QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.46CNoncompliance with embargo notice
Start here
Get a plain-English read of sec.46C
Turn the raw legal text into a practical explanation grounded in Transport Operations (Road Use Management) Act 1995.
### sec.46C Noncompliance with embargo notice
A person who knows that an embargo notice relates to a document, device or other thing (the embargoed thing ) must not—
do anything the notice prohibits; or
instruct someone else to do anything the notice prohibits or prohibits the person from doing.
Maximum penalty—80 penalty units.
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 the embargoed thing, or part of it, it is a defence if the defendant proves that he or she—
moved the embargoed thing, or part of it, to protect or preserve it; or
notified the authorised officer who issued the embargo notice of the move and new location of the embargoed thing, or part of it, within 48 hours after the move.
A person served with an embargo notice must take all reasonable steps to stop any other person from doing anything forbidden by the notice.
Maximum penalty—80 penalty units.
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 46C ins 2007 No. 43 s 50
amd 2008 No. 66 s 4 sch pt 1
(sec.46C-ssec.1) A person who knows that an embargo notice relates to a document, device or other thing (the embargoed thing ) must not— do anything the notice prohibits; or instruct someone else to do anything the notice prohibits or prohibits the person from doing. Maximum penalty—80 penalty units.
(sec.46C-ssec.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 the embargoed thing, or part of it, it is a defence if the defendant proves that he or she— moved the embargoed thing, or part of it, to protect or preserve it; or notified the authorised officer who issued the embargo notice of the move and new location of the embargoed thing, or part of it, within 48 hours after the move.
(sec.46C-ssec.3) A person served with an embargo notice must take all reasonable steps to stop any other person from doing anything forbidden by the notice. Maximum penalty—80 penalty units.
(sec.46C-ssec.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.
- (a) do anything the notice prohibits; or
- (b) instruct someone else to do anything the notice prohibits or prohibits the person from doing.
- (a) moved the embargoed thing, or part of it, to protect or preserve it; or
- (b) notified the authorised officer who issued the embargo notice of the move and new location of the embargoed thing, or part of it, within 48 hours after the move.