117Offence to use unregistered boat with false identifying mark

117 Offence to use unregistered boat with false identifying mark

(1) The owner of a boat that is not registered under this Part must ensure that the boat does not display any identifying mark that was previously assigned to the boat or any mark that closely resembles an identifying mark.

(2) The master of a boat that is not registered under this Part must ensure that the boat does not display any identifying mark that was previously assigned to the boat or any mark that closely resembles an identifying mark.

(3) Subregulations (1) and (2) do not apply to the owner or master of—

(a) a boat that is not in use; or

(b) a boat that is being used to carry out any activity that displays a mark which is required to be displayed under any other law of Victoria or of the Commonwealth.

Part 6—General restrictions and prohibitions relating to fishing, fishing equipment, fishing methods, boats and signage

Division 1—Restrictions relating to recreational fishing equipment

118 Application of Division

This Division does not apply to a person who uses or possesses recreational fishing equipment in contravention of this Division if that person—

(a) is the holder of, or is acting on behalf of the holder of, a commercial fishery licence authorising the use or possession of that equipment and the person is acting in accordance with the licence, the Act and these Regulations; or

(b) is the holder of, or is acting on behalf of the holder of, a permit authorising the use or possession of that equipment and the person is acting in accordance with the permit, the Act and these Regulations.

Under section 45A of the National Parks Act 1975, a person must not take, or attempt to take, fish or fishing bait from an area in a marine national park or a marine sanctuary unless authorised to do so by a permit under section 21A of that Act. Section 45A of that Act further prohibits a person from using recreational fishing equipment in a marine national park or a marine sanctuary. The prohibitions in section 45A of the National Parks Act 1975 prevail over any licence, permit or other authority issued under the Act.