Federal Court of Australia
= 20r og . /6 "3 Bt
Broadcasting and television - case stated - extent, if any, of
Minister's obligation to consult representatives of existing television stations concerning publication of a notice calling for
applicants, for new television licence and concerning planning
prior to publication - scheme of the licencing provisions of Broadcasting and Television Act - functions of Minister and Tribunal under Act - meaning of "plan the development of ... television services" - meaning of "consult" - effect of failure to
consult upon efficacy of publication of notice and upon Tribunal inguiry consequent upon publication - whether requirement to consult Mandatory or directory - observations concerning usefulness of Mandatory/directory dichotomy when construing
statutory directions - effect of definition of specification as
used in Act.
Words and Phrases - "plan the development of" "consult"
Administrative Decisions (Judicial Review) Act 1977 Federal Court Rules 0.4 r.1, 0.29 r.2, 0.54 r.2, 0.4 r.l
Broadcasting and Television Act 1942 5.18, sub-s.80(1), 66.82,83,111C and Part V
Broadcasting and Television Amendment Act (No. 2) 1976 Acts Interpretation Act 1901 sub-s.13(1)
TVW ENTERPRISES LIMITED v. MICHAEL JOHN DUFFY and AUSTRALIAN
BROADCASTING TRIBUNAL and PERTH TELEVISION LIMITED, WEST COAST TELECASTERS LIMITED, WESTERN TELEVISION LIMITED
No. WA Gll of 1985
TOOHEY J. PERTH
12 JULY 1985
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
JUDGE MAKING ORDER
DATE OF ORDER 2
WHERE MADE:
THE COURT ORDERS THAT:
No. WA Gill of 1985
we www
BETWEEN:
TVW ENTERPRISES GIMITED Applicant and MICHAEL JOHN DUFFY First Respondent and AUSTRALIAN BROADCASTING TRIBUNAL
Second Respondent
and PERTH TELEVISION LIMITED,
WEST COAST TELECASTERS LIMITED, WESTERN TELEVISTON LIMITED
Third Respondents
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