Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Harbour Radio Pty Limited v Australian Communications and Media Authority [2012] FCA 614 Citation: Harbour Radio Pty Limited v Australian Communications and Media Authority [2012] FCA 614
Parties: HARBOUR RADIO PTY LIMITED ACN 010 853 317 and MACQUARIE RADIO NETWORK LIMITED ACN 063 906 927 v AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY ABN 55 386 169 386
File number: NSD 595 of 2012
Judge: GRIFFITHS J
Date of judgment: 14 June 2012
Catchwords: ADMINISTRATIVE LAW – judicial review – decision by the respondent to make the Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2012 – whether decision was in excess of jurisdiction conferred by s 125 Broadcasting Services Act 1992 (Cth) – whether relevant jurisdictional facts existed – whether standard was reasonably or rationally proportionate to primary power – whether decision was so unreasonable that no reasonable person could have so exercised the power – whether decision to make the standard was of a legislative or administrative character CONSTITUTIONAL LAW – implied freedom of political communication about government or political matters – s 125 of Broadcasting Services Act 1992 (Cth) does not give jurisdiction to make a standard which imposes obligations which are contrary to the implied freedom of political communication – whether the Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2012 imposes obligations which are contrary to the implied freedom of political communication
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Communications and Media Authority Act 2005 (Cth) s 10 Broadcasting Services Act 1992 (Cth) ss 3, 4, 123, 123A, 124, 125, 126, 127, 128, 139, 140, 140A, 141, 142, 142A, 143, 204 Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2012 Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2000 Judiciary Act 1903 (Cth) s 39B Legislative Instruments Act 2003 (Cth) s 26
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