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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 46C
Noncompliance with embargo notice
46C Noncompliance with embargo notice
(1) A person who knows that an embargo notice relates to a document, device or
other thing (the
"embargoed thing" ) must not— (a) do anything the notice prohibits; or
(b)
instruct someone else to do anything the notice prohibits or prohibits the
person from doing.
Penalty— Maximum penalty—80 penalty units.
(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— (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.
(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. Penalty— Maximum penalty—80
penalty units.
(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.
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