Victorian Numbered Regulations

ACCIDENT TOWING SERVICES REGULATIONS 2019 (SR NO 139 OF 2019) - SCHEDULE 4

Schedule 4—Embargo notice

Regulation 55

EMBARGO NOTICE

1     A search warrant authorised under section 189 of the Accident Towing Services Act 2007 ( the Act ) was issued at a.m./p.m.
on / / by at

2     The warrant authorised the seizure of:

3     Section 193 of the Act provides that an inspector executing a search warrant under section 189 of the Act 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 relation to that thing.

4     The item described below has been embargoed under section 193 of the Act:

5     Section 193(2) of the Act provides that a person who knows that an embargo notice has been issued in relation to a thing must not—

              (i)     sell; or

              (ii)     lease; or

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

              (iv)     transfer; or

              (v)     otherwise deal with—

    the thing or any part of the thing.

    Significant penalties apply for a contravention of section 193(2) of the Act.

6     Section 193(3) of the Act provides that it is a defence to a prosecution for an offence against section 193(2) of the Act to prove that the thing or the part of the thing was moved for the purpose of protecting and preserving it.

7     Section 193(4) of the Act provides that a sale, lease, transfer or other dealing with a thing in contravention of section 193 of the Act is void.

8     This notice was—

    o     served on [ insert name ]

    o     affixed to the item described above.

Signature of inspector:

Name of inspector:

Address:

Telephone number:

Date:                 Time:

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