a prosecution for an offence against subsection (4) to prove that the accused moved the thing or the part of the thing for the purpose of protecting and preserving it. S. 162(5A) inserted by No. 50/2014 s. 19(3). (5A) An embargo notice issued under subsection (1A) ceases to have effect at the end of 72 hours after the notice is given or affixed under subsection (2). (6) Despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of this section is void.