Australian Broadcasting Tribunal v Bond [1988] FCA 431

JUDGMENT No. 431.4. 8%

fon wonenend

CATCHWORDS

BROADCASTING AND TELEVISION -— Australian Broadcasting Tribunal — statutory provisions establishing functions of Tribunal - scheme of the legislation - scope of "substantive powers" of the Tribunal listed in s. 17A of the Broadcasting Act 1942 ~- power of Tribunal to vary or revoke conditions o

Ticence and to suspend or revoke a licence on specified grounds - whether inquiry was authorised by sub-s. 17C(1) of the Broadcasting Act - whether the word "proposes" in sub-s. 17c(1) required the Tribunal to form initial intention to exercise substantive powers in order to have power to hold anquiry - construction of sub-s. 17C(1) - scope of Tribunal's powers to hold an inquiry under sub-s. 17C(3) of the Broadcasting Act - other means of obtaining information available to the Tribunal - legislative history of Tribunal's inquiry power - whether Tribunal had properly formulated a proposal within the meaning of sub-s. 17C(1) of the Broadcasting Act.

Administrative Decisions (Judicial Review) Act 1977

Broadcasting and Television Act 1942 Broadcasting Act 1942: ss. I7A, 17c(1), 17¢(3), 85, 88

Australian Broadcasting Tribunal (Inquiries) Regulations

AUSTRALIAN BROADCASTING TRIBUNAL v ALAN BOND, BOND MEDIA J LIMITED, BOND CORPORATION HOLDINGS LIMITED, QUEENSLAND

TELEVISION LIMITED, CONSOLIDATED BROADCASTING SYSTEM (W.A.)

PTY. LIMITED, NORTHWEST RADIO PTY. LIMITED and DARWIN

BROADCASTERS PTY. LIMITED

G1030 of 1988

COURT: LOCKHART, WILCOX and PINCUS JJ. 10 AUGUST 1988

SYDNEY

dee eee ee

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G1031 of 1988 ) )

GENERAL DIVISION

BETWEEN:

AND:

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN BROADCASTING TRIBUNAL Appellant

ALAN BOND

JUDGES MAKING ORDER: DATE ORDER MADE: