Today FM (Sydney) Pty Ltd v Australian Communications and Media Authority [2013] FCA 1157

FEDERAL COURT OF AUSTRALIA

Today FM (Sydney) Pty Ltd v Australian Communications and Media Authority [2013] FCA 1157 Citation: Today FM (Sydney) Pty Ltd v Australian Communications and Media Authority [2013] FCA 1157

Parties: TODAY FM (SYDNEY) PTY LTD v AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

File number: NSD 1063 of 2013

Judge: EDMONDS J

Date of judgment: 7 November 2013

Catchwords: ADMINISTRATIVE LAW – powers of Australian Communications and Media Authority ("ACMA") to regulate commercial radio broadcasting licence holders – preliminary investigation report concludes that applicant contravened Surveillance Devices Act 2007 (NSW) and therefore breached a condition of licence under Schedule 2 of the Broadcasting Services Act 1992 (Cth) – whether ACMA can so conclude before competent Court adjudicates the issue – ACMA's role to regulate the conduct of licensees including conducting investigations – whether ACMA's findings interfere with the administration of justice in a criminal proceeding where no criminal proceeding has commenced – ACMA's finding not determinative on question of criminal guilt. CONSTITUTIONAL LAW – whether ACMA's conclusion of breach of licence condition involves exercise of judicial power in conflict with Ch III of the Constitution

Legislation: Constitution Chs II, III Australian Communications and Media Authority Act 2005 (Cth) ss 6, 10, 12 Broadcasting Services Act 1992 (Cth) ss 4, 5, 42, Pt 10 Div 3, Pt 11 Div 1, s 150, Pt 13 Div 2 ss 199, 204, 205L, 205N, Sch 2 – Pt 4, cl 8 Evidence Act 1995 (Cth) ss 140, 141 Telecommunications (Interception and Access) Act 1979 (Cth) Surveillance Devices Act 2007 (NSW) ss 7, 11 Commercial Radio Australia Codes of Practice and Guidelines 2011