80Identification code for a boat

80 Identification code for a boat

Identification codes (1) AFMA must allocate an identification code to any boat that is to be used for the purposes of a fishing right or fishing permit. (2) The identification code must be in the form of: (a) a number or numbers; or (b) a letter or letters; or (c) a combination of one or more numbers and one or more letters. Requirement to display identification code (3) The identification code must be displayed clearly and prominently on the boat at all times so that it is visible from the outside of the boat. (4) A person commits an offence of strict liability if: (a) the person is the master or owner of a boat; and (b) the boat has been allocated an identification code under subsection (1); and (c) the boat is being used for the purposes of the fishing right or fishing permit for which the identification code was allocated; and (d) the boat does not display its identification code in accordance with subsection (3).

Penalty: 15 penalty units.

Requirement to remove identification code if boat no longer being used (5) The identification code must be removed from the boat or obliterated as soon as practicable after the fishing right or fishing permit ceases to apply in relation to the boat. (6) A person commits an offence of strict liability if: (a) the person is the master or owner of a boat; and (b) the boat has been allocated an identification code under subsection (1); and (c) the fishing right or fishing permit for which the identification code was allocated ceases to apply in relation to the boat; and (d) the boat’s identification code is not removed from the boat or obliterated in accordance with subsection (5).

Penalty: 15 penalty units.

Exception (7) Subsections (4) and (6) 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.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Displaying incorrect information on boat (8) A person commits an offence of strict liability if: (a) the person is the master or owner of a boat; and (b) the boat has been allocated an identification code under subsection (1); and (c) the boat is being used for the purposes of the fishing right or fishing permit for which the identification code was allocated; and (d) the boat shows a letter or number that is 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.

Penalty: 15 penalty units.