Australian Capital Territory Numbered Acts

DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 85

    (1)     This section applies if—

        (a)     an authorised person is authorised to seize something under this part; and

        (b)     the thing cannot, or cannot readily, be physically seized and removed.

    (2)     The authorised person may issue a notice (an embargo notice ) forbidding the movement, sale, leasing, transfer, deletion of information from or other dealing with the thing, or part of the thing, without the written consent of the authorised person or responsible person for the authorised person.

    (3)     The embargo notice must—

        (a)     contain the particulars (if any) prescribed by regulation; and

        (b)     list the activities that it forbids; and

        (c)     set out a copy of section 87 (Offence—fail to prevent someone else doing something forbidden by embargo notice).

    (4)     The authorised person issues the notice—

        (a)     by giving a copy of the notice to the person with responsibility for the premises or vehicle where the embargoed thing is; or

        (b)     if the person with responsibility cannot be located after reasonable steps have been taken to locate the person—by attaching a copy of the notice to the embargoed thing in a prominent position.

    (5)     Despite anything in any other Act, a sale, lease or transfer or other dealing with an embargoed thing, or part of an embargoed thing, in contravention of an embargo notice is void.