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Short
title |
Olbers v Commonwealth |
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Parties |
Olbers Co. Ltd. |
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| v |
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Commonwealth of Australia,
Australian Fisheries Management Authority |
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Forum |
Federal Court of Australia |
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Date |
12 March 2004 |
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Reported |
[2004] FCA 229 |
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Casenote |
Casenote
IFLPR 1(1) |
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Abstract |
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The Federal Court
of Australia dismissed a challenge by the owners of the fishing
vessel
Volga
to have their vessel returned after it was apprehended in the
Southern Ocean for allegedly fishing for Patagonian toothfish.
The vessel owners
challenged the AFMA’s action on the grounds that the boat was not
forfeited to the Commonwealth, that the forfeiture provisions
under the 1991 Fisheries Management Act were unconstitutional and
that the boarding and seizure of the vessel in the Southern Ocean
outside the Australian Fishing Zone (AFZ) was unlawful. The Court
upheld the Australian Government view that foreign fishing vessels
apprehended for fishing unlawfully in Australian waters were
automatically subject to forfeiture, along with its equipment and
catch, and became the property of the Commonwealth.
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Bibliographic references |
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