Channel Seven Brisbane Pty Limited v Australian Communications and Media Authority [2014] FCAFC 179

FEDERAL COURT OF AUSTRALIA

Channel Seven Brisbane Pty Limited v Australian Communications and Media Authority [2014] FCAFC 179 Citation: Channel Seven Brisbane Pty Limited v Australian Communications and Media Authority [2014] FCAFC 179

Appeal from: Channel Seven Brisbane Pty Limited v Australian Communications and Media Authority [2014] FCA 668

Parties: CHANNEL SEVEN BRISBANE PTY LIMITED v AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

File number(s): NSD 749 of 2014

Judge(s): BUCHANAN, PERRAM AND MORTIMER JJ

Date of judgment: 19 December 2014

Catchwords: ADMINISTRATIVE LAW – application for judicial review of a decision of a delegate of the Australian Communications and Media Authority ("ACMA") – where ACMA found that the appellant breached the Commercial Television Industry Code of Practice 2010 ("the Code") – whether appellant breached cl 1.9.6 of the Code – whether delegate of ACMA failed to distinguish between grounds of ethnic origin and/or race and grounds of cultural practice

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1)(e), 5(1)(f) Broadcasting Services Act 1992 (Cth), ss 43, 44, 123, 124, 125, 128, 141, 142, 142A, 148, 149, 170, 178, 179, 180 Racial and Religious Tolerance Act 2001 (Vic), s 8 Racial Discrimination Act 1975 (Cth) Commercial Television Industry Code of Practice, January 2010, cll 1.1, 1.9, 1.9.6, 1.10, 4.3.1

Cases cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500; [2012] HCA 32 Catch the Fire Ministries Inc v Islamic Council of Victoria Inc (2006) 15 VR 207; [2006] VSCA 284 Channel Seven Brisbane Pty Limited v Australian Communications and Media Authority [2014] FCA 668 Eatock v Bolt (2011) 197 FCR 261; [2011] FCA 1103 Harbour Radio Pty Ltd v Australian Communications and Media Authority (2012) 202 FCR 525; [2012] FCA 614 Kazak v John Fairfax Publications Ltd [2000] NSWADT 77 Macedonian Teachers' Association of Victoria Inc v Human Rights and Equal Opportunity Commission (1998) 91 FCR 8 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Purvis v New South Wales (2003) 217 CLR 92; [2003] HCA 62 Queensland Medical Laboratory v Blewett (1988) 84 ALR 615 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59; [2003] HCA 30 Toyota Motor Corporation Australia Ltd v Marmara (2014) 222 FCR 152; [2014] FCAFC 84 University of Ballarat v Bridges [1995] 2 VR 418 Vietnam Veterans' Affairs Association of Australia New South Wales Branch Inc v Cohen (1996) 70 FCR 419