67Embargo notices

67 Embargo notices (a) an authorised officer is authorised by the Competent Authority to seize any record, device or other thing (the relevant thing) from a vehicle or premises under this Part; and

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 49 (b) the relevant thing cannot, or cannot readily, be physically seized and removed. (2) The officer may issue a notice (an embargo notice) forbidding any dealing with the relevant thing or a part of (including, for example, its movement, sale, leasing, or transfer and deletion of information from it) without the written consent of: (a) the officer; or (b) the Competent Authority. (3) The embargo notice must: (a) be as prescribed by regulation; and (b) list the activities that it forbids; and (c) set out the offences against subsections (5) and (7). (4) The officer may issue the notice: (a) by causing a copy of the notice to be served on the person with responsibility for the vehicle or premises; or (b) if that person cannot be located or ascertained after all reasonable steps have been taken to do so – by affixing a copy of the notice to the relevant thing in a prominent position. (5) A person must not: (a) engage in conduct forbidden by the embargo notice; or (b) instruct another person to engage in such conduct. (a) knows the conduct is forbidden by the embargo notice; and (b) intentionally: (i) engages in the conduct; or (ii) instructs another person to do so.

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 50 subsection (5) if the defendant establishes that the defendant: (a) moved the relevant thing, or part of it, to protect or preserve it; and (b) notified the officer who issued the notice of the move, and of the new location of the relevant thing or part of it, within 48 hours after the move. (7) A person on whom an embargo notice has been served must take reasonable steps to prevent anyone from engaging in conduct forbidden by the notice. (8) An offence against subsection (7) is an offence of strict liability. (9) It is a defence to a prosecution for an offence against subsection (7) if the defendant establishes a reasonable excuse. (10) 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.