Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
RG Capital Radio Ltd v Australian Broadcasting Authority [2001] FCA 855
administrative law – broadcasting- determination by Australian Broadcasting Authority of licence area plan – application for review of determination under Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether determination was a decision "of an administrative character" Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3 ("decision to which this Act applies"), 5 Broadcasting Services Act 1992 (Cth) s 26 Minister for Industry & Commerce v Tooheys Ltd (1982) 60 FLR 325 discussed
Queensland Medical Laboratory v Blewett (1988) 84 ALR 615 discussed Century Metals and Mining NL v Yeomans (1989) 40 FCR 564 discussed Austral Fisheries Pty Ltd v Minister for Primary Industries & Energy (1992) 37 FCR 463 discussed Aerolineas Argentinas v Federal Airports Corporation (1995) 63 FCR 100 discussed Vietnam Veterans' Affairs Association v Cohen (1996) 70 FCR 419 discussed SAT FM Pty Ltd v Australian Broadcasting Authority (1997) 75 FCR 604 approved RG CAPITAL RADIO LIMITED (ACN 010 711 056) v AUSTRALIAN BROADCASTING AUTHORITY N 1054 OF 2000 WILCOX, BRANSON AND LINDGREN JJ 6 JULY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1054 OF 2000
BETWEEN: RG CAPITAL RADIO LIMITED (ACN 010 711 056)
APPLICANT
AND: AUSTRALIAN BROADCASTING AUTHORITY
RESPONDENT
JUDGES: WILCOX, BRANSON AND LINDGREN JJ
DATE OF ORDER: 6 JULY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The question: "Is the decision of the respondent to determine the licence area plan made 31 August 2000 for the Gosford licence area a decision of an administrative character within the meaning of the Administrative Decisions (Judicial Review) Act 1977 (Cth)?" ordered on 20 February 2001 to be decided as a separate and preliminary question, be answered: "No." 2. All issues concerning the costs of the determination of the preliminary question be reserved for decision by Moore J. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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