Northern Territory Numbered Acts Northern Territory Numbered Acts(1) This section applies if:
(a) a rail safety officer is authorised to seize any record, device or other thing under this Part; and
(b) the record, device or other thing cannot, or cannot readily, be physically seized and removed.
(2) A rail safety officer may issue a notice (an embargo notice ) forbidding the use, movement, sale, leasing, transfer, deletion of information from or other dealing with the record, device or other thing, or any part of it, without the written consent of a rail safety officer or the Director.
(3) The embargo notice must:
(a) contain the prescribed particulars; and
(b) list the activities that it forbids; and
(c) set out a copy of subsection (8).
(4) On issuing an embargo notice, a rail safety officer must:
(a) serve a copy of the notice on the owner of the record, device or other thing; or
(b) if the owner cannot be located after all reasonable steps have been taken to do so, affix a copy of the notice to the record, device or other thing in a prominent position.
(5) A person must not do anything that is forbidden by an embargo notice.
Fault elements:
The person:
(a) knows doing the thing is forbidden by the embargo notice; and
(b) intentionally does the thing.
Maximum penalty: 200 penalty units.
(6) A person must not instruct or request another person to do anything that is forbidden by an embargo notice.
Fault elements:
The person:
(a) knows doing the thing is forbidden by the embargo notice; and
(b) intentionally instructs or requests the other person to do the thing.
Maximum penalty: 200 penalty units.
(7) It is a defence to a prosecution for an offence against subsection (5) or (6) if the defendant establishes that the defendant:
(a) moved, or caused to be moved, the record, device or other thing, or part of it, to protect or preserve it; and
(b) notified the rail safety officer who issued the embargo notice about the move, and of the new location of the record, device or other thing or part of it, within 48 hours after the move.
(8) A person on whom an embargo notice has been served must take reasonable steps to prevent another person from doing anything forbidden by the embargo notice.
Maximum penalty: 50 penalty units.
(9) An offence against subsection (8) is an offence of strict liability.
(10) Despite anything to the contrary in any other Act or at law, a sale, lease, transfer or other dealing with a record, device or other thing, or part of it, in contravention of this section, is void.