12Identification code for a boat

#### 12 Identification code for a boat (1) If AFMA grants a statutory fishing right or a fishing permit for a boat, it must allocate an identification code to the boat. (1A) The identification code: (a) must be in the form of a letter or letters; and (b) may include a number or numbers. (2) The boat’s identification code must be shown on the boat: (a) above its water line; and (b) on each bow; and (c) in a reasonably legible form; and (d) in paint that contrasts with the colour of the bow; and (e) in letters and figures at least 300 millimetres in depth. (3) If: (a) the boat is being used in accordance with the right or permit; and (b) the boat does not display its identification code in accordance with subregulation (2); the master and the owner of the boat are each guilty of an offence. Penalty: 15 penalty units. (3A) It is a defence to a prosecution under subregulation (3) if the defendant has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the Criminal Code. (4) If: (a) the right or permit ceases to apply in relation to the boat; and (b) the boat’s identification code is not removed or obliterated as soon as practicable; the master and the owner of the boat are guilty of an offence. Penalty: 15 penalty units. (5) If: (a) the boat is being used in accordance with the right or permit; and (b) the boat’s bow shows a letter or letters and a number that are not: (i) the boat’s name or identification code; or (ii) an identification marking allocated to the boat under a law of a State or Territory; the master and the owner of the boat are each guilty of an offence. Penalty: 15 penalty units. (5A) It is a defence to a prosecution under subregulation (5) if the defendant has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the Criminal Code. (6) Subregulations (3) and (4) do not apply in relation to a boat that: (a) is licensed to be used to take fish under a law of a State or Territory; and (b) displays an identifying marking under that law. (7) An offence under subregulation (3), (4) or (5) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code.