(1)  Subject to subrule (2) , the holder of a fishing licence (abalone dive) must not take abalone from a fishing vessel if that fishing vessel –

(a) is authorised to be used in the commercial taking and possession of abalone in Victoria; or

(b) has been lawfully used for the taking and possession of abalone in Victoria during the previous 12 months.

Penalty:  Grade 3 penalty.

(2)  Subrule (1) does not apply if –

(a) the holder of a fishing licence (abalone dive) has been notified in writing by the Secretary that the fishing vessel has been disinfected, cleaned or otherwise treated to the satisfaction of the Secretary; and

(b) the fishing vessel has not been used for the taking or possession of abalone in Victoria after the notification referred to in paragraph (a) .