Under the Fisheries Act 1959 (Tas), a lessee or bailee of a vessel is not 'the owner' for the purposes of disputing forfeiture under s 59(2). Section 61(1) (automatic condemnation upon conviction) operates independently of s 59(2) and is not displaced by an owner's notice disputing forfeiture. Cole v Esanda Ltd [1982] Tas R 130 is overruled on the latter point. The Act has since been repealed, limiting the ongoing significance of these holdings.
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