Today FM (Sydney) Pty Ltd v Australian Communications and Media Authority [2014] FCAFC 22

FEDERAL COURT OF AUSTRALIA

Today FM (Sydney) Pty Ltd v Australian Communications and Media Authority [2014] FCAFC 22 Citation: Today FM (Sydney) Pty Ltd v Australian Communications and Media Authority [2014] FCAFC 22

Appeal from: Today FM (Sydney) Pty Ltd v Australian Communications and Media Authority [2014] FCA 1157

Parties: TODAY FM (SYDNEY) PTY LTD v AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

File number(s): NSD 2360 of 2013

Judge(s): ALLSOP CJ, ROBERTSON AND GRIFFITHS JJ

Date of judgment: 14 March 2014

Catchwords: ADMINISTRATIVE LAW – powers of the Australian Communications and Media Authority ("the ACMA") – whether the ACMA is empowered to determine that a relevant offence has been committed for the purpose of deciding whether a licence condition has been breached under cl 8, Sch 2 Pt 4 of the Broadcasting Services Act 1992 (Cth) ("the BSA"), where no competent Court has made such a determination STATUTORY INTERPRETATION – proper construction of cl 8, Sch 2 Pt 4 of the BSA – scope of powers conferred upon the ACMA under the BSA – application of the principle of legality – application of general principles of interpretation including those in Balog v Independent Commission Against Corruption (1990) 169 CLR 625

Legislation: Anti-Corruption Commission Act 1988 (WA) Australian Communications and Media Authority Act 2005 (Cth) Australian Securities and Investments Commission Act 2001 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Broadcasting Act 1942 (Cth) Broadcasting Services Act 1992 (Cth) Independent Commission Against Corruption Act 1988 (NSW) Surveillance Devices Act 2007 (NSW) Telecommunications (Interception and Access) Act 1979 (Cth) Tobacco Advertising Prohibition Act 1992 (Cth)