154Power to issue embargo notices

154 Power to issue embargo notices S. 154(1) amended by Nos 37/2014 s. 10(Sch. item 107.8), 34/2023 s. 127(Sch. 1 item 7.40). (1) If a police officer or a transport safety officer believes on reasonable grounds that a recreational vessel is being or has been used in the commission of a relevant offence, he or she may, as soon as practicable after the commission of the relevant offence, issue a notice in the form approved by Safe Transport Victoria specifying a period not exceeding 48 hours during which the recreational vessel may not be operated by any person. (2) A notice under subsection (1) may be served— (a) by causing a copy of the notice to be affixed to the recreational vessel in a prominent position; or (b) by causing a copy of the notice to be given to— (i) the master of the recreational vessel; and (ii) the registered person of the recreational vessel, if he or she is not the person referred to in subparagraph (i); and (iii) the owner of the recreational vessel, if he or she is not the person referred to in subparagraph (i) or (ii) . (3) A notice under subsection (1) must specify— (a) the period during which the recreational vessel may not be operated; and (b) that it is an offence to operate or permit the operation of, a recreational vessel in breach of a notice issued under subsection (1); and (c) if a copy of the notice has been affixed to the recreational vessel, where and how the notice can be removed from the recreational vessel; and (d) any other prescribed matter. (4) A person must not operate, or permit the operation of, a recreational vessel in contravention of a notice issued under subsection (1) in respect of that recreational vessel. (5) It is a defence to a charge under subsection (4) for the person charged to prove that— (a) he or she did not know; and (b) it was not reasonable for him or her to know— that a notice under subsection (1) was issued in respect of the recreational vessel. (6) A person must not remove a copy of a notice affixed to a recreational vessel under this section. S. 154(7) amended by No. 37/2014 s. 10(Sch. item 107.8). (7) Subsection (6) does not apply to a police officer or a transport safety officer who is acting in the course of his or her duties. S. 154(8) amended by No. 37/2014 s. 10(Sch. item 107.8). (8) If a police officer or a transport safety officer has issued and served a notice under subsection (1) in respect of a vessel for a particular relevant offence— (a) the power to issue a notice under subsection (1) in respect of that vessel for that particular relevant offence must not be exercised again; and (b) a prohibition direction must not be issued to the master of the vessel at the time of the particular relevant offence in respect of that offence; and (c) the vessel must not be seized, impounded or immobilised under Part 4.2 for that particular relevant offence.