Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 46B

46B Embargo notice

(1) This section applies if—

(a) an authorised officer may seize a document, device or other thing under this part in relation to a heavy vehicle, a prescribed dangerous goods vehicle or the transport of dangerous goods; and

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

(2) The authorised officer may issue a written notice (
"embargo notice" ) under this section prohibiting any dealing with the thing or any part of it without the written consent of the chief executive, commissioner or authorised officer.

(3) The embargo notice—

(a) must be in the approved form, or contain the particulars prescribed under a regulation; and

(b) must list the activities it prohibits; and

(c) must set out a copy of section 46C (1) and (3) .

(4) The authorised officer may issue the embargo notice—

(a) by causing a copy of it to be served on the relevant entity; or

(b) if the relevant entity can not be located after all reasonable steps have been taken to do so, by fixing a copy of the embargo notice in a prominent position on the thing the subject of the notice.

(5) In this section—

"dealing" , with a thing or part of a thing, includes—

(a) moving, selling, leasing or transferring the thing or part; and

(b) changing information on, or deleting information from, the thing or part.

"relevant entity" , for an embargo notice, means—

(a) the person in control of the heavy vehicle or prescribed dangerous goods vehicle to which the thing the subject of the embargo notice relates; or

(b) the occupier of the place in which the thing the subject of the embargo notice is located.