Victorian Numbered Acts

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AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 162

Embargo notices

    (1)     An inspector executing a search warrant issued under section 157(3) authorising the seizure of any thing may issue an embargo notice, if the thing cannot, or cannot readily, be physically seized and removed.

    (2)     An embargo notice must be issued—

        (a)     by serving a copy of the notice on the occupier; or

        (b)     if that person cannot be located after all reasonable steps have been taken to do so, by affixing a copy of the notice to the thing in a prominent position.

    (3)     An embargo notice must be in the prescribed form.

    (4)     A person who knows that an embargo notice relates to a thing must not—

        (a)     sell; or

        (b)     lease; or

        (c)     without the written consent of the inspector who issued the embargo notice, move; or

        (d)     transfer; or

        (e)     otherwise deal with—

the thing or any part of the thing.

Penalty:     60 penalty units.

    (5)     It is a defence to a prosecution for an offence against subsection (4) to prove that the accused moved the thing or the part of the thing for the purpose of protecting and preserving it.

    (6)     Despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of this section is void.



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