CONFISCATION ACT 1997 - SECT 93 Embargo notice
CONFISCATION ACT 1997 - SECT 93
Embargo notice(1) In this section, "property" does not include real property.
S. 93(2) amended by No. 37/2014 s. 10(Sch. item 25.13).
(2) A police officer executing a search warrant who is authorised by that warrant or section 92 to seize property may, if the property cannot, or cannot readily, be physically seized and removed, issue an embargo notice in the prescribed form—
(a) by causing a copy of the notice to be served on the person in possession of the property; or
(b) if that person cannot be located after all reasonable steps have been taken to do so, by affixing the copy to the property in a prominent position.
S. 93(3) amended by No. 43/1998
s. 26(1).
(3) A person who knows that an embargo notice relates to property and who—
S. 93(3)(a) inserted by No. 43/1998
s. 26(1).
(a) sells; or
S. 93(3)(b) inserted by No. 43/1998
s. 26(1).
(b) leases; or
S. 93(3)(c) inserted by No. 43/1998
s. 26(1), amended by No. 37/2014 s. 10(Sch. item 25.13).
(c) without the written consent of the police officer who issued the embargo notice, moves; or
S. 93(3)(d) inserted by No. 43/1998
s. 26(1).
(d) transfers; or
S. 93(3)(e) inserted by No. 43/1998
s. 26(1).
(e) otherwise deals with—
the property, or any part of the property, while the embargo notice is in force is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both.
S. 93(4) amended by No. 68/2009 s. 97(Sch. item 23.59).
(4) It is a defence to a prosecution for an offence against subsection (3) to prove that the accused moved the property or the part of the property for the purpose of protecting and preserving it.
S. 93(5) amended by No.
43/1998
s. 26(2).
(5) Despite anything in any other Act, a sale, lease, transfer or other dealing with property in contravention of this section is void.
S. 93(6) amended by No. 68/2010 s. 57.
(6) If an application for a restraining order or a civil forfeiture restraining order in respect of tainted property to which an embargo notice relates is not made within 21 days after the issue of an embargo notice, the embargo notice ceases to be in force at the end of that period but, if such an application is made, it continues in operation until that application is determined.