Victorian Consolidated Legislation

Travel Agents Act 1986 - SECT 39O

Embargo notice

39O. Embargo notice





(1) An inspector executing a search warrant who is authorised by that warrant
to seize any thing may, if the thing 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 occupier; or





   (b)  if the occupier 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.

(2) A person who knows that an embargo notice relates to a thing and who-

   (a)  sells; or

   (b)  leases; or

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

   (d)  transfers; or

   (e)  otherwise deals with-

the thing or any part of the thing is guilty of an offence and liable to a
penalty not exceeding 50 penalty units.

(3) It is a defence to a prosecution for an offence against subsection (2) to
prove that the defendant moved the thing or the part of the thing for the
purpose of protecting and preserving it.

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