558Noncompliance with embargo notice

558 Noncompliance with embargo notice

558 Noncompliance with embargo notice

(1) A person (the relevant person) who knows an embargo notice relates to a thing must not—

(a) do anything the notice prohibits; or

(b) instruct someone else (the other person) to do anything the notice prohibits—

(i) anyone from doing; or

(ii) the relevant person or other person from doing.

Maximum penalty—$10000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(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 an embargoed thing, or a part of an embargoed thing, it is a defence for the defendant to prove that he or she—

(a) moved the embargoed thing, or part, to protect or preserve it; and

(b) notified the authorised officer who issued the embargo notice of the move and new location of the embargoed thing, or part, within 48 hours after the move.

(3) A person served with an embargo notice must ensure, so far as is reasonably practicable, another person does not do anything prohibited by the notice.

Maximum penalty—$10000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(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.

s 558: Am 2016 No 65, sec 88.