Persons not to move etc. seized goods
60 Persons not to move etc. seized goods
Causing seized goods to be moved etc.
A person contravenes this subsection if:
the person engages in conduct; and
the conduct causes goods to be moved, altered or interfered with; and
the goods are the subject of a notice under subsection 59(2).
Subsection (1) does not apply if the person engages in the conduct in accordance with a direction given to the person by the CEO.
A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.
Failing to take precautions to prevent moving etc. of seized goods
A person contravenes this subsection if:
the person is given under subsection 59(3) a copy of a notice under subsection 59(2); and
the person fails to take all reasonable precautions, or to exercise all due diligence, to prevent the moving, alteration or interference with the goods to which the notice relates except in accordance with a direction given by the CEO.
Penalties
A person commits an offence if the person contravenes subsection (1) or (3).
The physical elements of an offence against this subsection are set out in the subsection contravened (see subsection 6B(3)).
Penalty: 500 penalty units.
A person commits an offence of strict liability if the person contravenes subsection (1) or (3).
Penalty: 60 penalty units.
A person is liable to a civil penalty if the person contravenes subsection (1) or (3).
Civil penalty: 600 penalty units.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.