Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Channel Seven Adelaide Pty Limited v Australian Communications and Media Authority [2013] FCA 812 Citation: Channel Seven Adelaide Pty Limited v Australian Communications and Media Authority [2013] FCA 812
Parties: CHANNEL SEVEN ADELAIDE PTY LIMITED v AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
File number: NSD 685 of 2012
Judge: YATES J
Date of judgment: 14 August 2013
Corrigendum: 19 August 2013
Catchwords: ADMINISTRATIVE LAW – application for judicial review of respondent's decision that applicant had breached one of the conditions of its commercial television broadcasting licence – respondent had found that segment of news report broadcast by the applicant was a "tobacco advertisement" broadcast in contravention of s 13 of the Tobacco Advertising Prohibition Act 1992 (Cth) – whether any error of law established in respondent's decision
Legislation: Acts Interpretation Act 1901 (Cth) s 15AA Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Broadcasting Services Act 1992 (Cth) ss 42(1)(a), 139(1), 140A, 141(1), 149, Sch 2 Criminal Code ss 3.1, 3.2, 4.1, 5.2, 5.6 Criminal Code Act 1995 (Cth) s 3(1) Judiciary Act 1903 (Cth) ss 39B, 78B Tobacco Advertising Prohibition Act 1992 (Cth) ss 3, 5A, 9, 13, 14
Cases cited: Coleman v Power and Others (2004) 220 CLR 1 Director of Public Prosecutions v United Telecasters Sydney Limited (1990) 168 CLR 594 Evans and Another v New South Wales (2008) 168 FCR 576 Hogan v Hinch (2011) 243 CLR 506 ICM Agriculture Pty Ltd and Others v The Commonwealth of Australia (2009) 240 CLR 140 Lend Lease Real Estate Investments Ltd v GPT RE Ltd [2006] NSWCA 207 Li v Chief of Army (2013) 210 FCR 299 Metro Transport Sydney Pty Ltd v City of Sydney Council [2009] NSWLEC 37 Project Blue Sky Inc and Others v Australian Broadcasting Authority (1998) 194 CLR 355 R v Saengsai-Or (2004) 61 NSWLR 135 Re Alcan Australia Limited and Others; Ex Parte Federation of Industrial, Manufacturing and Engineering Employees. (1994) 181 CLR 96 Rothmans of Pall Mall (Australia) Limited v The Australian Broadcasting Tribunal (1985) 5 FCR 330 Smoker v Pharmacy Restructuring Authority and Others (1994) 53 FCR 287 The Owners of The Ship "Shin Kobe Maru" v Empire Shipping Company Inc. (1994) 181 CLR 404 Wotton v State of Queensland and Another (2012) 246 CLR 1
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