Australian Capital Territory Current Acts

HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 560

    (1)     This section applies if—

        (a)     an authorised officer has issued an embargo notice for a thing; and

        (b)     the thing has not been forfeited under Division 3.

    (2)     The authorised officer must withdraw the embargo notice—

        (a)     generally—at the end of 3 months after it is issued; or

        (b)     if a relevant tribunal or court has made an order under subsection (5) extending the time for withdrawing the notice—at the end of the extended time; or

        (c)     if a proceeding for an offence involving the thing is started before the notice must be withdrawn under paragraph (a) or (b)—at the end of the proceeding and any appeal from the proceeding.

    (3)     Despite subsection (2), if the embargo notice is issued on the basis that the thing may provide evidence of an offence against this Law, the authorised officer must as soon as practicable withdraw the notice if the officer is satisfied—

        (a)     the thing is no longer required as evidence of an offence against this Law; and

        (b)     it is not necessary for the notice to continue to prevent the thing being used to continue, or repeat, the offence.

    (4)     An authorised officer may apply to a relevant tribunal or court within 3 months after the embargo notice is issued for an extension of the time by which the notice must be withdrawn under this section.

    (5)     The relevant tribunal or court may order the extension if it is satisfied the continued operation of the embargo notice is necessary for investigation purposes.