Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Communications and Media Authority v Radio 2UE Sydney Pty Ltd (No 2) [2009] FCA 754
PECUNIARY PENALTIES –– contravention –– enforcement and remedies –– civil penalty provision –– pecuniary penalty –– determination of –– Broadcasting Services Act 1992 (Cth) –– ss 140A, 205F –– factors to be considered –– principles to be applied by Court when parties agree on penalty –– circumstances in which Court will depart from agreed penalty –– intervenor opposes agreed penalty –– regulator's views not determinative of the penalty –– Court need not begin analysis with agreed penalty range –– importance of the regulator explaining its approach for discounting the penalty –– Court may reject agreed penalty if it is plainly unreasonable or unjust or manifestly inadequate or excessive –– totality principle applies to pecuniary penalties
PECUNIARY PENALTIES –– purposes –– depending on statutory scheme can include, in addition to deterrence, punishment and retribution COMMUNICATIONS LAW –– broadcasting services licence –– nature of licence –– rights to operate a broadcasting licence is a privilege granted under the Broadcasting Services Act 1992 (Cth) ss 3(1) and 4(1) –– licensee holds a position of public trust –– public interest considerations in the statutory scheme –– ability for broadcasting to exert influence in shaping community views –– holding licence means assuming a position of public trust –– disclosure standard a method of ensuring transparency in current affairs COMMUNICATIONS LAW –– Broadcasting Services Act 1992 (Cth) –– ss 140A, 205F –– breaches of Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2000 –– famous radio personality commits contraventions –– proceedings for agreed penalty –– liability under s 140A of licence in respect of conduct by contravening "star" is direct, not vicarious, liability of the licensee –– Australian Communications Media Authority
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate