Western Australian Numbered Acts

RAIL SAFETY ACT 2010 (NO. 18 OF 2010) - SECT 101

101 .         Embargo notices

        (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 an embargo notice under this section.

        (3)         An embargo notice is a 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 Rail Safety Regulator.

        (4)         The embargo notice must —

            (a)         contain the particulars required by the regulations; and

            (b)         list the activities that it forbids; and

            (c)         set out a copy of subsection (9).

        (5)         On issuing an embargo notice, a rail safety officer must —

            (a)         cause a copy of the notice to be served on the owner of the record, device or other thing; or

            (b)         if that person 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.

        (6)         A person must not knowingly do anything that is forbidden by an embargo notice.

        Penalty: a fine of $28 000.

        (7)         A person must not instruct or request another person to do anything that the first mentioned person knows is forbidden by an embargo notice.

        Penalty: a fine of $28 000.

        (8)         It is a defence to a prosecution for an offence against subsection (6) to establish that the person charged —

            (a)         moved the record, device or other thing, or part of it, for the purpose of protecting or preserving it; and

            (b)         notified the rail safety officer who issued the embargo notice of the move, and of the new location of the record, device or other thing or part of it, within 48 hours after the move.

        (9)         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.

        Penalty: a fine of $28 000.

        (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.