Community Television Sydney Limited v Australian Broadcasting Authority [2004] FCA 443

FEDERAL COURT OF AUSTRALIA

Community Television Sydney Limited v Australian Broadcasting Authority [2004] FCA 443 ADMINISTRATIVE LAW - Broadcasting Services Act 1992 (Cth) - application for community broadcasting licence – Australian Broadcasting Authority required to have regard to specified considerations – whether Authority took into account extent to which proposed service would meet existing community needs given delay in commencement of service - whether the Australian Broadcasting Authority erred in not delaying the allocation of the community television license to a later date, thereby allowing the existing temporary licensee to continue until such time Broadcasting Services Act 1992 (Cth) ss 3, 4, 5, 11, 15, 18, 23, 26, 31, 34, 80, 84, 85, 86, 87, 87A, 89, 92J, 117, 121, 139, 143, 154, 155, 158, 160; Schs 2, 3 Radiocommunications Act 1992 (Cth) ss 100, 101A Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 13 Acts Interpretation Act 1901 (Cth) ss 4, 46A Broadcasting Legislation Amendment Act (No 2) 2002 (Cth)

The Queen v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 cited. Wyong-Gosford Progressive Community Radio Inc v Australian Broadcasting Authority (2003) 125 FCR 560 cited. R v Hunt; Ex parte Sean Investments Pty Ltd (1979) 180 CLR 322 cited. Queensland Medical Laboratory v Blewett (1988) 84 ALR 615 cited. Minister for Immigration and Multicultural Affairs v W157/00A (2002) 125 FCR 433 applied. Jones v Dunkel (1959) 101 CLR 298 distinguished. Muin v Refugee Review Tribunal (2002) 190 ALR 601 applied. Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited. Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited. COMMUNITY TELEVISION SYDNEY LIMITED v AUSTRALIAN BROADCASTING AUTHORITY & ANOR N 378 of 2004 SACKVILLE J SYDNEY 16 APRIL 2004