Nezville Pty Ltd v Australian Broadcasting Authority [2001] FCA 29

FEDERAL COURT OF AUSTRALIA

Nezville Pty Ltd v Australian Broadcasting Authority [2001] FCA 29

BROADCASTING AND RADIOCOMMUNICATIONS ‑ Planning of radio spectrum ‑ Determination of Licence Area Plan (LAP) by Australian Broadcasting Authority ‑ LAP lists numbers of national, commercial, community and open narrowcasting (ONC) radio services to be available for broadcasting ‑ Whether in determining LAP Authority obliged to take into account content and merits of existing ONC licence holders' programs ‑ In determining LAP Authority obliged to make provision for wide public consultation ‑ Whether Authority did so ‑ Person affected by LAP invited to comment within seven days on proposed change to draft LAP ‑ At request of person affected ten days allowed for comment ‑ Whether extended time limit denial of procedural fairness ‑ Statement in LAP that provider of ONC services "will be determined by use of price based allocation system" ‑ Authority no power to make such determination ‑ Whether a decision of Authority or statement of expectation ‑ Source of Authority's power to make ONC services available. Broadcasting Services Act 1992 (Cth) ss 23, 26, 27, 34 Radiocommunications Act 1992 (Cth) ss 31, 100, 102, 106

Minister for Aboriginal Affairs v Peko‑Wallsend Ltd (1986) 162 CLR 24 cited Bread Manufacturers of NSW v Evans (1981) 180 CLR 404 cited Melbourne Pathology Pty Ltd v Minister for Human Services and Health (1996) 40 ALD 565 cited SAT FM Pty Ltd v Australian Broadcasting Authority (1997) 75 FCR 604 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 applied

NEZVILLE PTY LTD and HARRY STAMOULIS v AUSTRALIAN BROADCASTING AUTHORITY V 546 of 2000 SUNDBERG J 31 JANUARY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 546 OF 2000