Benson and Hedges Co Pty Ltd & Ors v Australian Broadcasting Tribunal [1984] FCA 320

CATCHWORDS

Administrative Law - Judicial Review - Application for review of

decisions of Australian Broadcasting Tribunal that certain

telecasts were prohibited advertisements - Sponsorship

announcements by tobacco companies - Whether advertisements for.

or for the smoking of, cigarettes or cigarette tobacco ~ Live telecast of Rugby League Grand Final - Whether contained prohibited advertising matter - Whether advertising matter an

"incidental accompaniment" of the broadcasting of other matter -

Decision to which the Act applies - Person aggrieved.

Administrative Decisions (Judicial Review) Act 1977 - ss.5. 6.

Broadcasting and Television Act 1942 - s.100.

THE BENSON AND HEDGES COMPANY PTY. LIMITED, ROTHMANS OF PALL MALL (AUSTRALIA) LIMITED AND OTHERS v. THE AUSTRALIAN BROADCASTING

TRIBUNAL

No. G172, G173, G174 and G175 of 1984

Fox J. Sydney 10 October 1984

IN THE FEDERAL COURT OF AUSTRALIA } )

NEW SOUTH WALES DISTRICT REGISTRY } )

GENERAL DIVISION )

No. G172 of 1984

BETWEEN : THE BENSON & HEDGES COMPANY PTY. LIMITED

Applicant AND:

AUSTRALIAN BROADCASTING TRIBUNAL

Respondent

No. G173 of 1984

THE BENSON & HEDGES COMPANY PTY. LIMITED

Applicant AND:

AUSTRALIAN BROADCASTING TRIBUNAL Respondent No. G1i74 OF 1984

ROTHMANS OF PALL MALL (AUSTRALIA) LIMITED and ANOTHER

Applicant AND:

AUSTRALIAN BROADCASTING TRIBUNAL

Respondent

No. G1i75 OF 1984

ROTHMANS OF PALL MALL (AUSTRALIA) LIMITED and ANOTHER

Applicant AND:

AUSTRALIAN BROADCASTING TRIBUNAL

Respondent

ORDER JUDGE: Fox J. DATE OF ORDER: 10 October 1984 WHERE MADE: Sydney.

IN EACH OF THE MATTERS NO''S. G172, Gi73 AND G175

THE COURT ORDERS THAT:

l. The application be dismissed.

2. The applicant(s) pay the respondent's costs of the application.

IN MATTER NO. G174 THE COURT ORDERS THAT:

l. The application be allowed in part. The decision of the Australian Broadcasting Tribunal be set aside.