130Court may prohibit person from being on boats or certain places

130 Court may prohibit person from being on boats or certain places (1) If a court convicts a person of an offence against this Act, the court may on the application of an authorised officer, in addition to any other penalty imposed under this Act, by order prohibit the person from— (a) being on board boats equipped with specified fishing equipment or any specified boat or class of boat equipped with specified fishing equipment; or (b) being in or on any place used for aquaculture or processing fish; or (c) engaging in any fishing activity or any fishing activity of a specified class; or S. 130(1)(d) substituted by No. 80/2000 s. 13. (d) being in possession of specified fishing equipment or fish; or S. 130(1)(e) inserted by No. 80/2000 s. 13, amended by No. 40/2019 s. 29(1). (e) engaging in any activity authorised by a fishery licence unless the person has installed a vessel monitoring system and complies with the prescribed conditions on the use of the system; or S. 130(1)(f) inserted by No. 40/2019 s. 29(2). (f) selling, supplying, processing, receiving or otherwise dealing with fish, protected aquatic biota or noxious aquatic species. (2) A court must not make an order under subsection (1) unless the court is satisfied that— (a) the relevant offence is of a serious nature; and S. 130(2)(b) amended by No. 40/2019 s. 29(3). (b) there are reasonable grounds to believe the person is likely to commit further offences against this Act if the order is not made. (3) An order— (b) has effect for such a period as is specified in the order or, if no period is specified, until the order is rescinded; (4) A person must comply with an order under this section. S. 130AA inserted by No. 21/2011 s. 10. 130AA Court may prohibit persons from recreational fishing (1) If a court convicts or finds a person guilty of an offence against this Act, the court, in addition to any other penalty imposed under this Act, may by order prohibit the person from engaging in recreational fishing. (2) If a person is prohibited from recreational fishing under this section— (a) the person must not take or attempt to take fish from marine waters or inland waters; and (b) the person must not use or possess recreational fishing equipment in, on or next to Victorian waters; and (c) if the person is required to hold a recreational fishery licence to engage in the activities set out in paragraphs (a) and (b)— (i) the person's recreational fishery licence is suspended; and Note to s. 130AA (2)(c)(i) amended by No. 68/2016 s. 175. Under section 58A the holder of a licence suspended under this Act must return the licence to the Victorian Fisheries Authority within 14 days after the suspension takes effect. There is a penalty of 10 penalty units for non‑compliance. (ii) the person is disqualified from holding a recreational fishery licence. (3) An order under this section has effect for the period specified in the order, which must not exceed 12 months. (4) A person must comply with an order under this section. Penalty: 100 penalty units or 6 months imprisonment or both. (5) Subsection (4) does not apply in relation to the prohibitions under subsection (2)(a) or (2)(b) if the person is acting in accordance with a fishery licence (other than a recreational fishery licence) or a permit. S. 130A inserted by No. 80/2000 s. 14.